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14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 24 | 1 |
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence b. Personal and adve g Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses False arrest detention or imprisonment b. Malicious prosecution c. 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 d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
22 23. 24 25. b. b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodil ury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means b. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of b. The total applicable limits of the underlying insurance plus any other insurance available to the insured or The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes b. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. 26. 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. 27. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. 28. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 30. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
IMPORTANT NOTICE To report a new claim or loss please contact ATTENTION CLAIMS DEPARTMENT LIBERTY INTERNATIONAL UNDERWRITERS CANADA SUITE 1000 181 BAY STREET BAY WELLINGTON TOWER TORONTO ONTARIO M5J 2T3 Email claims.liulibertyiu.com Toll Free 1 800 461 5079 Phone 416 365 7587 Fax 416 307 4672 CNI 9009 0118 2018 Liberty Mutual Insurance Page 1of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY ANNUAL MEETING NOTICE Your policy is issued by a stock insurance company subsidiary of the Liberty Mutual Holding Company Inc. a Massachusetts mutual holding company. The named insured first named in the Declarations is a member of Liberty Mutual Holding Company Inc. As a member of Liberty Mutual Holding Company Inc. the named insured first named is entitled among other things to vote either in person or by proxy at the annual meeting or special meetings of said company. The Annual Meeting of Liberty Mutual Holding Company Inc. is at its offices located at 175 Berkeley Street Boston Massachusetts on the second Wednesday in April each year at ten oclock in the morning. Members of Liberty Mutual Holding Company Inc. may request a copy of the company s annual financial statements which are posted on Liberty Mutual s website at www.libertymutual.com or by writing to Liberty Mutual Holding Company Inc. 175 Berkeley Street Boston Massachusetts 02116 Attention Corporate Secretary. PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. PRESIDENT SECRETARY LIL 900406 13 2013 Liberty Mutual Insurance. All rights reserved. Page 1of 1 | 2 |
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Liberty Mutual. INSURANCE Named insured Mailing Address Policyholder Information Agent Mailing Address Phone No. PREMIERE MARKETING 10561 Barkley St Ste 102 Overland Park KS 66212 913 831 1777 SRA INSURANCE AGENCY LLC 5201 JOHNSON DR STE 500 MISSION KS 66205 2930 Your Commercial Documents Dear Policyholder We know you work hard to build your business. We work together with your agent. SRA INSURANCE AGENCY LLC 913 831 1777 1o help protect the things you care about. Thank you for selecting us. Enclosed arc your insurance documents consisting of Your Commercial Documents Commercial Umbrella To find your limits of insurance and premium please refer W your Declarations pages. Please refer to your policy for specific coverages. If you have any questions or changes that may affect your insurance needs please contact your Agent at 913 831 1777 o Verify that all information is correct n o If you have any changes. please contact your Agent at 913 831 1777 Reminders Incase of a claim call your Agent or 1 800 362 0000 You Need To Know. COP NUED ON NEXT PAGE e To report a claim call your Agent or 1 800 362 0000 DS 70 20 01 08 | 2 |
You Need To Know continued NOTICES TO POLICYHOLDER S he Important Notices to Policyholders provide a general explanation of changes in coverage to your policy. The Important Notices o Policyholders is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights duties and what is and is not covered. FORM NUMBER TITLE Terrorism Insurance Premium Notice And Opportunity To Reject NP 73 1201 15 Important Notice To Policyholder Commereial Umbrella Coverage Revisions NP 91 78 01 16 NP 999902 16 This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing Important Notice to Policyholders Amendment of Aircraft Exclusion account. Please contact your agent for more information. | 2 |
01162017 uso 18 57 66 94 20 From 03012017 To 03012018 PREMIERE MARKETING 10561 Barkley St Ste 102 Overland Park KS 66212 913 831 1777 SRA INSURANCE AGENCY LLC 5201 JOHNSON DR STE 500 MISSION KS 66205 2930 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This notice contains important information about the Terrorism Risk Insurance Act and its effect on your policy. Please read it carefully. THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act including all amendments TRIA or the Act establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from such acts exceed the Program Trig ger. An insurer that has met its insurer deductible is not liable for any portion of losses in excess of 100 billion per year. Similarly the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed 100 billion losses up to that amount may be pro rated as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are Calendar Year Federal Share Program Trigger 2015 1 85 100000000 2016 84 120000000 2017 il 83 I 140000000 2018 82 160000000 2019 81 180000000 2020 80 200000000 MANDATORY OFFER OF COVERAGE FOR CERTIFIED ACTS OF TERRORISM AND DISCLOSURE OF PRE Mium TRIA requires insurers to make coverage available for any loss that occurs within the United States or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels results from a certified act of terrorism AND that is otherwise covered under your policy. A certified act of terrorism means Alny act that is certified by the Secretary of the Treasuryl in consultation with the Secretary of Homeland Security and the Attorney General of the United States. i to be an act of terrorism NP 73120115 2015 Liberty Mutual Insurance Page 1 of 2 | 2 |
ii to be a violent act or an act that is dangerous to 1 humaniife ll property or i infrastructure iii to have resulted in damage within the United States or outside of the United States in the case of l an air carrier as defined in section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or i the premises of a United States mission and iv 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. REJECTING TERRORISM INSURANCE COVERAGE WHAT YOU MUST DO We have included in your policy coverage for losses resulting from certified acts of terrorism as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV ERNMENT UNDER THE ACT. If we are providing you with a quote the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE PLEASE CHECK THE BOX BELOW SIGN THE ACKNOWL EDGEMENT AND RETURN THIS FORM TO THE ADDRESS BELOW Please ensure any rejection is received within 30 days of the effective date of your policy. Before making a decision to reject terrorism insurance refer to the Underlying Coverage Requirement located at the end of this Notice. hereby reject this offer of coverage. understand that by rejecting this offer will have no coverage for losses arising from a certified acts of terrorism and my policy will be endorsed accordingly. Policyholder Applicant s Signature Print Name Date Signed Named Insured Policy Number PREMIERE MARKETING uso 18 57 66 9k 20 Policy Effective Expiration Date From 03012017 To 03012018 UNDERLYING COVERAGE REQUIREMENT This policy will apply to Terrorism Coverage only in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to you during the Policy Period. if you fail to comply with this Underlying Coverage Requirement and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this requirement IF YOU REJECTED THIS COVERAGE PLEASE RETURN THIS FORM TO Attn Commercial Lines Division Terrorism P.O. Box 66400 London KY 40742 6400 The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms definitions exclusions and conditions. In case of any conflict your policy language will control the resolution of all coverages questions. Please read your policy carefully. If you have any questions regarding this notice please contact your agent NP 73120115 2015 Liberty Mutual Insurance Page 2 of 2 Page 2 of 2 | 2 |
NP 91780116 IMPORTANT NOTICE TO POLICYHOLDER COMMERCIAL UMBRELLA COVERAGE REVISIONS Dear Valued Policyholder Thank you for selecting us as your carrier for your commercial umbrella insurance. We are in the process of implementing policy administration system improvements. As a result we are replacing coverage forms and endorsements with other forms which result in some changes to your coverage. This notice contains a summary of the nature of coverage changes made to your policy. The outline of changes below begins with a summary of Coverage Form changes including certain endorse ments that are attached to your new Coverage Form. This is followed by a summary of the changes to Miscellaneous Endorsements. Please note this notice does not reference every editorial change made to the forms only material or significant coverage changes. Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice the provisions of the policy shall prevail. Should you have gquestions after reviewing the changes outlined below please contact your independent agent. Thank you for your business. SUMMARY OF POLICY CHANGES COVERAGE FORM CHANGES If your renewal policy contains the Commercial Umbrella Coverage Form CU 60 02 06 97 and your expiring policy contained Commercial Umbrella Liability Coverage Form 14 210 0204 then the following key broadenings clarifica tions and reductions to your coverage apply to your policy 1. BROADENING OF COVERAGE Defense And Expense Of Claims and Suits The Defense provisions have been revised so that the payment of the insured s actual and reason able expenses incurred at our request when we assume defense of a claim or suit is no longer subject to a loss of earnings cap. Formerly actual loss of earnings because of time off from work was capped at 500 per day. For more details refer to paragraph 3.i. under SECTION Ill. DEFENSE Limits of Insurance The General Aggregate Limit is revised as follows e It does not apply to coverages included in the scheduled underlying insurance to which no underlying aggregate limit applies. Formerly the General Aggregate Limit did not apply to damages because of bodily injury or property damage arising out of the ownership or use of an auto. e It applies separately and in the same manner as the aggregate limits in the underlying insur ance For more details refer to paragraph B. under SECTION ll. LIMITS OF INSURANCE Self insured Retention The Self Insured Retention applies to each occurrence not covered by underlying insurance but it is not reapplied during the policy period once it is exhausted by actual payments of claims in full by the insured. For more details refer to paragraph. under SECTION Il. LIMITS OF INSURANCE Watercraft Liability Non owned watercraft liability coverage no longer contains a watercraft length limitation nor is it limited to watercraft that is not being used to carry persons or property for hire. However there is no coverage if the watercraft is chartered without a crew unless there is scheduled underlying insurance. Note that a more restrictive exclusion might be endorsed to your renewal policy. For more details refer to provision Q.2. under SECTION IV. EXCLUSIONS and any endorsement attached to your policy that amends the exclusion 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 25 NP 91780116 | 0 |
Damage To Your Work The exception to the property damage to your work exclusion that pertains to your subcontractor s work now applies regardless of the extent that scheduled underlying insurance is applicable. How ever a more restrictive endorsement might be attached to your renewal policy. For more details refer to exclusion. under SECTION IV. EXCLUSIONS and any endorsement attached to your policy that amends the exclusion Definition of Insured A company of which you own more than 50 as of the effective date of this policy qualifies as an Named Insured. For more details refer to definition F. under SECTION V. DEFINITIONS CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Declarations Pages A Commercial Umbrella Policy Declarations replaces your former Common Policy Declarations and Commercial Umbrella Liability Coverage Part Declarations. Defined Terms The meaning for terms in quotation marks are generally found in SECTION V DEFINITIONS of your Commercial Umbrella Coverage Form but also may be found in the specific policy provision where they appear. Insuring Agreement The following insuring agreement is now included in your Commercial Umbrella Coverage Form In consideration of the payment of premium and reliance upon the statements in the Declara tions we agree with you to provide coverage as follows. Formerly a similar statement was incorporated into your Declarations. An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form so that it expressly states there are no obligations imposed on us under this contract other than the specified indemnification agreement and the duty to defend and pay certain defense expenses. Formerly this provision was incorporated into your Commercial Umbrella Liability Cov erage Form. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Known Injury Or Damage An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form to address the issue of known injury or damage. Formerly these provisions were incor porated into your Commercial Umbrelia Liability Coverage Form. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement U 88 3105 09 Personal And Advertising Injury An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form so that the personal and advertising injury coverage terms are aligned with that of your expiring policy. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Exclusion Titles The exclusions within your Commercial Umbrella Coverage Form are no longer titled. For more details refer to SECTION IV. EXCLUSIONS Liquor Liability An endorsement is attached to your policy when there is scheduled underlying insurance for liquor liability. It modifies the Commercial Umbrella Coverage Form so that there is no coverage for any liability of the insured by reason of e Causing or contributing to the intoxication of any person e Furnishing of alcoholic beverages to a person under the legal drinking age or under the influ ence of alcohol or 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 25 NP 91780116 | 1 |
e Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent there is scheduled underlying insurance for such liability. However the coverage afforded will be no broader than that underlying insurance. For merly a similar exclusion was incorporated into your Commercial Umbrella Liability Coverage Form. For more details refer to Liquor Liability Following Form endorsement CU 61 26 07 14 Employment Related Practices An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form so that the employment related practices liability exclusionary language is aligned with the exclu sion in your expiring Commercial Umbrella Liability Coverage Form. However the exclusion is additionally revised to Reflect that it is intended to apply to any injury caused by the malicious prosecution of a person and e Reinforce intent that it applies to an injury causing event e.g. defamation associated with employment whether it occurs before employment during employment or after empioyment of that person. For more details refer to Employment Related Practices Exclusion endorsement CU 88 031207 Racing Speed Demolition Or Stunting Activity Exclusion Your Commercial Umbrella Coverage no longer expressly excludes injury or damage arising out of any prearranged professional or organized racing speed demolition or stunting activity or contest involving your mobile equipment or auto. However the scope of your Umbrella coverage will follow the racing speed demolition or stunting activity exclusion in your underlying insurance because auto following form and mobile equipment following form endorsements are attached to your policy. For more details refer to Auto Liability Following Form endorsement CU 61 06 07 13 and Mobile Equipment Following Form endorsement CU 64 92 01 13. War An endorsement is attached to your policy that revises the war exclusion in the Commercial Um brella Coverage Form so that it aligns with the exclusion in your expiring policy and current underlying language. For more details refer to War Liability Exclusion endorsement CU 88 01 12 02 Nuclear Energy Liability Exclusion The Nuclear Energy Liability Exclusion is incorporated into your Commercial Umbrella Coverage Form. Formerly a separate endorsement was attached to your policy. For more details refer to the Nuclear Energy Liability Exclusion at the end of your Commercial Umbrella Coverage Form Definition of Insured The explanation of persons or organizations who qualify as insureds can now be found in the Definitions section. Formerly this information was provided under a separate Who Is An Insured section. For more details refer to paragraph F. under SECTION V. DEFINITIONS Conditions The following conditions which were formerly included under the Common Policy Conditions endorsement are now included under the Conditions section of your Commercial Umbrella Cov erage Form e Cancellation is found under Cancellation condition D. Note that these provisions may be amended by a State Changes endorsement. Changes is found under Changes condition E. Examination Of Your Books And Records is found under Audit condition B. Inspections And Surveys is found under Inspections condition G. Premiums is found under Premiums condition K. Transfer Of Your Rights And Duties Under This Policy is found under Transfer Of Your Rights And Duties condition O. For more details refer to SECTION VI. CONDITIONS Bankruptcy of insureds and underlying insurers are now combined under one condition Bank ruptey Or Insolvency. Formerly there were two separate conditions Bankruptcy Or Insolvency Of The Insured and Insolvency Of Underlying Insurer. For more details refer to condition. under SECTION VI. CONDITIONS 2016 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc. with its permission NP 91780116 Page 3 of 25 | 1 |
Claim Claim is added as a defined term to expressly state that it means any demand for monetary damages upon an insured resulting from a covered occurrence. For more details refer to paragraph D. under SECTION V. DEFINITIONS Consequential Bodily Injury An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form by introducing the defined term consequential bodily injury. Formerly this term was incorporated into your Commercial Umbrella Liability Coverage Form. For more defails refer to Amendatory En dorsement CU 88 30 07 14 or Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Employee An explanation of who is included as an employee is found in the definition of insured. Formerly it was a separate defined term. For more details refer to paragraph F.6. under SECTION V. DEFINITIONS Leased Worker An explanation for a leased worker is included in the definition of insured. Formerly the term was defined separately. For more details refer to paragraph F.6. under SECTION V. DEFINITIONS Occurrence An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form so that the definition of occurrence applies only with respect to bodily injury and property damage and aligns more closely with your expiring policy and underlying insurance. As a result a personal and advertising injury offense is removed from the umbrella definition of occurrence and the term offense is now defined separately. For more details refer to Amendatory Endorsement CU 88 30 07 14 or Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Offense An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form so that the term offense is separately defined and more closely aligns personal and advertising injury coverage with your expiring policy and underlying insurance. For more details refer to Amendatory Endorsement CU 88 30 07 14 or Personal And Advertising Injury Following Form endorsement cU 88310509 Other Underlying Insurance Other underlying insurance is no longer a defined term. For more details refer to SECTION V. DEFINI TIONS Pollutants The term pollutant is now explained within the pollution exclusion. Formerly the definition of pollutants was included in the Definitions section For more details refer to exclusion L. under SECTION IV. EXCLUSIONS Property Damage An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form by revising the definition of property damage to expressly state that electronic data is not tangible property. Formerly this revised definition was incorporated into your Commercial Umbrella Liabil ity Coverage Form. For more details refer to Amendment Electronic Data endorsement CU 64 82 07 14 Retained Limit An explanation of the Retained Limit is now included under the Limits of Insurance section of your Commercial Umbrella Coverage Form. Formerly it was a defined term. For more details refer to paragraph G. under SECTION If. DEFINITIONS The provision that states the insured will promptly reimburse us for any amount within the Self Insured Retention that is advanced by us is now included in the When Loss Is Payable condition. Formerly it was addressed in the definition of Retained Limit. For more details refer to condition P. under SECTION VI. CONDITIONS 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4 of 25 NP 91780116 | 1 |
