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b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 4 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 26 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. Inthe event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 26 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. 2. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. 3. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. 4. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 6 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 26 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 26 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 5. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 6. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 7. Damage to Your Product Property damage to your product arising out of it or any part of it. 8. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 26 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. If the applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 9 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 26 | 1 |
13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 26 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 26 | 1 |
d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 26 | 1 |
e. h. 18. Personal and Adverti Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. ing Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Arising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 26 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement i. Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting j Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 26 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 26 | 1 |
22 23. 24. d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 26 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 3. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. 4. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. 5. Changes This policy may be amended only by a written endorsement to this policy issued by us. 6. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Page 17 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 26 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 8. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 18 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 1. 12. 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 26 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 20 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 26 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 26 | 1 |
b. Your fuffilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00010118 2017 Liberty Mutual Insurance Page 22 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 26 | 1 |
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. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in 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 23 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 26 | 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 advertising 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 a. 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 Page 24 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 26 | 1 |
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. b. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you 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. 22. Property damage means 23. 24. 25. 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 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 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 25 of 26 | 1 |
29. 30. 31. 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. 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. 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 26 of 26 | 1 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following 4. Cancellation and Nonrenewal The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. 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 or 2 30 days before the effective date of cancellation if we cancel for any other reason. 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 This policy was issued because of material misrepresentation 3 You 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 inception of the 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 reinsurance to meet our needs. We will mail or deliver our notice to the first named insured s last mailing address known to us. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. LCU 02690118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
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 s last mailing address known to us 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 will 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. If cancellation or nonrenewal 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. LCU 02690118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. 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. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 90 days except 10 days for non payment of premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM 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 COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 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 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. 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. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 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 demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU21190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION INCLUDING BUT NOT LIMITED TO SPECIFIED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Professional Liability Any liability arising out of the rendering of or failure to render any professional service. This includes but is not limited to b. m. n. Legal accounting and their related services Preparing approving or failing to prepare or approve plans maps drawings opinions reports surveys field orders change orders designs or specifications Architectural engineering surveying or construction management services including related supervisory or inspection services Real estate stock insurance or financial advisor services including services as an agent or broker Medical surgical dental x ray nursing physical therapy or first aid services treatment advice or instruction Any health neutraceutical diet or therapeutic service treatment advice or instruction Skin enhancement hair removal or replacement body piercing tattoo application or removal tanning or any form of personal grooming and appearance service treatment advice or instruction Any service treatment advice or instruction relating to physical fitness including services in connection with massage cardio vascular fitness body building or physical training programs Optometry optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Services in the practice of pharmacy Law enforcement or firefighting services including inspection services Funeral director services including handling embalming disposal burial cremation or disinterment of dead bodies or remains Veterinary and animal grooming services or Consultation or services in the practice of teaching in an educational institution. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. LCU21700118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Unlawful Discrimination Any liability arising out of unlawful discrimination. LCU 21790618 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Radioactive Matter Any liability arising out of or allegedly arising out of exposure to or the presence of radiation andor radioactive matter whether such pollutants are alone or combined with any other substances or factors whether included in a product or otherwise. This exclusion applies regardless of whether such exposure occurs within or outside a building. As used in this exclusion the definition of pollutants includes but is not limited to radiation andor radioactive matter. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X rays photons nucleons including protons and neutrons and electrons. This exclusion applies whether or not such pollutants have any function in your business operations premises site or location. LCU 21800118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Ill LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising Injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 7. of SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily Injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 25090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 19. of SECTION V EXCLUSIONS is deleted and replaced by the following 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. b. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. LCU 26010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. 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. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any duty to report an occurrence claim or suit under this policy knowledge of an occurrence claim or suit by your agent servant or employee will not in itself constitute knowledge by you unless your executive officer or the employee or other third party designated by you to notify us of an occurrence claim or suit has knowledge of the occurrence claim or suit. LCU 99080118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Email Address or Mailing Address Number of Days Notice Organizations As per Liberty Mutual s Primary GL Policy. 30 days where required As per Liberty Mutual s Primary by contact. GL Policy. Number of Days Notice A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. For you. For example you provide us with data example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04 010120 2019 Liberty Mutual Insurance Page 1 of 6 | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your propert other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose Data Categories Market sell and provide insurance. This includes Identifiers for example Personal Information calculating your premium Protected Classification Characteristics determining your eligibility for a quote Commercial Information confirming your identity and service your Internet or other similar network activity policy Professional or employment related information Inferences drawn from other personal information Risk data Claims data Manage your claim. This includes for example dentifiers managing your claim if any Personal Information conducting claims investigations Protected Classification Characteristics conducting medical examinations Commercial Information conducting inspections appraisals Internet or other similar network activity providing roadside assistance Professional or employment related information providing rental car replacement or repairs Inferences drawn from other personal information Risk data Claims data Day to Day Business and Insurance Operations. dentifiers This includes for example Personal Information creating maintaining customizing and Protected Classification Characteristics securing accounts Commercial Information supporting day to day business and Internet or other similar network activity insurance related functions Professional or employment related information doing internal research for technology Inferences drawn from other personal information development Risk data marketing and creating products and Claims data services conducting audits related to a current contact with a consumer and other transactions SNI104 010120 2019 Liberty Mutual Insurance Page 2 of 6 Characteristics network activity calculating your premium determining your eligibility for a quote confirming your identity and service your policy Characteristics network activity Characteristics network activity Claims data | 2 |
as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for dentifiers example Personal Information detecting security issues Protected Classification Characteristics protecting against fraud or illegal activity and Commercial Information to comply with regulatory and law Internet or other similar network activity enforcement authorities Professional or employment related information managing risk and securing our systems Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement or repairs Claims data help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example Personal Information controls and access rights management Protected Classification Characteristics to evaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or Internet or other similar network activity other sale or transfer of some or all of Professional or employment related information Liberty s assets whether as a going concern Inferences drawn from other personal information or as part of bankruptcy liquidation or similar Risk data proceeding in which personal data held by Claims data Liberty is among the assets transferred exercising and defending our legal rights and positions to meet Liberty contract obligations torespond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Improve Your Customer Experience and Our dentifiers Products. This includes for example Personal Information improve your customer experience our Commercial Information products and service Internet or other similar network activity to provide support personalize and develop Professional or employment related information our website products and services Inferences drawn from other personal information create and offer new products and services Risk data Claims data Analytics to identify understand and manage our Identifiers risks and products. This includes for example Personal Information conducting analytics to better identify Protected Classification Characteristics understand and manage risk and our Commercial Information products Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Customer service and technical support. This dentifiers includes for example Personal Information answer questions and provide notifications Commercial Information provide customer and technical support Internet or other similar network activity Professional or employment related information SNI104 010120 2019 Liberty Mutual Insurance Page 3 of