Temporary Worker An explanation for a temporary worker is now included in the definition of insured. Formerly the term was defined separately. For more details refer to paragraph F. under SECTION V. DEFINITIONS Underlying Insurance Underlying insurance is introduced as a defined term. It replaces the former defined term sched uled underlying insuiance and is further revised to expressiy state that it includes any replacement policies issued during the term of this insurance that provide at least the same policy limits and insurance for the same hazards except as to any modifications agreed to by us in writing. For more details refer to paragraph 0. under SECTION V. DEFINITIONS n. COVERAGE REDUCTIONS Defense And Expense Of Claims and Suits With respect to claims or suits of which we assume the charge of investigation settlement or defense we will not pay the cost of bail bonds required because of an occurrence we cover. For more details refer to SECTION IHl. DEFENSE Defense of the insured s indemnitees is no longer provided. For more details refer to SECTION. DEFENSE Personal and Advertising Injury In some instances an exclusion may be added to preclude coverage for personal and advertising injury except to the extent that insurance is provided for such injury by scheduled underlying insurance and for no broader coverage than is provided by such insurance. This may result in a reduction in coverage unless a personal injury and advertising injury follow form endorsement was attached to your expiring policy. For more details refer to the Personal And Advertising Injury Following Form endorsement CU 88 31 05 08 if applicable Pollution The pollution exclusion is revised so that there is no coverage for any liability costs charges or expenses arising directly or indirectly out of or in any way related to the actual alleged or threat ened presence discharge dispersal seepage migration release or escape of pollutants however caused and whether or not the pollution was sudden accidental gradual intended expected unexpected preventable or not preventable. Note that a less restrictive amendment of pollution exclusion may be endorsed to your renewal policy. For more details refer to exclusion L. under SECTION IV. EXCLUSIONS and any amendment of pollution exclusion endorsement attached to your policyl Watercraft Liability The watercraft exclusion no longer includes an exception for liability assumed under an insured contract for the ownership maintenance or use of watercraft regardiess of the extent of scheduled underlying insurance. Also there is no coverage for a watercraft that is chartered by or for you without a crew unless there is scheduled underlying insurance and for no broader coverage than is provided by that underlying insurance. Note that a more restrictive exclusion might be endorsed to your renewal policy. For more details refer to provision Q.2. under SECTION IV. EXCLUSIONS and any endorsement attached to your policy that amends the exclusion Aircraft Liability The aircraft exclusion no longer includes an exception for liability assumed under an insured contract for the ownership maintenance or use of aircraft regardless of the extent of scheduled underlying insurance Note that a more restrictive endorsement might be attached to your renewal policy. For more details refer to provision Q.3. under SECTION IV. EXCLUSIONS and any endorsement attached to your policy that amends the exclusion 2016 Liberty Mutual Insurance includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 25 NP 917801 16 | 1 |
Employers Liability Bodily injury to an employee of any insured including consequential injury dual capacity suits and third party over actions is now excluded except to the extent coverage for such injury is provided by scheduled underlying insurance and for no broader coverage than is provided by that underlying insurance. This is reduction in coverage unless an Employers Liability Follow Form endorsement was attached to your expiring policy. Note that a more restrictive endorsement might be attached to your renewal policy. For more details refer to provision Q.4. under SECTION IV. EXCLUSIONS or employers liability exclusion endorsement if any attached to your policyl Foreign Liability The former defined term coverage territory no longer applies. An endorsement is now attached to your policy that excludes injury or damage which occurs outside the United States of America its territories and possessions Puerto Rico or Canada except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insur ance. For more details refer to Foreign Liability Follawing Form endorsement CU 63 44 06 971 Contractual Liability An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form so that liability assumed by any insured under any insured contract is excluded except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly a contractual liability exclusion was included in your Commercial Umbrella Liability Coverage Form that did not apply to liability for damages e The insured would have in the absence of the contract or agreement or e Assumed in a contract or agreement that is an insured contract. These exceptions applied without regard to the extent of scheduled underlying insurance unless a contractual liability follow form endorsement was attached to your expiring policy. For more details refer to Contractual Liability Following Form endorsement CU 61 13 06 97 or Contractors Limitation Endorsement CU 61501106 or Municipalities Endorsement CU 61 55 07 14 Mobile Equipment Following Form An endorsement is attached to your policy that adds an exclusion for any liability arising out of the ownership maintenance operation use loading or unloading of any mobile equipment except to the extent that insurance is provided by scheduled underlying insurance and for no broader cov erage than is provided by such insurance. For more details refer to Mobile Equipment Following Form endorsement U 64 92 01 13 Damage To Property An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form to expand the property damage to property exclusion so that there is no insurance for any property damage to any property in the care custody or control of any insured or loaned to any insured or used rented or occupied by any insured or for which any insured is exercising physical control for any purpose. Note that a potentially less restrictive property damage to property following form provision might be endorsed to your renewal policy if you are a contractor or a municipality. For more details refer to the Care Custody Or Control Real or Personal Property endorsement CU 60 30 06 97 unless you are a contractor or municipality or Auto Dealers And Auto Services Limitation endorsement CU 61 0507 14 if you are an auto service or repair operation or auto dealer Exhausted Underlying Aggregate Limits In the event that your policy applies because applicable underlying aggregate limits have been exhausted coverage will be subject to the Umbrella policy terms but will not be broader than the applicable scheduled underlying insurance. For more details refer to paragraph E. under SECTION H. LIMITS OF INSURANCE Definition of Insured Coverage for newly acquired or formed organizations applies only to the extent that there is sched uled underlying insurance and for no broader coverage. For more details refer to provision F.1.b. under SECTION V. DEFINITIONS 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office inc. with its permission. Page 6 of 25 NP 917801 16 | 1 |
Coverage for an individual who is listed as a Named Insured in the Declarations is provided only with respect to businesses of which you are the sole owner as the effective date of this policy. For more details refer to provision F.2. under SECTION V. DEFINITIONS Your employees partners executive officers or directors qualify as insureds while acting within the scope of their duties. However coverage does not apply to the ownership maintenance use loading or unloading of any autos aircraft or watercraft unless such coverage is included in the scheduled underlying insurance and for no broader coverage than is provided under such underlying insurance. For more details refer to provision F.6. under SECTION V. DEFINITIONS The following persons or organizations no longer expressly qualify as insureds although coverage may be afforded if these entities qualify as insureds under your scheduled underlying insurance subject to certain conditions and limitations e Stockholder if you are an organization other than a partnership joint venture or limited liability company Trustees if you are a trust. Any person or organization having proper temporary custody of your property if you die Your legal representative if you die. e Your volunteer workers. For more details refer to provision F. under SECTION V. DEFINITIONS and Amendment Of Definition Of Insured endorsement CU 88 39 07 14 An endorsement is attached to your policy which affords coverage for persons or organizations who qualify as insureds in your scheduled underlying insurance and do not otherwise qualify as an insured under the Umbrella policy but not beyond the extent of any limitation imposed under any contract or agreement. Additionally e The coverage provided will not be broader than the coverage afforded by the applicable sched uled underlying insurance and e If coverage provided to the person or organization is required by a contract or agreement the limits of insurance afforded to that person or organization will be the lesser of e The difference between the applicable underlying insurance limits and the minimum limits of insurance which you agreed to provide in a contract or agreement or e The limits of insurance of this policy. However if the minimum limits of insurance you agreed to provide such person or organiza tion in a contract or agreement are wholly within the scheduled underlying insurance this policy shall not apply. For more details refer to the Amendment 0f Definition 0f Insured endorsement CU 88 39 07 14 If your renewal policy coniains the Commercial Umbrella Coverage Form CU 60 02 06 97 and your expiring policy contained the Commercial Umbrella Liability Policy 14 57 0693 then the following key broadenings clarifications and reductions apply to your policy. BROADENING OF COVERAGE Defense And Expense Of Claims and Suits The Defense provisions have been revised so that the payment of the insured s actual and reason. able expenses incurred at our request when we assume defense of a claim or suit is no longer subject to loss of earnings cap. Formerly actual loss of earnings because of time off from work was capped at 250 per day. For more details refer to paragraph 3.f. under SECTION Il. DEFENSE Limits of Insurance The General Aggregate Limit is revised as follows e The General Aggregate Limit does not apply to coverages included in the scheduled underlying insurance to which no underlying aggregate limit applies. Formerly it did not apply to dam ages because of bodily injury or property damage arising out of the ownership or use of an auto. e Applies separately and in the same manner as the aggregate limits in the underlying insurance. For more details refer to paragraph B. under SECTION H. LIMITS OF INSURANCE 2016 Liberty Mutual Insurance includes copyrighted material of Insurance Services Office inc. with its permission. Page 7 of 25 NP 91780116 | 1 |
Self Insured Retention The Self Insured Retention applies to each occurrence not covered by underlying insurance but itis not reapplied during the policy period once it is exhausted by actual payments of claims in full by the insured. For more details refer to paragraph 8. under SECTION II. LIMITS OF INSURANCE Definition of Insured A company of which you own more than 50 as of the effective date of this policy qualifies as an Named Insured. For more details refer to definition F. under SECTION V. DEFINITIONS CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined Terms Defined terms now appear in quotation marks. The meaning for terms in quotation marks are generally found in SECTION V DEFINITIONS of your Commercial Umbrelia Coverage Form but also may be found in the specific policy provision where they appear. Formerly defined terms appeared in both initial capital letters and Bold Type. Insuring Agreement The following insuring agreement is now included in your Commercial Umbrella Coverage Form In consideration of the payment of premium and reliance upon the statements in the Declara tions we agree with you to provide coverage as follows. Formerly a similar statement was incorporated into your Declarations. Personal and Advertising injury An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form so that the personal and advertising injury coverage terms are aligned with that of your underlying insurance e The combined defined term personal and advertising injury replaces the former separately defined terms Personal Injury and Advertising Injury and includes the following key changes e Consequential bodily injury is introduced as a defined term and the definition of per sonal and advertising injury now includes consequential bodily injury. e The use of another s advertising idea in your advertisement replaces misappropriation of advertising ideas or style of doing business. e Infringing upon another s copyright trade dress or slogan in your advertisement re places infringement of copyright title or slogan. e All forms of publications are included with respect to slander libel and violation of privacy rights. This change with respect to slander libel and violation of privacy right offenses will encompass all types of publications including those that are electronic in nature. e The definition of bodily injury is revised so that it does not include bodily injury arising out of personal and advertising injury. e A definition of advertisement is added to clarify coverage intent. 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. The definition specifically references notices placed on the Internet and on other forms of electronic communication. The definition also applies to advertising material only when other material as well as advertising is placed on a web site e The Exclusions section is revised and reformatted as follows o Anexclusion for personal and advertising injury arising out of a criminal act committed by or at the direction of the insured replaces the exclusion for a willful viclation of a penal statute or ordinance committed by or with the consent of the insured. e An exclusion is added to reinforce that there is no coverage for personal or advertising injury caused by the insured with the knowledge that the act would violate another s rights and inflict personal or advertising injury. e Anexclusion is added which specifically references the intellectual property rights of copy right patent trademark trade secret. An exception to this exclusion preserves coverage for copyright trade dress or slogan infringement in the Named Insured s advertisement By virtue of the definition of personal and advertising injury there is no coverage for trademark and patent infringement. The introduction of the Internet and the increase in this type of exposure has made it useful to explicitly state this in the coverage form 2016 Liberty Mutual Insurance NP 91780116 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 8 of 25 Page 8 of 25 NP 9178 01 16 | 1 |
e An exclusion is added pertaining to use of the Internet to divert another s customers away from a web site. The emergence of these tactics with their clearly intentional nature has created the need to expressly exclude such diversionary contacts. e A separate Advertising Injury exclusion no longer applies because it is now encompassed by the new personal and advertising injury exclusion. Wherever the defined term personal injury or advertising injury appears elsewhere in the policy including endorsements that are made a part of the policy such terms are deleted and replaced by the combined defined term personal and advertising injury For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Employment Related Practices An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form so that the employment related practices liability exclusionary language is more closely aligned with the exclusion in your expiring Commercial Umbrella Liability Coverage Form. However the exclusion is additionaily revised to e Reflect that it is intended to apply to any injury caused by the malicious prosecution of a person and e Reinforce intent that it applies to an injury causing event e.g. defamation associated with employment whether it occurs before employment during employment or after employment of that person. For more details refer to Employment Related Practices Exclusion endorsement CU 88 03 12 07 Racing Speed Demolition Or Stunting Activity Exclusion Your Commercial Umbrella Coverage no longer expressly excludes injury or damage arising out of any prearranged racing speed demolition contest or stunting activity involving your mobile equipment. However the scope of your Umbrella coverage will follow the racing speed demolition or stunting activity exclusion in your underlying insurance because a mobile equipment following form endorsement is attached to your policy. For more details refer to Mobile Equipment Following Form endorsement CU 64 92 01 13 Conditions Bankruptcy of insureds and underlying insurers are now combined under one condition Bank ruptey Or Insolvency. Formerly there were two separate conditions Bankruptcy Or Insolvency Of The Insured and Insolvency Of Underlying Insurer. For more details refer to condition. under SECTION VI. CONDITIONS Claim Claim is added as a defined term to expressly state that it means any demand for monetary damages upon an insured resulting from a covered occurrence. For more details refer to paragraph D. under SECTION V. DEFINITIONS Definition of Insured The explanation of persons or organizations who qualify as insureds can now be found in the Definitions section. Formerly this information was provided under a separate Who Is An insured section. For more details refer to paragraph F. under SECTION V. DEFINITIONS Employee A provision is added to reinforce that an employee includes leased workers but not temporary workers. For more detaifs refer to paragraph F.6. under SECTION V. DEFINITIONS Leased Worker A provision is added to reinforce that leased workers are persons leased to you by a labor leasing firm under an agreement between you and that firm to perform duties related to the conduct of your business. However leased workers are not temporary workers. For more details refer to paragraph F.6. under SECTION V. DEFINITIONS 2016 Liberty Mutual Insurance Includes copyrighted material of Insutance Services Office inc. with its permission. Page 9 of 25 NP 91780116 | 1 |
Temporary Worker A provision is added to reinforce that temporary workers are persons furnished to you to substitute for permanent employees on leave or to meet seasonal or short term workload conditions For more details refer to paragraph F.6. under SECTION V. DEFINITIONS Definition of Property Damage An endorsement is attached to your policy that revises the definition of property damage to re inforce that electronic data is not tangible property. Electronic data includes but is not limited to 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. For more details refer to the Amendment Electronic Data CU 64 82 07 14 COVERAGE REDUCTIONS Known Injury or Damage An endorsement is attached to your policy that modifies your Commercial Umbreila Coverage Form to address the issue of known injury or damage. Provisions are added to expressly state that insurance does not respond to bodily injury or property damage that is known by the insured prior to the policy period. The endorsement designates which insureds are those whose prior knowledge of the injury or damage will result in the policy not responding. The endorsement further addresses the applicability of the Commercial Umbrella Liability Coverage in situations involving continu ation change or resumption of the same bodily injury or property damage during or after the policy period. These revisions represent neither a broadening nor a restriction in coverage form the original intent. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 Defense And Expense Of Claims and Suits With respect to claims or suits of which we assume the charge of investigation settlement or defense we will not pay the cost of bail bonds required because of an occurrence we cover. For more details refer to SECTION IHi. DEFENSE Personal and Advertising Injury The Exclusions that pertain to personal and advertising injury are revised as follows e The former exclusion pertaining to an Insured who is in the business of advertising broadcast ing or telecasting is revised to include web site designers and Internet access and service providers. An exception to this exclusion states that placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself consid ered the business of advertising broadcasting publishing or telecasting. It is logical to extend the media type exclusion to include a new type of medium whose professional exposures are similar to previously listed media types. These types of insureds present a unique personal and advertising injury risk which is better served by specialty coverage e Anexclusion is added for those who host internet chatrooms or bulletin boards. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Persanal And Advertising Injury Following Form endorsement CU 88 31 05 09 The combined defined term personal and advertising injury which replaces the former separately defined terms Personal Injury and Advertising Injury no longer includes discrimination as a cov ered offense. For more details refer to either the Amendatory Endorsement CU 88 30 07 14 or the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 In some instances an exclusion may be added to preclude coverage for personal and advertising injury except to the extent that insurance is provided for such injury by scheduled underlying insurance and for no broader coverage than is provided by such insurance. This may result in a reduction in coverage unless a personal injury and advertising injury follow form endorsement was attached to your expiring policy. For more details refer to the Personal And Advertising Injury Following Form endorsement CU 88 31 05 09 if applicable 2016 Liberty Mutual Insurance inctudes copyrighted material of Insurance Services Office Inc. with its permission Page 10 of 25 NP 9178 0116 | 1 |
Foreign Liability The former defined term coverage territory no longer applies. An endorsement is now attached to your policy that excludes injury or damage which occurs outside the United States of America its territories and possessions Puerto Rico or Canada except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insur ance. For more details refer to Foreign Liability Following Form endorsement CU 63 44 06 97 Contractual Liability An endorsement is attached to your policy that modifies your Commercial Umbrella Coverage Form so that liability assumed by any insured under any insured contract is excluded except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly a contractual liability exclusion was inciuded in your Commercial Umbrella Liability Coverage Form that did not apply to liability for damages e Theinsured would have in the absence of the contract or agreement or e Assumed in a contract or agreement that is an insured contract. These exceptions applied without regard to the extent of scheduled underlying insurance unless a contractual liability follow form endorsement was attached to your expiring policy. For more details refer to Contractual Liability Following Form endorsement CU 61 13 06 97 or Contractors Limitation Endorsement CU 61 50 07 14 or Municipalities Endorsement CU 61 55 07 14 Pollution The pollution exclusion is revised so that there is no coverage for any liability costs charges or expenses arising directly or indirectly out of or in any way related to the actual alleged or threat ened presence discharge dispersal seepage migration release or escape of pollutants however caused and whether or not the pollution was sudden accidental gradual intended expected unexpected preventable or not preventable. Note that a less restrictive amendment of pollution exclusion might be endorsed to your renewal policy. For more details refer to exclusion L. under SECTION Iv. EXCLUSIONS and an amendment of pollution exclusion endorsement if any attached to your policy. If you are a Louisiana policyholder refer to paragraph 8. in the Louisiana Amendatory Erdorsement CU 608203 12 Mobile Equipment Following Form An endorsement is attached to your policy that adds an exclusion for any liability arising out of the ownership maintenance operation use loading or unioading of any mobile equipment except to the extent that insurance is provided by scheduled underlying insurance and for no broader cov erage than is provided by such insurance. For more details refer to Mobile Equipment Fallowing Form endorsement CU 64 92 01 13 Damage To Property An endorsement is attached to your policy that modifies the Commercial Umbrella Coverage Form to expand the property damage to property exclusion so that there is no insurance for any property damage to real or personal property in the care custody or control of any insured or loaned to any insured or used rented or occupied by any insured or for which any insured is exercising physical control for any purpose. Formerly the exclusion for property damage to property rented or ieased to occupied by or in the care custody or control of the insured applied to the extent the insured was contractually obligated to provide insurance for it. Note that a potentially less restrictive property damage to property following form provision might be endorsed to your renewai policy if you are a contractor or a municipality. For more details refer to the Care Custody Or Control Real or Personal Property endorsement CU 60 30 06 97 unless you are a contractor or municipality or Auto Dealers And Auto Services Limitation endorsement CU 61 05 07 14 if you are an auto service or repair operation or auto dealer Watercraft Liability Insurance no longer applies to liability for owned watercraft or nonowned watercraft chartered without a crew that is 26 feet or less in length unless there is scheduled underlying insurance and for no broader coverage than is provided by that underlying insurance. Note that a more restrictive exclusion might be attached to your renewal policy. For more details refer to provision.2. under SECTION Iv. EXCLUSIONS and an endorsement if any attached to your policy that amends the exclusion 2016 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc. with its permission Page 11 of 25 NP 91780116 | 1 |
Employers Liability Bodily injury to an employee of any insured including consequential injury dual capacity suits and third party over actions is now excluded except to the extent coverage for such injury is provided by scheduled underlying insurance and for no broader coverage than is provided by that underlying insurance. This is a reduction in coverage unless an Employers Liability Follow Form endorsement was attached to your expiring policy. Note that 8 more restrictive endorsement might be attached to your renewal policy. For more details refer to provision Q.4. under SECTION IV. EXCLUSIONS or employers liability exclusion endorsement if any attached to your policy Exhausted Underlying Aggregate Limits In the event that your policy applies because applicable underlying aggregate limits have been exhausted coverage will be subject to the Umbrella policy terms but will not be broader than the applicable scheduled underlying insurance. For more detfails refer to paragraph E. under SECTION Il. LIMITS OF INSURANCE Definition of Insured Coverage for newly acquired or formed organizations applies only to the extent that there is sched uled underlying insurance and for no broader coverage. For more details refer to provision F.1.b. under SECTION V. DEFINITIONS Coverage for an individual who is listed as a Named Insured in the Declarations is provided only with respect to businesses of which you are the sole owner as the effective date of this policy. For more details refer to provision F.2. under SECTION V. DEFINITIONS Your employees partners executive officers or directors qualify as insureds while acting within the scope of their duties. However coverage does not apply to the ownership maintenance use loading or unloading of any autos aircraft or watercraft unless such coverage is included in the scheduled underlying insurance and for no broader coverage than is provided under such underlying insurance. For more details refer to provision F.6. under SECTION V. DEFINITIONS The following persons or organizations no longer expressly qualify as insureds although coverage may be afforded if these entities qualify as insureds under your scheduled underlying insurance subject to certain conditions and limitations e Stockholder if you are an organization other than a partnership joint venture or limited liability company e Any person or organization having proper temporary custody of your property if you die e Yourlegal representative if you die. For more details refer to provision F. under SECTION V. DEFINITIONS and Amendment Of Definition 0f Insured endorsement CU 88 39 07 14 An endorsement is attached to your policy that affords coverage for persons or organizations who qualify as insureds in your scheduled underlying insurance and do not otherwise qualify as an insured under the Umbrella policy but not beyond the extent of any limitation imposed under any contract or agreement. Additionally e The coverage provided will not be broader than the coverage afforded by the applicable sched uled underlying insurance and e If coverage provided to the person or organization is required by a contract or agreement the limits of insurance afforded to that person or organization will be the lesser of e The difference between the applicable underlying insurance limits and the minimum limits of insurance which you agreed to provide in a contract or agreement or e The limits of insurance of this policy. However if the minimum limits of insurance you agreed to provide such person or organiza tion in a contract or agreement are wholly within the scheduled underlying insurance this policy shall not apply For more details refer to the Amendment Of Definition Of Insured endorsement CU 88 39 07 14 2016 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc. with its permission. Page 12 of 25 NP 9178 0116 | 1 |
Underlying Insurance The definition of underlying insurance is revised to mean the insurance coverage provided under policies shown in the Schedule of Underlying Insurance or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide at least the same policy limits and insurance for the same hazards. Formerly the definition of underlying insurance included any other insurance available to the insured except insurance specifically purchased to apply in excess of this policy s limits. For more details refer to definition 0. under SECTION V. DEFINITIONS MISCELLANEOUS ENDORSEMENT CHANGES o Ifyour renewal policy contains endorsement CU 60 28 06 97 Abuse Or Molestation Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of the actual threatened or alleged abuse molestation harassment or sexual conduct by anyone of any person. This exclusion also encom passes certain related negligence actions. e Ifyour renewal policy contains endorsement CU 60 28 06 97 Abuse Or Molestation Exclusion and your prior policy contained endorsement 14 157 0204 Sexual Misconduct And Molestation Liability Exclusion then the following changes apply to your policy COVERAGE REDUCTION The exclusion is revised so that it applies to any liability arising out of the actual threatened or alleged abuse molestation harassment or sexual conduct by anyone of any person. Formerly the exclusion applied only to sexual misconduct or molestation. e If your renewal policy contains endorsement CU 60 30 06 97 Care Custedy Or Control Exclusion and your prior policy contained 14 98 0293 Real Or Personal Property Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The exclusion is revised so that it applies to real or personal property in the care custody or control of any insured or ioaned to any insured or used rented or occupied by any insured or for which any insured is exercising physical control. Formerly the exclusion applied to reai or personal property rented or leased to occupied by or otherwise in the care custody or control of the insured. o If your renewal policy contains endorsement CU 60560703 Hiinois Subsidence Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of caused by resulting from contributed to or aggravated by subsidence settling sinking slipping falling way caving in shifting eroding mud flow rising tilting or any other movement of land or earth whether such movement of land or earth occurs alone in combination with before after or concurrently with any other cause contri buting condition or aggravating factor. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office. inc. with its permission Page 13 of 25 NP 917801 16 | 1 |
If your renewal policy contains endorsement CU 60 56 07 03 Hlinois Subsidence Exclusion and your prior policy contained 14 193 0204 Exclusion Earth Movement then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title is changed to read lllinois Subsidence Exclusion It your renewal policy contains endorsement CU 60 82 03 12 Louisiana Amendatory Endorsement and your prior policy contained 14 168 1299 Amendment Of Pollution Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The pollution exclusion is revised so that it does not apply to the extent insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly certain exceptions to the exclusion applied regardless of the extent of underlying insur ance. If your renewal policy contains endorsement CU 61 081 01 13 Aircraft Liability Exclusion and your prior policy did nat contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability for or arising out of the ownership maintenance operation use entrustment to others loading or unloading of any aircraft regardless of the extent of sched uled underlying insurance. If your renewal policy contains endorsement CU 61 01 01 13 Aircraft Liability Exclusion and your prior policy contained endorsement 14 63 0204 Aircraft Liability Exclusion then the following changes apply to your policy COVERAGE REDUCTION The exclusion is revised so that it applies to any liability for or arising out of the ownership maintenance operation use entrustment to others loading or unioading of any aircraft and there is no longer an exception for liability assumed under an insured contract If your renewal policy contains endorsement CU 61 02 06 97 Aircraft Products And Grounding Liability Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of aircraft products or reliance upon any repre sentation or warranty made with respect to such products or any liability arising out of the ground ing of any aircraft including missiles and spacecraft. If your renewal policy contains endorsement CU 61 02 06 97 Aircraft Products And Grounding Liability Exclusion and your prior policy contained endorsement 14 64 0204 Exclusion Aircraft Products then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to include aircraft products and grounding as defined terms COVERAGE REDUCTION The exclusion is revised to also preclude coverage for any liability arising out of the grounding of any aircraft including missiles and spacecraft. 2016 Liberty Mutual Insurance includes copytighted material of Insurance Services Office Inc. with its permission. Page 14 of 25 NP 917801 16 | 1 |
e If your renewal policy contains endorsement U 61 06 01 13 Aut Liability Following Form and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of the ownership maintenance operation use loading or unloading of any auto except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. e If your renewal policy contains endorsement CU 61 06 81 13 Auto Liability Following Form and your prior policy contained one of the following endorsements e 14 67 0204 Designated Automobile Liability Exclusion o 14 67NY 0204 New York Changes Designated Automobile Liability Exclusion then the following changes apply to your policy BROADENING OF COVERAGE The endorsement is revised so that there is coverage for the ownership maintenance operation use loading or unloading of any auto for which insurance is provided by scheduled underlying insurance albeit for no broader coverage than is provided by such insurance. Formerly one or more designated categories of auto liability may have been excluded. COVERAGE REDUCTION The endorsement is revised so that there is no coverage for the ownership maintenance opera tion use loading or unloading of any auto unless insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly one or more undesignated categories of auto liability may have been covered without regard to ihe extent of underlying insurance. e I your renewal policy contains endorsement CU 61 06 01 13 Auto Liability Following Form and your prior policy contained 14 67LA 0902 Designated Automobile Liability Exclusion then the following changes apply to your policy BROADENING OF COVERAGE The endorsement is revised so that there is coverage for the ownership maintenance operation use loading or unloading of any auto for which insurance is provided by scheduled underlying insurance albeit for no broader coverage than is provided by such insurance. Formerly one or more designated categories of auto liability may have been excluded. CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The endorsement is revised so that there is no coverage for the ownership maintenance opera tion use loading or unloading of any auto unless insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly one or more undesignated categories of auto liability may have been covered without regard to the extent of underlying insurance. e I your renewal policy contains endorsement CU 61 07 06 13 Automobile Liability Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your poficy COVERAGE REDUCTION An auto exclusion is added for any liability arising out of the ownership maintenance operation use loading or unloading of any auto. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc.. with its permission NP 91780116 Page 15 of 25 | 1 |
o If your renewal policy contains endorsement CU 61 07 06 13 Automabile Liability Exclusion and your prior policy contained one of the following endorsements o 14 102 0307 Automobile Liability Exclusion o 14 102VA 0710 Automobile Liability Exclusion Virginia then the following changes apply to your policy COVERAGE REDUCTION The auto exclusion is revised so that there are no longer exceptions for e Parking a non owned auto on or on the ways next to the premises you own or rent or e Operation of certain permanently attached machinery or equipment on self propelled vehicles. e Ifyour renewal policy contains endorsement CU 61 07 06 13 Automobile Liability Exclusion and your prior policy contained 14 102 0293 Automabile Liability Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps COVERAGE REDUCTION The auto exclusion is revised so that there is no longer an exception for parking a non owned auto on or on the ways next to the premises you own or rent. o Ifyour renewal policy contains endorsement U 61 07 06 13 Automobile Liability Exclusion and your prior policy contained one of the following endorsements o 14 67 0204 Designated Automobile Liability Exclusion e 14 67NY 0204 New York Changes Designated Automobile Liability Exclusion then the following changes apply to your policy COVERAGE REDUCTION The auto exclusion is revised so that there is no insurance for any liability arising out of the ownership maintenance operation use loading or unloading of any auto. Formerly one or more undesignated categories of auto liability may have been covered o Ifyour renewal policy contains endorsement CU 61 07 06 13 Automobile Liability Exclusion and your prior policy contained 14 67LA 0902 Designated Automobile Liability Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The auto exclusion is revised so that there is no insurance for any liability arising out of the ownership maintenance operation use loading or unloading of any auto. Formerly one or more undesignated categories of auto liability may have been covered. o If your renewal policy contains endorsement CU 61 14 06 97 Employers Liability Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added so that there is no coverage for bodily injury to an employee of an insured arising out of and in the course of employment by any insured or performing duties related to the conduct of any insured s business. This exclusion applies to consequential injury dual capacity suits and third party over actions. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 16 of 25 NP 91780116 | 1 |
If your renewal policy contains endorsement CU 61 14 06 97 Employers Liability Exclusion and your prior policy. contained 14 81 0204 Empioyers Liability Exclusion then the following change applies to your policy COVERAGE REDUCTION The employers liability exclusion no longer has an exception for liability assumed under an insured contract e If your renewal policy contains endorsement U 61 14 06 97 Employers Liability Exclusion and your prior policy contained 14 81 0293 Employers Stop Gap Liability Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps The exclusion is revised to reinforce that it includes bodily injury to an employee of an insured arising out of performing duties related to the conduct of any insured s business. The title no longer references Stop Gap Liability. COVERAGE REDUCTION The employers liability exclusion no longer has an exception for liability assumed under an insured contract. e If your renewal policy contains endorsement CU 60 20 12 04 Amendment Of Pollution Exclusion Exception For Named Peril Of Hostile Fire Building Heating Cooling And Dehumidifying Equipment and your prior policy con tained endorsement 14 239 0204 Total Pollution Exclusion With A Building Heating Equipment Exception And A Hostile Fire Exception then the following changes apply to your policy BROADENING OF COVERAGE The endorsement is revised to include an exception to the pollution exclusion for bodily injury if sustained within a building and caused by smoke fumes vapor or soot originating from equip ment that is used to cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title of the endorsement is revised to read Amendment Of Pollution Exclusion Exception For Named Peril Of Hostile Fire Building Heating Cooling And Dehumidifying Equipment COVERAGE REDUCTION The endorsement is revised so that the exceptions to the pollution exclusion pertaining to hostile fire and building heating equipment apply only to the extent of scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly these exceptions applied regardiess of the extent of underiying insurance e If your renewal policy contains endorsement U 61 27 06 97 Non Business Activities Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of any domestic or non business activities of any insured. o If your renewal policy contains endorsement U 61 27 06 97 Non Business Activities Exclusion and your prior policy contained 14 85 0204 Individual Named Insured Limitation then the foliowing changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised so that an exclusion is added for any liability arising out of any domestic or non business activities of any insured. Formerly the endorsement amended the Who Is An Insured section to reinforce what is meant by business The title of the endorsement is amended to read Non Business Activities Exclusion. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 17 of 25 NP 91780116 | 1 |
o If your renewal policy contains endorsement CU 61 34 06 97 Products Completed Operations Following Form and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability arising out of the products completed operations hazard except to the extent that such insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. o If your renewal policy contains endorsement CU 61 34 06 97 Products Completed Operations Following Form and your prior policy contained endorsement 14 76 0204 Exclusion Designated Products then the following changes apply to your policy COVERAGE REDUCTION The exclusion is revised so that there is no coverage for any liability arising out of the products completed operations hazard except to the extent that such insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly your products other than those designated to be excluded in your expiring policy were covered within the terms and conditions of the Umbrella policy regardiess of the extent of scheduled underlying insurance. e If your renewal policy contains endorsement CU 61 34 06 97 Products Completed Operations Following Form and your prior policy contained endorsement 14 77 0204 Exclusion Designated Work then the following changes apply to your policy COVERAGE REDUCTION The exclusion is revised so that there is no coverage for any liability arising out of the products completed operations hazard except to the extent that such insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly bodily injury or property damage arising out of your work included within the products completed operations hazard but not designated to be excluded in your expiring policy was covered within the terms and conditions of the Umbrella policy regardless of the extent of scheduled underlying insurance. o Ifyour renewal policy contains endorsement CU 61 42 12 08 Earth Movement Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for bodily injury property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part earth movement. This exclusion applies regardless of the cause of the earth movement or any other cause or event contributing concurrently or in any sequence or manner to such injury or damage. o Ifyour renewal policy contains endorsement CU 61 50 07 14 Contractors Limitation and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION Exclusions are added for the following e Liability assumed under an insured contract. e Property damage arising out of explosion collapse or underground hazards e Property damage to property leased or rented to occupied or used by or in the care custody or control of any insured or as to which any insured is exercising physical control. However these exclusions do not apply to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance Exclusions are also added for the following e Liability arising out of any project insured under a wrap up or any similar rating plan. e The rendering of or failure to render any professional services. These exclusions apply without regard to the extent of underlying insurance. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 25 NP 91780116 | 1 |
e If your renewal policy contains endorsement U 61 50 07 14 Contracters Limitation and your prior policy contained 14 70 0207 Contractors Endorsement then the following changes apply to your policy BROADENING OF COVERAGE The exclusions for property damage to your product to your work included in the products com pleted operations hazard and to property of others in your care custody or control are revised so that they do not apply to the extent that insurance is provided for such property damage by scheduled underlying insurance and for no broader coverage than is provided by such insurance. COVERAGE REDUCTION The following exclusions are revised so that insurance does not apply to any liability arising out of e Any project insured under a wrap up or any similar rating plan. Formerly the wrap up exclu sion applied only to bodily injury and property damage. e The rendering of or failure to render any professional services regardless of the extent of underlying insurance. The exclusion with respect to explosion collapse or underground property damage hazards is revised so that it no longer contains exceptions for e Operations performed for you by others or o Property damage included within the products completed operations hazard. However coverage will apply to such damage to the extent insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. The contractual liability exclusion is revised so that there is no exception for liability for damages that the insured would have in the absence of the contract or agreement. However coverage will apply to such damages to the extent insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. e If your renewal policy contains endorsement CU 61 50 07 14 Contractors Limitation and your prior policy contained endorsement 14 227 0204 Exclusion Designated Operations Covered By A Consolidated Wrap Up Insurance Program then the following changes apply to your policy COVERAGE REDUCTION Exclusions have been added for the following e Liability assumed under an insured contract e Property damage arising out of explosion collapse or underground hazards. e Property damage to your work or your product. e Property damage to property leased or rented to occupied or used by or in the care custody or control of any insured or as to which any insured is exercising physical control. However these exclusions do not apply to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance An exclusion is also added for the rendering of or failure to render any professional services. This exclusion applies without regard to the extent of underlying insurance. e If your renewal policy contains endorsement CU 62 18 06 97 Amendment Of Pollution Exclusion Exception For Named Peril Of Hostile Fire and your prior policy contained 14 169 0204 Total Pollution Exclusion With A Hostile Fire Exception then the following changes apply to vour policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title is changed to read Amendment Of Pollution Exclusion Exception For Named Peril Of Hostile Fire. COVERAGE REDUCTION The exception to the exclusion for heat smoke or fumes from a hostile fire is revised so that it applies only to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly this exception to the exclusion applied regardless of the extent of scheduled underlying insurance. 2016 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc. with its permission. NP 9178 01 16 Page 19 of 25 | 1 |
e If your renewal policy contains endorsement CU 62 18 06 97 Amendment Of Pollution Exclusion Exception For Named Peril 0f Hostile Fire and your prior policy contained 14 103IL 0693 Total Pollution Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title is changed to read Amendment Of Poliution Exclusion Exception For Named Peril Of Hostile Fire. Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The scope of exception to the poliution exclusion for heat smoke or fumes from a hostile fire is revised so that it applies at any Insured s premises or job location. This exception also applies only to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly the exception to the exclusion for heat smoke or fumes from a hostile fire applied regardless of the extent of scheduled underlying insur ance. o If your renewal policy contains endorsement CU 63 44 06 97 Foreign Liability Following Form and your prior policy contained 14 72 0204 Coverage Territory Limitation Domestic Suits then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title of the endorsement is changed to read Foreign Liability Following Form COVERAGE REDUCTION The endorsement is revised so that insurance does not apply to any injury or damage that occurs outside of the United States of America its territories and possessions Puerto Rico or Canada except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly the coverage territory was any where in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America as long as the suit was brought domestically. o If your renewal policy contains endorsement U 63 44 06 97 Foreign Liability Following Form and your prior policy contained one of the following endorsements e 14 721202 Coverage Territary Limitation Domestic Suits e 14 72 0293 Coverage Territory Limitation Domestic Suits then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title of the endorsement is changed to read Foreign Liability Following Form Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps COVERAGE REDUCTION The endorsement is revised so that insurance does not apply to any injury or damage that occurs outside of the United States of America its territories and possessions Puerto Rico or Canada except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly the coverage territory was any where in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America as long as the suit was brought domestically. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 25 NP 9178 0116 | 1 |
e Ifyour renewal policy contains one of the following endorsements e CU63 80 12 04 Fungi Or Bacteria Exclusion e LU 645402 10 Kansas Fungi Mold Or Spore Exclusion e LU 8904 12 04 New Hampshire Changes Fungi Or Bacteria Exclusion o CUG6444 12 04 Louisiana Fungi Or Bacteria Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for e Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of inges tion of contact with exposure to existence of or presence of any fungi on or within a building or structure including its contents. e Any loss cost or expense 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 by any insured or by any other person or entity. However the exclusion does not apply to any fungi or bacteria that are are on or are con tained in a good or product intended for bodily consumption but only to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. e Ifyour renewal policy contains one of the following endorsements o CUG63 80 12 04 Fungi Or Bacteria Exclusion e LU 645402 10 Kansas Fungi Mold Or Spore Exclusion e LU 8904 12 04 New Hampshire Changes Fungi Or Bacteria Exclusion e CUG6444 12 04 Louisiana Fungi Or Bacteria Exclusion and your prior policy contained endorsement 14 186 0204 Fungi Or Bacteria Exclusion then the following changes apply to your policy COVERAGE REDUCTION The endorsement is revised so that the exception to the exclusion for fungi or bacteria that are are on or are contained in a good or product intended for consumption applies only to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly this exception to the exclusion applied without regard to the extent of scheduled underlying insurance. e Ifyour renewal policy contains one of the following endorsements e CUG3 8012 04 Fungi Or Bacteria Exclusion e LU 645402 10 Kansas Fungi Mold Or Spore Exclusion o LU 8904 12 04 New Hampshire Changes Fungi Or Bacteria Exclusion e CUG64 44 12 04 Lovisiana Fungi Or Bacteria Exclusion and your prior policy contained endorsement 14 186 0402 Fungi Or Bacteria Exclusion or 14 186LA 0405 Louisiana Changes Fungi Or Bacteria Exclusion then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES Defined terms are now identified by quotation marks. Formerly defined terms were in bold type with initial caps. COVERAGE REDUCTION The endorsement is revised so that the exception to the exclusion for fungi or bacteria that are are on or are contained in a good or product intended for consumption applies only to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. Formerly this exception to the exclusion applied without regard to the extent of scheduled underlying insurance. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 25 NP 91780116 | 1 |
e If your renewal policy contains endorsement U 64 79 05 09 Exclusion Recording And Distribution Of Material Or Information In Violation Of The Law and your prior policy contained one of the following endorsements e 14 257 0305 Exclusion Exclusion Violation Of Statutes That Govern E Mails Fax Phone Calls Or Other Methods Of Sending Material Or Information o 14 257LA 0305 Exclusion Exclusion Violation Of Statutes That Govern E Mails Fax Phone Calls Or Other Methods Of Sending Material Or Information then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised so that it contains language that elaborates on the intent of the Exclu sion Violation Of Statutes That Govern E Mails Fax Phone Calls Or Other Methods Of Sending Material Or Information endorsement to reflect that in addition to the TCPA and CAN SPAM Act of 2003 the exclusion will more explicitly exclude liability coverage for bodily injury property dam age personal or advertising injury arising out of any action or omission that violates or is alleged to violate the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA and any other similar federal state or local statute ordinance or regulation concerning disposal and dissemination of personal in formation. The endorsement is newly titled Recording And Distribution Of Material Or Information In Viola tion Of Law Exclusion. o If your renewal policy contains endorsement CU 64 80 11 04 Silicate Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any e Liability arising out of in whole or in part actual alleged or threatened inhalation of ingestion of contact with exposure to existence of use of or presence of any silicate regardless of whether any other cause event material substance or product contributed to such liability e Loss arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of any silicate. The exclusion applies regardless of whether the inhalation of ingestion of contact with exposure to existence of use of or presence of the silicate was sudden accidental gradual intended expected unexpected preventable not preventable manmade or naturally occurring. Silicate includes but is not limited to o Silicain any form from any source e Any compound substance product mineral dust or material containing silica in any form from any source e Any salt produced by the action of silicic acid in any form from any source. To the extent that current policy exclusions do not apply attachment of this endorsement may result in a reduction in coverage. o If your renewal policy contains endorsement CU 64 80 11 04 Silicate Exclusion and your prior policy contained endorsement 14 249 0204 Exclusion Silica then the following changes apply to your policy. CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title of the endorsement is changed to read Silicate Exclusion. The exclusion is revised to expressly state that the exclusion applies regardiess of whether the inhalation of ingestion of contact with exposure to existence of use of or presence of the silicate was sudden accidental gradual intended expected unexpected preventable not preventable manmade or naturally occurring. A definition of silicate is added that includes but is not limited to o Silica in any form from any source e Any compound substance product mineral dust or material containing silica in any form from any source e Any salt produced by the action of silicic acid in any form from any source 2016 Liberty Mutual Insurance NP 91780116 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 22 of 25 Page 22 of 25 | 1 |
COVERAGE REDUCTION The exclusion applies to any liability arising out of the inhalation of ingestion of contact with exposure to existence of use of or presence of any silicate regardless of the nature of the resulting injury or damage. e If your renewal policy contains endorsement CU 88 80 03 05 Silica And Silica Related Dust Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for liability arising from silica or silica related dust including e Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation or ingestion of silica or silica related dust. e Property damage or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation ingestion absorption of coniact with ex posure to existence of or presence of silica or silica related dust. e Any loss 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 silica or silica related dust. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica par ticles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. To the extent that current policy exclusions do not apply attachment of this endorsement may result in a reduction in coverage. e If your renewal policy contains endorsement CU 88 80 03 05 Silica And Silica Related Dust Exclusion and your prior policy contained endorsement 14 249 0204 Exclusion Silica then the following changes apply to your policy CLARIFYING EDITORIAL AND PROCEDURAL CHANGES The title of the endorsement is changed to read Silica And Silica Related Dust Exclusion. Definitions of silica and silica related dust are added. o Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. e Silica related dust means a mixture or combination of silica and other dust or particles e If your renewal policy contains endorsement CU 89 45 10 14 Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for any liability damages loss injury demand claim or suit other than damages because of bodily injury arising out of any access to or disclosure of any person s or organization s confidential or personal information and data related liability. o If your renewal policy contains endorsement CU 88 95 12 08 New Hampshire Changes Earth Movement Exclusion and your prior policy did not contain a similar endorsement then the following changes apply to your policy COVERAGE REDUCTION An exclusion is added for bodily injury property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part earth movement. 2016 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc.. with its permission NP 91780116 Page 23 of 25 | 1 |
e It you are not a Louisiana New Hampshire or Vermont policyholder your renewal policy does not contain an Uninsured Underinsured Motorists Coverage Follow Form endorsement. If such an endorsement was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION Uninsured and underinsured motorists coverage is now excluded regardless of the extent of sched uled underlying insurance. For more details refer to exclusion B. under SECTION IV. EXCLUSIONS in your Coverage Form e Your renewal policy does not contain a Products Completed Operations Hazard Redefined endorsement. If such an endorsement was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION The products completed operations hazard means bodily injury or property damage from an occur rence taking place away from your premises arising out of your product or your work except products that are still in your possession or work that has not yet been completed or abandoned. For products manufactured sold handled or distributed at premises or operations designated in your expiring policy the products completed operations hazard no longer includes 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. Losses from such products will be included under the General Aggregate Limit rather than the Products Completed Operations Ag gregate Limit. Because under certain circumstances this could result in a reduction of coverage we are listing it as such out of caution. For more details refer to paragraph L. under SECTION V. DEFINITIONS and paragraphs B. and. under SECTION I1. LIMITS OF INSURANCE in your Coverage Form e Your renewal policy does not contain a Discrimination Coverage Non Employment endorsement. If such an endorsement was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION Discrimination is no longer a covered offense under the definition of personal and advertising injury. For more details refer to paragraph K. under SECTION V. DEFINITIONS as amended by either Amendatory Endorsement CU 88 30 07 14 or Personal and Advertising Injury Following Form endorsement C6 88 3105 09 e Your renewal policy does not contain a designated Waiver 0f Transfer Of Rights Of Recovery Against Others To Us endorsement. If such an endorsement was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION We no longer expressly waive any right of recovery we may have against the person or organiza tion designated in your expiring policy because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. The terms of the Transfer Of Rights Of Recovery Against Others To Us condition now apply. For more details refer to condition M. under SECTION VI. CONDITIONS in your Coverage Form o Your renewal policy does not contain a Virginia Changes Mobile Equipment endorsement. If such an endorse ment was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION Instead an endorsement is attached to your policy that adds an exclusion for any liability arising out of the ownership maintenance operation use loading or unloading of any mobile equipment except to the extent that insurance is provided by scheduled underlying insurance and for no broader coverage than is provided by such insurance. For more details refer to Mabile Equipment Following Form endorsement CU 64 92 01 13 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 24 of 25 NP 9178 0116 | 1 |
e Your renewal policy does not contain an Amendment Of Cancellation Provisions endorsement with respect to notification of third parties. If such an endorsement was included on your expiring policy the following changes apply to your policy COVERAGE REDUCTION We are no longer obligated to notify the third parties who were designated in your expiring policy if we cancel this policy. The terms of the Cancellation condition as may be amended by an applicable state mandated endorsement now apply. For more details refer to condition D. under SECTION VI. CONDITIONS in your Coverage Form and any state changes endorsement that amends this condition 2016 Liberty Mutual insurance Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Page 25 of 25 NP 9178 01 16 | 1 |
NP 99 99 02 16 IMPORTANT NOTICE TO POLICYHOLDERS AMENDMENT OF AIRCRAFT EXCLUSION Dear Valued Policyholder Thank you for selecting us as your carrier for your excess liability insurance. This notice contains a brief summary of the coverage changes made to your policy. The changes outlined below are organized by individual endorsements. Please note that not all of the endorsements noted may apply to your specific policy. In addition this notice does not reference every editorial change made to the endorsement or coverage form only material or significant coverage changes Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below please contact your independent agent. Thank you for your business SUMMARY OF POLICY CHANGES If your renewal policy contains endorsement CU 89 21 07 15 AMENDMENT OF AIRCRAFT EXCLUSION and your prior policy contained endorsement CU 89 21 01 13 AMENDMENT OF AIRCRAFT EXCLUSION then the following changes apply to your policy POTENTIAL RESTRICTION OF COVERAGE Coverage is potentially restricted in that the exclusionary wording is amended to exclude bodily injury and property damage arising out of the ownership maintenance use or entrustment to others of any aircraft if such aircraft is owned or operated by or rented or loaned to any insured. CLARIFYING EDITORIAL AND PROCEDURAL CHANGES This endorsement has been revised to align more closely with the aircraft exclusionary language in your underlying liability insurance. Language was added for those aircraft operated by or rented or loaned to any insured. Editorial changes are made throughout to achieve consistency among forms and improve readability. Page 1 of 1 2015 Liberty Mutual Insurance NP 99 99 02 16 | 2 |
Liberty Mutual. INSURANCE Liberty Mutual. Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company USO 18 57669420 INSURANCE Commercial Umbrella Policy Declarations Basis Occurrence ITEM 1 NAMED INSURED MAILING ADDRESS AGENT MAILING ADDRESS PHONE NO. PREMIERE MARKETING 10561 Barkley St Ste 102 Overland Park KS 66212 913 831 1777 SRA INSURANCE AGENCY LLC 5201 JOHNSON DR STE 500 MISSION KS 66205 2930 nbrella tions Named Insured Is CORPORATION Named Insured Business Is COMMERCIAL ART AND GRAPHIC DESIGN ITEM 2 POLICY PERIOD From 03012017 TO 03012018 1201 AM Standard Time at Insured Mailing Location ITEM 3 PREMIUM CHARGES Explanation of DESCRIPTION Charges Commercial Umbrella Certified Acts of Terrorism Coverage Total Advance Charges e 5400 Note. 404.00 This is not a bill BASIS OF PREMIUM NON AUDITABLE X AUDITABLE IN ENT OF CANCELLATION BY THE NAMED INSURED THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN 10 OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES ITEM 4 LIMITS OF INSURANCE DEScRPTION CLl EACH OCCURRENCE 1000000 AGGREGATE WHERE APPLICABLE 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE 1000000 SELF INSURED RETENTION 10000 011617 Servicing Office St Louis Regional Office N y S and issue Date 011617 Autharized Representative To report a claim call your Agent or 1 800 362 0000 DS 70 22 01 08 57669420 POLSVCS 330 ACAOPPNO INSURED COPY 000736 PAGE 35 OF 88 INSURED COPY nan nan nan nan 736.0 PAGE 35 OF 88 POLSVCS 330 ACAOPPNO | 2 |
r Liberty Mutual. INSURANCE Loverage Is Proviged in Policy Number The Ohio Casualty Insurance Company Uso 18 57669420 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE CARRIER POLICY TYPE OF COVERAGE BUSINESSOWNERS LIABILITY LIMITS OF INSU 1000000 1IABILIT MEDICAL EXPENSE LIMIT 2000000 OTHER THAN PRODUCTS COMPLETED OPERATIONS AGGREGATE 2000000 PRODUC COMPL OPERATIONS AGGREGATE LIMIT Includes Non Owned andor Hired Auto Liability BZW1857669420 03012017 03012018 WEST AMERICAN INSURANCE EMPLOYERS 500000 BODILY INJURY EACH COMPANY LIABILITY ACCIDENT LIMIT 500000 BODILY INJURY BY XWW1857669420 DISEASE AGGREGATE 03012017 03012018 LIMIT 500000 BODILY INJURY BY DISEAS CH EMPLOYEE LIMIT EMPLOYERS LIABILITY COVERAGE IS NOT PROVIDED FOR CLAIMS BY EMPLOY WHO ARE SUBJECT TO THE WORKERS COMPENSATION LAWS OF NEW YORK XWW1857669420 03012017 03012018 ettt ta To report a claim call your Agent or 1 800 362 0000 DS 70 23 01 08 011617 57669420 POLSVCS 330 ACAOPPNO INSURED COPY 000736 PAGE 46 OF 88 nan nan nan nan 736.0 PAGE 46 OF 88 INSURED COPY POLSVCS 330 ACACPPNO | 2 |
Liberty Mutual. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company USO 18 57669420 POLICY FORMS AND ENDORSEMENTS 1l the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE BP 04 39 07 02 Abuse Or Molestation Exclusion BP 05 17 01 06 Exclusion Silica Or Silica Related Dust CU 60 02 06 97 Commercial Umbrella Coverage Form CU 60 30 06 97 Care Custody or Control Exclusion Real or Personal Property CU 60 33 09 00 Kansas Changes Cancellation and Nonrencwal CU 603901 15 Cap On Losses From Certified Acts Of Terrorisim CU 6040 01 15 Underlying Coverage Requirement For Certified Acts Of Terrorism CU 61 060113 Auto Liability Following Form CU 63 44 06 97 Foreign Liability Following Form CU 64 5402 10 Kansas Fungi. Mold or Spores Exclusion CU 64 79 05 09 Exclusion Recording and Distribution of Material or Information in Violation of the Law CU 6480 1104 Silicate Exclusion CU 648207 14 Amendment Electronic Data CU 64 87 1005 Economic or Trade Sanctions Condition Endorsement CU 649201 13 Mobile Equipment Following Form CU 6495 1207 Waiver Transfer Rights of Recovery Against Others CU 6508 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CU 88 01 1202 War Liability Exclusion CU 88 03 1207 Employment Related Practices Exclusion CU 88 04 07 14 Professional Services Exclusion CU 88 31 0509 Personal and Advertising Injury Following Form CU 8839 07 14 Amendment of Definition of Insured CU 88 41 02 10 Amendment of Pollution Exclusion CU 89 19 01 13 Amendment of Watereralt Exclusion CU 89 21 07 I5 Amendment of Aircraft Exclusion CU 8940 05 16 Crisis Management Coverage 011617 In witness whereof we have caused this policy o be signed by our authorized officers. Doxter. o Mark Touhey Paul Condrin T cretary To report a claim call your Agent or 1 800 362 0000 DS 70 23 01 08 57669420 POLSVCS 330 ACAOPPNO INSURED COPY 000736 PAGE a7 Of 88 INSURED COPY nan nan nan nan 736.0 PAGE 37 OF 88 POLSVCS 330 ACACPPNO | 2 |
Liberty Mutual. INSURANCE Coverage Is Provided In Policy Number Llherl The Ohio Casualty Insurance Company USO 18 57669420 Mutual. INSURANCE POLICY FORMS AND ENDORSEMENTS continued orms and Endorsements for your policy. Refer o these documents as needed for detailed This section lists all the information concerning your coverage FORM NUMBER TITLE CU 8945 10 14 Access or Disclosure Of Confidential Or Personal Information And Data Related Liability with Limited Bodily Injury Exception Exclusion To report a claim call your Agent or 1 800 362 0000 DS 70 23 01 08 141617 57669420 POLSVCS 330 AGAOPPNO INSURED COPY 000736 PAGE 38 OF 88 PAGE 38 OF 88 INSURED COPY nan nan nan nan 736.0 ACAOPPNO POLSVES 330 | 2 |
BUSINESSOWNERS BP 04 39 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following applies to Section Il Liability and supersedes any provision to the contrary This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of a The actual or threatened abuse or moles tation by anyone of any person while in the care custody or control of any in sured or b The negligent i Employment ii Investigation iii Supervision iv Reporting to the proper authorities or failure to so report or v Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by a above ii Investigation iii Supervision iv Reporting to the proper authorities or failure to so report or v Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by a above BP 04 39 07 02 ISO Properties Inc. 2001 Page 1of 1 | 2 |
This endorsement modifies insurance provided under the following BUSINESSOWNERS BP 0517 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA OR SILICA RELATED DUST BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Para graph B. Exclusions in Section Il Lia ility B. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST 1. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust 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 relat ed dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or sus pected 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 remediat ing or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any insured or by any other per son or entity. The following definitions are added to Para graph F. Liability And Medical Expenses Defi nitions in Section Il Liability 1. Silica means silicon 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 dioxide 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 remediat ing or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any insured or by any other per son or entity. The following definitions are added to Para graph F. Liability And Medical Expenses Defi nitions in Section Il Liability 1. 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 SO Properties Inc. 2005 Page 1 of 1 BP 0517 0106 | 2 |
CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM Insuring Agreement V. DEFINITIONS. Words and phrases that appear in quotation marks have spe cial meaning and can be found in the DEFINITION Section or the specific policy provision where they appear. There are provisions in this policy that restrict coverage. Read the entire policy carefully to deter mine rights duties and what is and is not cov ered. Throughout this policy the words you and your refer to the Named Insured as defined in Insuring Agreement V. DEFINITIONS. The words we us and our refer to the Company pro viding this insurance. The word Insured means any person or organization qualifying as such in In consideration of the payment of the premium and in reliance upon the statements in the Dec larations we agree with you to provide coverage as follows INSURING AGREEMENTS I. COVERAGE We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage personal injury or advertising injury that takes place during the Policy Pe riod and is caused by an occurrence hap pening anywhere. The amount we will pay for damages is limited as described below in the Insuring Agreement Section Il. LIMITS OF IN SURANCE. Il. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 4. of the Declarations and the rules below state the most we will pay regardless of the number of 1. insureds 2. claims made or suits brought or 3. persons or organizations making claims or bringing suits. B. The General Aggregate Limit is the most we will pay for all damages covered under the Insuring Agreement in Section I ex cept 1. damages included in the products completed operations hazard and coverages included in the policies list ed in the Schedule of Underlying Insur ance to which no underlying aggregate limit applies The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage personal injury or advertising injury subject to an aggregate limit in the un derlying insurance. The General Aggre gate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. C. The Products Completed Operations Ag gregate Limit is the most we will pay for all damages included in the products completed operations hazard. D. Subject to B. or C. in Section Il. LIMITS OF INSURANCE whichever applies the Each Occurrence Limit is the most we will pay for bodily injury property damage Page 1 of 15 CU 6002 06 97 | 2 |
Schedule of Underlying Insurance nor by any other insurance providing cov erage to the Insured during the Poli cy Period and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. Once the Self Insured Retention has been exhausted by actual payment of claims in full by the Insured the Self Insured Retention will not be reapplied or again payable by the Insured for said Policy Period. Ill. DEFENSE A. We will have the right and duty to investi gate any claim and defend any suit seeking damages covered by the terms and conditions of this policy when 1. the applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of insurance of any other insurance providing coverage to the Insured have been exhausted by ac tual payment of claims for any oc currence to which this policy applies or 2. damages are sought for any occur rence which is covered by this policy but not covered by any underlying policies listed in the Schedule of Un derlying Insurance or any other insur ance providing coverage to the In sured. B. When we assume the defense of any claim or suit 1. We will investigate any claim and defend any suit against the In sured seeking damages on account of any occurrence covered by this poli cy. We have the right to investigate defend and settle the claim or suit as we deem expedient. 2. All expenses we incur in the investiga tion of any claim or defense of any suit are in addition to our Limits of Insurance. personal injury or advertising injury covered under the Insuring Agreement in Section I because of all bodily injury property damage personal injury or advertising injury arising out of any one occurrence.. If the applicable Limits of Insurance of the policies listed in the Schedule of Under lying Insurance or of other insurance pro viding coverage to the Insured are re duced or exhausted by actual payment of one or more claims subject to the terms and conditions of this policy we will 1. in the event of reduction pay in excess of the reduced underlying Limits of In surance or 2. in the event of exhaustion continue in force as underlying insurance but for no broader coverage than is avail able under this policy.. The Limits of Insurance of this policy ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the begin ning 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 pur poses of determining the Limits of Insur ance.. Retained Limit We will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the retained limit which is the great er of 1. the total amounts stated as the ap plicable limits of the underlying poli cies listed in the Schedule of Under lying Insurance and the applicable lim its of any other insurance providing coverage to the Insured during the Policy Period or 2. the amount stated in the Declarations as Self Insured Retention as a result of any one occurrence not covered by the underlying policies listed in the Page 2 of 15 CU 60 02 06 97 | 2 |
3. We will pay the following as expenses to the extent that they are not included in the coverage in the underlying poli cies listed in the Schedule of Under lying Insurance or in any other insur ance providing coverage to the In sured a. premiums on bonds to release at tachments which bond amounts will not exceed our Limits of In surance but we are not obligated to apply for or furnish any such bond b. premiums on appeal bonds which bond amounts will not ex ceed our policy limits required by law to appeal any claim or suit we defend but we are not obligated to apply for or furnish any such bond c. all costs taxed against the In sured in any claim or suit we defend d. pre judgment interest awarded against the Insured on that part of the judgment we pay that is within our applicable Limits of In surance. If we make an offer to pay the applicable Limits of Insur ance we will not pay any pre judgment interest based on the period of time after the offer e. all interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance f. the Insured s actual and reason able expenses incurred at our re quest C. We will not investigate any claim or de fend any suit after our applicable Limits of Insurance have been exhausted by pay ment of judgments or settlements.. In all other instances except Subsection A. in Section Wl. DEFENSE we will not be obligated to assume charge of the inves tigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occur rence 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 IV. EXCLUSIONS This insurance does not apply to A. Bodily injury or property damage ex pected or intended from the standpoint of the Insured. This exclusion does not ap ply to bodily injury resulting from the use of reasonable force to protect persons or property. B. Any obligation of the Insured under a Workers Compensation Unemployment Compensation or Disability Benefits Law or under any similar law regulation or ordinance. C. Any obligation of the Insured under the Employee Retirement Income Security Act of 1974 or any amendments to that act or under any similar law reguiation or ordi nance. D. Any obligation of the Insured under a No Fault Uninsured Motorist or Underin sured Motorist law or under any similar law regulation or ordinance. E. Property damage to impaired property or property that has not been physically injured arising out of 1. a defect deficiency inadequacy or dangerous condition in your product or your work or 2. a delay or failure by you or anyone acting on your behalf to perform a con tract 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. CU 60 02 06 97 Page 3 of 15 | 2 |
F. J. Property damage to your product aris ing out of it or any part of it.. Property damage to your work arising out of it or any part of it and included in the products completed operations haz ard. 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.. Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. your product 2. your work or 3. impaired property if such product work or property is with drawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Property damage to property owned by the Insured. Personal injury or advertising injury 1. arising out of oral written televised videotaped or electronic publication of material if done by or at the direction of the Insured with knowledge of its falsity 2. arising out of oral written televised videotaped or electronic publication of material whose first publication took place before the beginning of the poli cy period 3. arising out of the willful violation of a penal statute or ordinance committed by or with consent of the Insured or 4. for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liabil ity for K. L. damages that the Insured would have in the absence of the contract or agreement. Advertising injury arising out of 1. breach of contract other than misap propriation of advertising ideas under an implied contract 2. the failure of goods products or ser vices to conform with advertised qual ity or performance 3. the wrong description of the price of goods products or services or 4. an offense committed by an Insured whose business is advertising broad casting publishing or telecasting Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or in any way related to 1. The actual alleged or threatened pres ence discharge dispersal seepage migration release or escape of pollu tants however caused. 2. Any request demand or order that any Insured or others test for monitor clean up remove contain treat de toxify neutralize or in any way re spond to or assess the effects of pol lutants. This includes demands direc tives complaints suits orders or re quests brought by any governmental entity or by any person or group of persons. 3. Steps taken or amounts incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat de toxify or neutralize or assess the ef fects of pollutants. This exclusion will apply to any liability costs charges or expenses or any judg ments or settlements arising directly or indirectly out of pollution whether or not the pollution was sudden accidental grad ual intended expected unexpected pre ventable or not preventable. Page 4 of 15 CU 6002 06 97 | 2 |
As used in this exclusion pollutants means any solid liquid gaseous or ther mal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste ma terial. Waste material includes materials which are intended io be or have been recycled reconditioned or reclaimed. M. Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolu tion. This exclusion applies only to liability assumed under a contract or agreement. N. Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or related in any way either directly or indirectly to 1. asbestos asbestos products asbestos containing materials or products as bestos fibers or asbestos dust includ ing but not limited to manufacture mining use sale installation removal or distribution activities 2. exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos pro ducts asbestos coniaining materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate settle or defend or indemnify any person against any claim or suit arising out of or related in any way either directly or indirectly to asbestos as bestos products asbestos containing materials or products asbestos fibers or asbestos dust. 0. Bodily injury property damage per sonal injury or advertising injury aris ing out of any 1. refusal to employ or promote 2. termination of employment 3. coercion demotion evaluation reas signment discipline defamation ha rassment molestation humiliation discrimination or other employment re lated practices policies acts or omis sions or 4. consequential bodily injury proper ty damage personal injury or ad vertising injury as a result of O.1. through 0.3. This exclusion applies whether the In sured may be held liable as an employer or in any other capacity and to any obliga tion to share damages with or to repay someone else who must pay damages be cause of bodily injury property dam age personal injury or advertising in jury.. Bodily injury property damage per sonal injury or advertising injury ex cluded by the Nuclear Energy Liability Ex clusion attached to this Policy. The following Items 1. through 4. except to the extent that such insurance is pro vided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 1. Liability of any employee with respect to bodily injury property damage personal injury or advertising in jury to you or to another employee of the same employer injured in the course of such employment. 2. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any watercraft if such watercraft is owned or chartered with out crew by or on behalf of any In sured. This exclusion will not apply to watercraft while ashore on any prem ises owned by rented to or controiled by you. 3. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any aircraft if such aircraft is owned or hired without pilot or crew by or on behalf of any Insured. CU 6002 06 97 Page 5 of 15 | 2 |
B. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include mo bile equipment. C. Bodily injury means physical injury sick ness or disease including death of a per son. Bodily injury also means mental injury mental anguish humiliation or shock if directly resulting from physical injury sickness or disease to that person. D. Claim means any demand for monetary damages upon an Insured resulting from a covered occurrence. E. Impaired property means tangible prop erty other than your product or your work that can not be used or is less use ful because 1. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dan gerous or 2. you have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. the repair replacement adjustment or removal of your product or your work or 2. your fulfilling the terms of the contract or agreement. F. Insured means each of the following to the extent set forth 1. The Named Insured meaning a. Any person or organization listed in Item 1. of the Declarations and any Company of which you own more than 50 as of the effective date of this policy. b. Any organization you newly ac quire or form other than a part nership joint venture or limited liability company and over which you maintain ownership or major ity interest will qualify to be a Named Insured. However 4. Bodily injury to a. an employee of any Insured arising out of and in the course of i. employment by any In sured or ii. performing duties related to the conduct of any in sured s business or b. the spouse child parent brother or sister of that employee as a consequence of Paragraph 4.a. This exclusion applies a. whether any Insured may be liable as an employer or in any other capacity and b. to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. V. DEFINITIONS A. Advertising injury means injury arising solely out of advertising activities of any Insured as a result of one or more of the following offenses during the policy pe riod 1. oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices 2. oral written televised videotaped or electronic publication of material that violates a person s right of privacy 3. misappropriation of advertising ideas or style of doing business 4. infringement of copyright title or slo gan or 5. mental injury mental anguish humili ation or shock if directly resulting from items A.1. through A.4. Page 6 of 15 CU 60 02 06 97 | 2 |
1 coverage under this provi sion is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 coverage does not apply to bodily injury property damage personal injury or advertising injury that occurred before you acquired or formed the organization and 3 coverage applies only if the organization is included un der the coverage provided by the policies listed in the Schedule of Underlying In surance and then for no broader coverage than s provided under such under lying policies.. If you are an individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner as of the effective date of this policy.. If you are a partnership or joint ven ture the partners or members and their spouses but only as respects the conduct of your business.. If you are a limited liability company the members or managers but only as respects the conduct of your business.. Any person or organization other than the Named Insured included as an ad ditional Insured by virtue of an in sured contract and to which coverage is provided by the underlying insur ance and for no broader coverage than is provided by the underlying insurance to such additional In sured.. Any of your partners executive offi cers directors or employees but only while acting within the scope of their duties. However the coverage granted by this Provision 6. does not apply to the own ership maintenance use loading or unloading of any autos aircraft or watercraft unless such coverage is in cluded under the policies listed in the Schedule of Underlying Insurance and for no broader coverage than is pro vided under such underlying policies. Employees include leased workers but not temporary workers. Leased workers are leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform related duties to the con duct of your business. Leased work ers are not temporary workers. Temporary workers are persons fur nished to you to substitute for perma nent employees on leave or to meet seasonal or short term workload condi tions. 7. Any person other than one of your employees or organization while act ing as your real estate manager. 8. Any person other than your partners executive officers directors stockhol ders or employees or organizations with respect to any auto owned by you loaned to you or hired by you or on your behalf and used with your per mission However the coverage granted by this Provision 8. does not apply to any per son using an auto while working in a business that sells services repairs or parks autos unless you are in that business. 9. No person or organization is an in sured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. G. Insured contract means any oral or writ ten contract or agreement entered into by you and pertaining to your business under which you assume the tort lability of another party to pay for bodily injury or property damage to a third person or organization provided that the bodily in jury or property damage occurs subse quent to the execution of the contract or CU 60 02 06 97 Page 7 of 15 | 2 |
a. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment or b. cherry pickers and similar devices used to raise or lower workers 6. vehicles not described in 1. 2. 3. or 4. above maintained primarily for pur poses other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently at tached equipment are not mobile equipment but will be considered autos a. equipment designed primarily for 1 snow removal 2 road maintenance but not construction or resurfacing or 3 street cleaning b. cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower work ers and c. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment. J. Occurrence means 1. as respects bodily injury or prop erty damage an accident including continuous or repeated exposure to substantially the same general harmful conditions 2. as respects personal injury an of fense arising out of the business of any Insured that results in personal injury. All damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the agreement. Tort liability means a civil liability that would be imposed by law in the absence of any contract or agreement.. Loading or unloading means the han dling of property 1. after it is removed from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. while it is in or on an aircraft water craft or auto 3. while it is being moved from an air craft watercraft or auto to the place where it is finally delivered However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto.. Mobile equipment means any of the foi lowing types of land vehicles including any attached machinery or equipment 1. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. vehicles maintained for use solely on or next to premises you own or rent 3. vehicles that travel on crawler treads 4. vehicles whether self propelled or not maintained primarily to provide mobil ity to permanently mounted a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrap ers or rollers 5. vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types Page 8 of 15 CU 60 02 06 97 | 2 |
b. work that has not yet been com pleted or abandoned. 2. Your work will be deemed complet ed at the earliest of the following times a. When all of the work called for in your contract has been complet ed. b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site c. When that part of the work done at a job site has been put to its intended use by any person or or ganization other than another con tractor or subcontractor working on the same project. Work that may need service mainten ance correction repair or replacement but which is otherwise complete will be treated as completed. 3. This products completed operations hazard does not include bodily in jury or property damage arising out of a. the transportation of property un less the injury or damage arises out of a condition in or on a ve hicle created by the loading or unloading of it b. the existence of tools uninstalied equipment or abandoned or un used materials. M. Property damage means 1. physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss will be deemed to occur at the time of the occurrence that caused it N. Suit means a civil proceeding which seeks monetary damages because of bod ily injury property damage per frequency or repetition thereof the number and kind of media used and the number of claimants. as respects advertising injury an of fense committed in the course of ad vertising your goods products and ser vices that results in advertising in jury. All damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. K. Personal injury means injury other than bodily injury or advertising injury aris ing out of one or more of tie following offenses during the policy period 1. false arrest detention or imprison ment. malicious prosecution the wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor. oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices. oral written televised videotaped or electronic publication of material that violates a person s right of privacy or. mental injury mental anguish humili ation or shock if directly resulting from Items K.1. through 5.. Products completed operations haz ard means all bodily injury and property damage from an occur rence taking place away from prem ises you own or rent and arising out of your product or your work except a. products that are still in your physical possession or Page 9 of 15 CU 60 02 06 97 | 2 |
0. P. sonal injury or advertising injury to which this insurance applies. Suit in cludes 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. Underlying insurance means the insur ance coverage provided under policies shown in the Schedule of Underlying In surance or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide 1. at least the same policy limits and 2. insurance for the same hazards except as to any modifications which are agreed to by us in writing. Your product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. a person or organization whose business or assets you have ac quired and 2. Containers other than vehicles materi als parts or equipment furnished in connection with such goods or pro ducts. Your product includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. the providing of or failure to provide warnings or instructions. A. Your product does not include vending machines or other property rented to or located for the use of others but not sold Your work means 1. work or operations performed by you or on your behalf and 2. materials parts or equipment fur nished in connection with such work or operations. Your work includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. Vi. Conditions Appeals If the Insured or an Insured s under lying insurers do not appeal a judgment in excess of the retained limit we have the right to make such an appeal. If we elect to appeal our liability on such an award or judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec larations plus the cost and expense of such appeal.. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expira tion or termination of this policy.. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any Insured or the bankruptcy insolvency or inability to pay of any of the Underlying Insurers will not relieve us from the payment of any claim or suit covered by this policy. Under no circum stances will such bankruptcy insolvency or inability to pay require us to drop down and replace the retained limit or assume any obligation with the retained limit. Page 10 of 15 CU 60 02 06 97 | 2 |
D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect.. We may cancel this policy. If we cancel because of nonpayment of premium we must mail or deliver to you not less than ten 10 days advance written no tice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than thirty 30 days advance written notice stating when the can cellation is to take effect. Mailing that notice to you at your mailing address shown in item 1. of the Declarations will be sufficient to prove notice.. The policy period will end on the day and hour stated in the cancellation no tice.. If we cancel final premium will be cal culated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Pre mium as shown in item 3. of the Dec larations.. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the Minimum Pre mium as shown in item 3. of the Dec larations.. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella tion will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be suf ficient tender of any refund due you. The first Named Insured in Item 1. of the Declarations will act on behalf of all other Insured s with respect to the giving and receiving of notice of can cellation and the receipt of any refund that may become payable under this policy 8. Any of these provisions that conflict with a law that controls the cancella tion of the insurance in this policy is changed by this statement to comply with the law E. Changes Notice to any agent or knowledge pos sessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy and that is signed by one of our authorized repre sentatives. F. Duties in The Event of An Occurrence Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an occur rence which may result in a claim or suit under this policy. To the ex tent possible notice will include a. how when and where the occur rence took place b. the names and addresses of any injured person and witnesses c. the nature and location of any in jury or damage arising out of the occurrence. 2. If a claim or suit against any In sured is reasonably likely to involve this policy you must notify us in writ ing as soon as practicable 3. You and any other involved Insured must a. immediately send us copies of any demands notices summons es or legal papers received in con nection with the claim or suit b. authorize us to obtain records and other information CU 60 02 06 97 Page 11 of 15 | 2 |
1. to keep the policies listed in the Sched ule of Underlying Insurance in full force and effect 2. that any renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be more restrictive in coverage 3. that the Limits of Insurance of the poli cies listed in the Schedule of Under lying Insurance will be maintained ex cept for any reduction or exhaustion of aggregate limits by payment of claims or suits for occurrences covered by underlying insurance and 4. that the terms conditions and endorse ments of the policies listed in the Schedule of Underlying Insurance will not change during the period of this policy such as to increase the coverage afforded under this policy. If you fail to comply with these require ments we will only be liable to the same extent that we would have been had you fully complied with these requirements.. Other Insurance If other insurance applies to a loss that is also covered by this policy this policy will apply excess of the other insurance. Noth ing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. How ever this provision will not apply if the other insurance is specifically written to be excess of this policy. Premium The first Named Insured designated in Item 1. of the Declarations will be respon sible for payment of all premiums when due. The premium for this policy will be com puted on the basis set forth in Item 3. of the Declarations. At the beginning of the policy period you must pay us the Ad vance Premium shown in Item 3. of the Declarations. When this policy expires or if it is can celed we will compute the earned pre mium for the time this policy was in force. If this policy is subject to audit adjust G. c. cooperate with us in the inves tigation settlement or defense of the claim or suit and d. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured be cause of injury or damage to which this insurance may also ap ply 4. The Insured s will not except at their own cost voluntarily make a pay ment assume any obligation or incur any expense other than for first aid without our consent. Inspection We have the right but are not obligated to inspect the premises and operations of any Insured at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and op erations of any Insured and the premi ums to be charged. We may give you re ports on the conditions we find. We may also recommend changes. While they may help reduce losses we do not undertake to perform the duty of any person or organi zation to provide for the health or safety of any employees or the public. We do not warrant that the premises or operations of any Insured are safe or healthful or that they comply with laws regulations codes or standards.. Legal Actions Against Us There will be no right of action against us under this insurance unless 1. you have complied with all the terms of this policy and 2. the amount you owe has been deter mined by settlement with our consent or by actual trial and final judgment This insurance does not give anyone the right to add us as a party in an action against you to determine your liability.. Maintenance of Underlying Insurance During the period of this policy you agree Page 12 of 15 CU 60 02 06 97 | 2 |
Expenses incurred in the exercise of rights of recovery will be apportioned between the interests including the Insured in the ratio of their respective recoveries as finally settled Terms Conformed to Statute The terms of this Policy which are in con flict with the statutes of the state where this Policy is issued are amended to con form to such statutes. If we are prevented by law or statute from paying on behalf of an Insured then we will where permitted by law or statute indemnify the Insured for those sums in excess of the retained limit.. Transfer of Your Rights And Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named In sured designated in ltem 1. of the Declara tions and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy.. When Loss Is Payable Coverage under this policy will not apply unless and until any Insured or an In sured s underlying insurer is obligated to pay the retained limit. When the amount of loss has finally been determined we will promptly pay on be half of the Insured the amount of loss falling within the terms of this policy. You will promptly reimburse us for any amount within the Self insured Retention advanced by us at our discretion on behalf of any Insured. ment the actual exposure basis will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we will retain the Minimum Pre mium as shown in Item 3. of the Declara tions for each twelve months of our policy period.. Separation of Insureds Except with respect to our Limits of Insur ance and any rights or duties specifically assigned to the first Named Insured des ignated in Item 1. of the Declarations this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom claim is made or suit brought.. Transfer of Rights of Recovery Against Others to Us If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows 1. any interests including the Insured that have paid an amount in excess of our payment under this policy will be reimbursed first 2. we then will be reimbursed up to the amount we have paid and 3. lastly any interests including the In sured over which our insurance is excess are entitled to claim the resi due CU 6002 06 97 Page 13 of 15 | 2 |
NUCLEAR ENERGY LIABILITY EXCLUSION Canada this Exclusion 2.c. applies only to nuclear property damage to such nu clear facility and any property therein. 3. As used in this exclusion a. Hazardous properties includes radioac tive toxic or explosive properties. b. Nuclear facility means i. any nuclear reactor ii. any equipment or device designed or used for 1 separating the isotopes of urani um or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging nuclear waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or de vice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination there of or more than 250 grams of uranium 235 iv. any structure basin excavation prem ises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all op erations considered on such site and all premises used for such operations c. Nuclear material means source mate rial special nuclear material or by product material. d. Nuclear property damage includes all forms of radioactive contamination of property. This policy does not apply to 1. Any liability injury or damage a. with respect to which any Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Associ ation Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaus tion of its Limits of Insurance or. resulting from the hazardous properties of nuclear material and with respect to which a a person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b any Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement en tered into by the United States of America or any agency thereof with any person or organization. 2. Any injury or nuclear property damage re sulting from the hazardous properties of nuclear material if a. the nuclear material a is at any nu clear facility owned by or operated by or on behalf of any Insured or b has been discharged or dispersed therefrom. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any Insured or. the injury or nuclear property damage arises out of the furnishing by any In sured of services materials parts or equipment in connection with the plan ning 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 Page 14 of 15 CU 60 02 06 97 | 2 |
e. 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 ma terial. Nuclear waste means any nuclear waste material a containing by product mate rial other than the tailings of nuclear waste produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source ma terial content and b resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under Para graph 3.b.i. or 3.b g. Source material special nuclear mate rial and by product material have the meanings given them in the Atomic En ergy Act of 1954 or in any law amendatory thereof. h. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. This endorsement does not change any other pro vision of the policy In Witness Whereof we have caused this policy to be executed and attested but this policy will not be valid unless countersigned by one of our duly authorized representatives where required by law. CU 60 02 06 97 Page 15 of 15 | 2 |
CU 60 30 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CARE CUSTODY OR CONTROL EXCLUSION REAL OR PERSONAL PROPERTY The following exclusion is added to Section IV EXCLUSIONS Any property damage to real or personal property in the care custody or control of any Insured or loaned to any Insured or used rented or occupied by any Insured or as to which any Insured is for any purpose exercising physical control. This endorsement does not change any other provision of the policy CU 6030 06 97 | 2 |
COMMERCIAL UMBRELLA CU 60 33 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIABILITY COVERAGE PART A. If you are an individual and a covered auto you own is of the private passenger type and this policy covers fewer than five autos and does not insure the motor vehicle hazard of garages motor vehicle sales agencies repair shops service stations or public parking places the Section VI. CONDITION D. Cancellation is deleted and replaced by the following Ending This Policy 1. Cancellation a. You may cancel the policy by mailing or delivering to us advance notice of cancellation b. We may cancel this policy by mailing to you notice of cancellation. if we cancel for nonpayment of premium we will mail to you at least 10 days notice. If we cancel for any other reason we will mail to you at least 30 days written notice. c. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel Liability Coverage only for one or more of the foliowing reasons 1 Nonpayment of premium 2 Fraudulent misrepresentation in obtaining the policy. 3 The insured violates any terms or conditions of the policy. 4 You or any other operator who either resides in the same household or customarily op erates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b s or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate that he or she can operate a motor vehicle safely. c Has been convicted during the policy period or 36 months before it for i Any felony or i Criminal negligence resulting in death homicide or assault arising from the op eration of a motor vehicle or Driving a motor vehicle while intoxicated or under the influence of drugs or iv Leaving the scene of an accident without stopping to report or v Theft of a motor vehicle or vi Making false statements when applying for a driver s license or vii A third moving violation committed within a period of 18 months of i. Any regulation limiting the speed of motor vehicles or ii. Any of the provisions in the motor vehicle laws of any state the violation of which constitutes a misdemeanor or traffic infraction or Any ordinance traffic infraction or ordinance which prohibits the same acts as a misdemeanor statute of the uniform act regulating traffic on highways whether or not the violations were repetitions of the same offense or were different offenses. 2011 Liberty Mutual insurance. All rights reserved Inciudes copyrighted material of Insurance Services Office inc. with its permission. Page 1 of 3 CU 60 33 09 00 | 2 |
5 We replace this policy with another one providing similar coverages and the same limits for the covered auto. The replacement policy will take effect when this policy is can celled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. d. Renewal or continuation of this policy does not act as a waiver or estoppel of any reasons for cancellation which existed before the effective date of renewal or continuation. e. If this policy is cancelled we will send to you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The cancellation will be effective even if we have not offered a refund. f. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2. Nonrenewal a. If we decide not to renew or continue this policy we will mail to you written notice at least 30 days before the end of the policy period. b. We may not renew or continue this policy only for one or more of the following reasons 1 When we are required or have been permitted by the Commissioner of Insurance in writing to reduce premium volume in order to preserve our financial integrity. 2 When we cease to transact business in this state. 3 When we are able to show competent medical evidence that the insured has a physical or mental disablement that impairs his or her ability to drive in a safe and reasonable manner. 4 When unfavorable underwriting factors pertinent to the risk are existent and of a sub stantial nature which could not have reasonably been ascertained by is at the initial issu ance or the last renewal policy. 5 When the policy has been continuously in effect for a period of 5 years provided that such 5 year period shall begin at the first anniversary date following the policy effective date. 6 When any of the reasons specified as reasons for cancellation are existent. c. If we offer to renew or continue this policy and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation pre mium when due shall mean that you have not accepted our offer. d. If we fail to mail proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. 3. Mailing Of Notices We will mail any notice of cancellation or nonrenewal by certified or registered mail or United States post office certificate of mailing to your last mailing address known to us. Proof of mailing will be sufficient proof of notice. For all policies not described in paragraph A. above Section VI CONDITION D. Cancellation Para graph 2. is deleted and the following condition is added to Section VI CONDITIONS CANCELLATION 2. a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. 2 30 days before the effective date of cancellation if we cancel for any other reason b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 nonpayment of premium 2 this policy was issued because of material misrepresentation 2017 Liberty Mutual Insurance. Afl rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 3 CU 60 33 09 00 | 2 |
3 you or any other Insured violated any of the material terms and conditions of this policy 4 unfavorable underwriting factors specific to you exist that were not present at the incep tion of this policy 5 a determination by the Insurance Commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 a determination by the Insurance Commissioner that we no longer have adequate reinsur ance to meet our needs. The following CONDITION is added and supersedes any provision to the contrary C. Nonrenewal 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If we fail to mail proper notice and you obtain other insurance this policy will end on the effective date of that insurance. Any notice of nonrenewal will be mailed or delivered 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. If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the policy is cancelled we will notify the Director of Vehicles 30 days before the effective date of the cancellation. 2011 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission. Page 3 of 3 CU 60 33 09 00 | 2 |
COMMERCIAL UMBRELLA CU 60390115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar 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. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to ali types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. This endorsement does not change any other provision of the policy 2015 Liberty Mutual Insurance Includes copynighted material of insurance Services Office Inc. with its permission. Page 1 of 1 CU 60390115 | 2 |
COMMERCIAL UMBRELLA CU 60 40 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism we will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the Insured during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for Certified Acts of Terrorism and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this Requirement. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy 2015 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office. Inc.. with its permission. Page 1 of 1 CU 60400115 | 2 |
COMMERCIAL UMBRELLA CU 61060113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART 1. The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Any liability arising out of the ownership maintenance use or entrustment to others of any auto. 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. This exclusion does not apply to the extent that insurance for such liability is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. Paragraph B. under Section V. DEFINITIONS is replaced by the following B. Auto means an auto as it is defined in the applicable underlying insurance. This endorsement does not change any other provision of the policy. 2012 Liberty Mutual Insurance includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 CU 61060113 | 2 |
CU 63 44 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS Any bodily injury property damage personal injury or advertising injury which occurs outside the United States of America its territories and possessions Puerto Rico or Canada except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 63 44 06 97 | 2 |
COMMERCIAL UMBRELLA CU 64540210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV Exclusions This insurance does not apply to 1. Bodily injury property damage personal injury or advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence 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 2. 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. As used in this exclusion Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. To the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. This endorsement does not change any other provision of the policy 2011 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission Page 1 of 1 CuU 6454 0210 | 2 |
COMMERCIAL UMBRELLA CU 64 79 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF THE LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV Exclusions This insurance does not apply to Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 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 4. Any federal state or local statute ordinance or regulation other than 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. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 64 79 05 09 Includes copyrighted material of Insurance Services Office. with its permission. | 2 |
COMMERCIAL UMBRELLA COVERAGE CU 64801104 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICATE EXCLUSION The following exclusion is added to Section IV EXCLUSIONS Any and all liability of any nature including but not limited to settlements judgments costs charges expenses costs of investigations or the fees of attorneys experts consultants or medical personnel arising out of caused by resulting from contributed to aggravated by or related in any way and either in whole or in part to 1. Any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of use of or presence of any silicate regardless of whether any other cause event material substance or product contributed to such liability 2. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation disposing of or in any way responding to or assessing the effects of any silicate by any insured or by any other person or entity. This exclusion applies regardiess of whether the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of use of or presence of the silicate was sudden accidental gradual intended expected unexpected preventable not preventable manmade naturally occurring or any combination of the foregoing. As used in this exclusion silicate includes but is not limited to a silica in any form from any source b any compound substance product mineral dust or material containing silica in any form from any source and c any salt produced by the action of silicic acid in any form from any source This endorsement does not change any other provision of the policy. Page 1 of 1 CU 64801104 | 2 |
CU 64 8207 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT ELECTRONIC DATA This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART A. The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion does not apply to liability for damages because of bodily injury but only to the extent that insurance is provided for such damages by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is pro vided by such policy. B. Section V. DEFINITIONS is amended as follows 1. Definition M. is replaced by the following M. Property damage means 1. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 2. For the purposes of this endorsement the following definition is added 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 celis data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance. Alf rights reserved. includes copyrighted material of Insurance Services Office Inc. with its permission CU 64 8207 14 Page 1 of 1 | 2 |
CU 64 87 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION ENDORSEMENT The following is added to Section VI CONDITIONS Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. This endorsement does not change any other provision of the policy CU 64 87 10 05 | 2 |
CU 64920113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART 1. The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Any liability for or arising out of the ownership maintenance use or entrustment to others of any mobile equipment. 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 the Insured. This exclusion does not apply to the extent that insurance for such liability is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. Paragraph I. under Section V. DEFINITIONS is replaced by the following 1. Mobile equipment means mobile equipment as it is defined in the applicable underlying insur ance This endorsement does not change any other provision of the policy. 2012 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 CU 64920113 | 2 |
CU 64 951207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. CU 64951207 | 2 |
COMMERCIAL UMBRELLA CU 6508 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance Includes copyrighted matenal of Insurance Services Office Inc. with its permission. Page 1 of 1 CU 65080115 | 2 |
COMMERCIAL UMBRELLA CuU 88011202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion M. under Section IV Exclusions is replaced by the following This insurance does not apply to M. Bodily injury property damage personal injury or advertising injury however caused arising directly or indirectly out of 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. This endorsement does not change any other provision of the policy. Page 1 of 1 CuU 88011202 Includes copyrighted material of Insurance Services Office. with its permission. | 2 |
COMMERCIAL UMBRELLA CU 88 03 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV Exclusions is replaced by the following This insurance does not apply to 0. Bodily injury personal injury or advertising injury to 1. A person arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs 1a. 1.b or 1.c. above is directed This exclusion applies 1. Whether the injury causing event described in Paragraphs 1.a. 1.b. or 1.c. above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 88031207 Includes copyrighted material of insurance Services Office with its permission. | 2 |
CU 880407 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Bodily injury property damage personal injury advertising injury or personal and advertising injury caused by the rendering of or failure to render any professional service. This includes but is not limited to o o oaow 8. 9. Legal accounting or advertising services Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications Supervisory inspection or engineering services Medical surgical dental x ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhance. ment hair removal or replacement or personal grooming Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing services and Services in the practice of pharmacy. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured if the occurrence offense or other act error or omission involved the rendering of or failure to render any professional service. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance. All nghts reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 CU 88 04 07 14 | 2 |
COMMERCIAL UMBRELLA CU 88 310509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART A. SECTION I. COVERAGE under the INSURING AGREEMENTS is replaced by the following COVERAGE 1 A. We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage or personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in the INSURING AGREEMENT SECTION Ii. LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION lIl. DEFENSE. This insurance applies to 1. Bodily injury or property damage only if a. The bodily injury or property damage occurs during the Policy Period and The bodily injury or property damage is caused by an occurrence happening anywhere and c. Prior to the Policy Period no Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed Insured or authorized employee knew prior to the Policy Period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the Policy Period will be deemed to have been known prior to the Policy Period 2. Personal and advertising injury caused by an offense arising out of your business but only if the offense was committed during the Policy Period. Bodily injury or property damage which occurs during the Policy Period and was not prior to the Policy Period known to have occurred by any Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the Policy Period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss or services or death resulting at any time from the bodily injury 2010 Liberty Mutual Insurance Company. All rights reserved. Inciudes copyrighted material of insurance Services Office Inc. with its permission Page 1of 4 Cu 88 3105 09 | 2 |
B. SECTION Ii. LIMITS OF INSURANCE is amended as follows 1. Paragraph B. is replaced by the following B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION I COVERAGE of the INSURING AGREEMENTS except 1. Damages included in the products complete operations hazard and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage or personal and ad vertising injury subject to an aggregate limit in the underlying insurance. The General Aggregate applies separately and in the same manner as the aggregate limits in the underlying insurance. 2. Paragraph D. is replaced by the following D. Subject to B. or C. in SECTION II. LIMITS OF INSURANCE whichever applies the Each Occur rence Limit is the most we will pay for bodily injury property damage or personal and advertising injury covered under SECTION I. COVERAGE of the INSURING AGREEMENTS because of all 1. Bodily injury or property damage arising out of one occurrence and 2. Personal and advertising injury arising out of one offense. 3. Provision 2. of paragraph G. is replaced by the following 2. the amount stated in the Declarations as the Self Insured Retention as a result of any one occurrence or one offense not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the Insured during the Policy Period C. SECTION lIl. DEFENSE is amended as follows 1. Paragraph A. is replaced by the following A. We will have the right and duty to investigate any claim and defend any suit seeking damages covered by the terms and conditions of the policy when 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing cov erage to the Insured have been exhausted by actual payment of claims for any occur rence or offense to which this policy applies or 2. Damages are sought for any one occurrence or offense which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying insurance or any other insurance providing coverage to the Insured. 2. Paragraph B.1.is replaced by the following 1. We will investigate any claim and defend any suit against the Insured seeking damages on account of any occurrence or offense covered by this policy. We have the right to investigate defend and settle the claim or suit as we deem expedient. 3. Paragraph D. is replaced by the following D. In all other instances except paragraph A. in SECTION lll. DEFENSE we will not be obligated to assume charge of the investigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occurrence or offense 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. 2010 Liberty Mutual Insurance Company. All rights reserved Inciudes copyrighted material of Insurance Services Office inc. with its permission Page 2 of 4 CU 88 310509 | 2 |
D. SECTION IV. EXCLUSIONS is amended as follows 1. Exclusion J. is replaced by the following This insurance does not apply to J. Personal and advertising injury except to the extent that insurance is provided for such personal and advertising injury by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. ExclusionK. is deleted. E. SECTION V. DEFINITIONS is amended as follows 1. Definition A. is deleted and replaced by the following A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting cus tomers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an adver tisement. 2. The following is added to definition C. Bodily injury does not include bodily injury arising out of personal and advertising injury 3. Definition D. is replaced by the following Claim means any demand for monetary damages upon any Insured resulting from a covered occurrence or offense. 4. Definition J. is replaced by the following J. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions 5. Definition K. is deleted and replaced by the following K. Personal and advertising injury means injury other than bodily injury arising out of one or more of the following offenses 1. 2. 3. 6. 7. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of the owner landiord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Personal and advertising injury includes consequential bodily injury. 6. The following definitions are added Consequential bodily injury means bodily injury arising out of personal and advertising in jury Offense means an offense included in the definition of personal and advertising injury. All damages that arise from exposure to the same act publication or infringement are considered one offense 2010 Liberty Mutual Insurance Company. All rights reserved. includes copyrighted material of Insurance Services Office inc. with its permission. Page 3 of 4 CU 88 310509 | 2 |
F. SECTION VI. CONDITIONS is amended as follows 1. Condition F. is amended as follows a. Thetitle is replaced by the following F. Duties In the Event Of An Occurrence Offense Claim Or Suit b. Paragraph 1. is replaced by the following 1. You must see to it that we are notified as soon as practicable of an occurrence or offense which may result in a claim or suit under this policy. To the extent possible notice will include a. How when and where the occurrence or offense took place b. The names and addresses of any injured person and witnesses c. The nature and location of any injury or damage arising out of the occurrence or offense. 2. Paragraph 3. of Condition I. is replaced by the following 3. that the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of aggregate limits by payment of claims or suits for occurrences or offenses covered by underlying insurance and G. Wherever the defined term personal injury or advertising injury appears in the following such terms are deleted and replaced by the combined defined term personal and advertising injury 1. Commercial Umbrella Coverage Form provisions a. Exclusions O. P. and Q. under SECTION IV. EXCLUSIONS or b. Definitions F. and N. under SECTION V. DEFINITIONS or 2. Any endorsements that are made a part of this policy. This endorsement does not change any other provision of the policy 2010 Liberty Mutual Insurance Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4 of 4 CuU 88 31 05 09 | 2 |
CU 883907 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITION OF INSURED This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Paragraph F.5. under SECTION V. DEFINITIONS is replaced by the following 5. Any person or organization who qualifies as an insured in the underlying insurance and does not qualify as an Insured in paragraphs 1. 2. 3. 4. 6. 7. or 8. of this definition F. but not beyond the extent of any limitation imposed under any contract or agreement. However a. The coverage provided to such person or organization by this insurance 1 Applies only to the extent permitted by law and 2 Will not be broader than the coverage afforded by the applicable underlying insurance and If coverage provided to such person or organization is required by a contract or agreement the limits of insurance afforded to that person or organization will be 1 The difference between the applicable underlying insurance limits and the minimum limits of insurance which you agreed to provide in a contract or agreement or 2 The amount of insurance available under the applicable Limits of Insurance shown in the Declarations of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a contract or agreement are wholly within the underlying insurance this policy shall not apply. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 CU 88390714 | 2 |
COMMERCIAL UMBRELLA CU 88410210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion L. under SECTION IV. EXCLUSIONS is replaced by the following This insurance does not apply to L. 1. Bodily injury property damage personal injury advertising injury or personal and ad vertising injury which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. 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. Paragraph 1. of this exclusion L. does not apply to the following D 2 4 5 Bodily injury or property damage included within the products completed operations haz ard. Bodily injury or property damage arising out of the heat smoke or fumes from a hostile fire. With respect to any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured a Bodily injury sustained within a building and caused by smoke fumes vapor or soot pro duced by or originating from equipment 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 or b Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than that additional Insured. Bodily injury or property damage arising out of the discharge dispersal seepage migration release or escape of pollutants at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the pollutants are not brought on or to the premises site of location in connection with such operations by such Insured contractor or subcontractor. Bodily injury or property damage arising out of the escape or fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception to the exclusion 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 the Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf. 2010 Liberty Mutual Insurance Company Al rights reserved. CuU 88410210 includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 Page 1 of 2 CuU 88410210 | 2 |
6 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. 7 Fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by scheduled underlying insurance or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollu tants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of mobile equipment. 8 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 underlying insurance if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by underlying insur ance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. However the exceptions to this exclusion L. in paragraphs 1 2 3. 4. 5. 6. 7 or 8 above apply only to the extent that insurance is afforded for such bodily injury or property damage by underlying insurance. Provided however that the coverage afforded by this policy wiil be no broader than the coverage afforded by such underlying insurance Regardless of the extent of underlying insurance none of the exceptions to this exclusion L. in paragraphs 1 2 3. 4 5 or 6 above apply with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape or pollutants i Ator from any premises site or location which is or was at any time used by or for any Insured or others for handling storage disposal processing or treatment of waste or i Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom you may be legally respon sible or i At or from any premises site or location on which any Insured or any contractors or subcontrac tors working directly or indirectly on any Insured s behalf are performing operations if the oper ations 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 Paragraph 2. of this exclusion L. does not apply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority to the extent that insurance is afforded for such damages by underlying insurance. Provided however that the cov erage afforded by this policy will be no broader than the coverage afforded by such underlying insur ance As used in this exclusion Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be Pollutants means any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste material. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. This endorsement does not change any other provision of the policy. 2010 Liberty Mutual insurance Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 cu 88410210 | 2 |
COMMERCIAL UMBRELLA CuU 89190113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Provision 2. of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following This insurance does not apply to Q. The following items 1. through 4. except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any watercraft if such watercraft is owned by or chartered without a crew by or on behalf of 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 the Insured. This exclusion does not apply to a watercraft while ashore on premises you own or rent. This endorsement does not change any other provision of the policy. 2012 Liberty Mutual Insurance. Includes copyrighted material of Insurance Services Office inc.. with its permission. Page 1 of 1 CuU 89190113 | 2 |
COMMERCIAL UMBRELLA CU 89210715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF AIRCRAFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Provision 3. of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following This insurance does not apply to Q. The following items 1. through 4. except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 3. Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft if such aircraft is 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 supervi sion hiring employment training or monitoring of others by the Insured. This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance includes copyrighted material of insurance Services Office Inc. with its permission CuUg9210715 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA CU 89400516 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM SCHEDULE Crisis 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. COVERAGE CRISIS MANAGEMENT COVERAGE 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. But 1. This insurance applies only if a. The insured crisis event commences during the policy period b. The insured 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 c. 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 d. The crisis management expenses are first incurred within 15 days after the insured crisis event commences e. The crisis management expenses are not incurred more than 120 days after the commence ment of the insured crisis event and f. A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. 2. We will have no duty under this Crisis Management Coverage to defend the Insured against any claim suit or action seeking damages. 3. Payment of any crisis management expenses under the Crisis Management Coverage endorse ment 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. 4. The amount we will pay is limited as described in Paragraph C. of the Crisis Management Coverage endorsement. 5. An insured crisis event will be deemed to commence at the time when any of your key execu tives first become aware of the man made emergency situation that resulted in the insured crisis event. 2016 Liberty Mutual Insurance Includes copyrighted matenial of Insurance Services Office Inc.. with its permission Page 1 0of 4 CU 8940 05 16 | 2 |
B. The following exclusions are added to Section IV. EXCLUSIONS This coverage does not apply to 1. 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 ex penses arising out of food borne ilinesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowl edge that it would directly lead to an insured crisis event. C. The following is added to Section Il. 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. 2. 3. Insureds Insured crisis events Persons or organizations making claims. D. The following are added to Section V. DEFINITIONS 1. 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 taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insur ance Act is elected under the policy A building structure or equipment collapse An automobile watercraft or aircraft accident Spread of food borne iliness or a0 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 dam age to which this insurance applies or 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent pa ralysis injuries and b. Significant adverse regional or national media coverage about you. Crisis management expenses a. 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. 2016 Liberty Mutual Insurance. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 CU 89400516 | 2 |
4. 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. 5 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 suit or action for bodily injury or property damage or personal injury advertising injury or personal and advertising injury arising out of an insured crisis event. 3 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. 7 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 demo tion evaluation reassignment discipline defamation harassment humiliation or dis crimination directed at any person. Key executive means o a0 oo Chief Executive Officer 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 Paragraph 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. Definition D. of the policy does not apply to this endorsement. E. The following is added to Section VI. Conditions Duties in the Event of an Insured Crisis Event 1. 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 Rela tions 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. 2016 Liberty Mutual insurance. includes copyrighted material of Insurance Services Office inc. with its permission. Page 3 of 4 CU 89 40 05 16 | 2 |
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 cir cumstances 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. 2. 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 or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. 3. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the insured crisis event took place b. The names and addresses of any affected parties and witnesses and. The nature and location of any injury or damage arising out of the insured crisis event. This endorsement does not change any other provision of the policy. 2016 Liberty Mutual Insurance. Includes copyrighted matenal of insurance Services Office Inc. with its permission. Page 4 of 4 CU 89400516 | 2 |
COMMERCIAL UMBRELLA CuU 89451014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION EXCLUSION A. The following exclusion is added to Section IV EXCLUSIONS This insurance does not apply to Any liability damages loss injury demand claim or suit arising out of 1. Any access to or disclosure 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 2. 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 fines penalties including but not limited to fees or surcharges from affected financial institutions or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. B. The following definition is added to Section V DEFINITIONS Electronic data means information facts or programs stored as or on created or used on or transmit ted to or from computer software including but not limited to systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment This endorsement does not change any other provisions of the policy 2014 Liberty Mutual Insurance. includes copynighted material of Insurance Services Office Inc.. with its permission Page 1 of 1 CU 89451014 | 2 |
AUXANO HOLDINGS LLC 8700 MONROVIA ST. STE 310 LENEXA KS 66215 CNI90 04 0112 Insured | 2 |
LOCKTON COMPANIES LLC ATTN REBECCA ROSE 444 W 47 ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer | 2 |
e Libe.f. Mutllltl INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 Z91 467042 080 Renewal of TH7 Z91 467042 089 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address AUXANO HOLDINGS LLC 8700 MONROVIA ST. STE 310 LENEXA KS 66215 The Named Insured is Limited Liability Company Item 2. Policy Period 1072020 to 1072021 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 15000000 General Aggregate Limit 15000000 Products Completed Operations Aggregate Limit 15000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 69969 0 69969 Certified Acts of Terrorism Coverage Total Advance Premium 0 Minimum Retained Premium Issued Code Number Account Number Sub Account Number 10302020 JLS 99935 9 467042 0000 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability Liberty Insurance Corporation IWC7 Z91 467042 070 1072020 to 1072021 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability The First Liberty Insurance ICorporation IAS6 291 467042 050 1072020 to 1072021 1000000 CSL General Liability Liberty Insurance Corporation TB7 291 467042 060 1072019 to 1072020 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Employee Benefits Liability Liberty Insurance Corporation TB7 291 467042 060 1072020 to 1072021 1000000 Each Employee 2000000 Aggregate Ops 72019 to 1072020 In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. 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 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION 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 Auxano Holdings LLC BFCB Acquisition LLC Boyle s Famous Corned Beef LLC Hausman Foods LLC HFA Acquisition LLC National Steak Processors LLC LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 000201 18 Commercial Liability Umbrella Declarations LCU 990501 18 Declarations Extension Named Insured LCU 00010118 Commercial Liability Umbrella Coverage Form LCU 026901 18 Kansas Changes Cancellation And Nonrenewal LCU 02750118 Earlier Notice of Cancellation Provided By Us LCU 04110118 Crisis Management Coverage LCU 21010118 Communicable Disease Exclusion LCU 21190118 Silica or Silica Related Dust Exclusion LCU 21470118 Damage First Occurring Prior To Policy Period Exclusion LCU 21700118 Professional Liability Exclusion Including But Not Limited To Specified Operations LCU 217906 18 Unlawful Discrimination Exclusion LCU 21800118 Radioactive Matter Exclusion LCU 21850118 Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception LCU 2409 09 19 Foreign Liability Limitation LCU 250901 18 Non Cumulation Of Liability Same Occurrence LCU 26010118 Total Pollution Exclusion LCU 29100118 Insured Contract Definition Amendment Extent Permitted By Law LCU 600501 18 Certified Acts of Terrorism Exclusion LCU 990801 18 Knowledge Of Occurrence LCU 9916 01 18 Notice Of Cancellation To Third Parties SNI 04 0101 20 Liberty Mutual Group California Privacy Notice SNI 90 02 01 20 Policyholder Disclosure TRIA LIL90 0506 13 Participating Provision Page1of1 For attachment to TH7 291 467042 080 | 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 VIl 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 26 | 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. 2. 4. The first named insured is an insured. 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. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and adverti ng injury LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 26 | 1 |
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 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 26 | 1 |
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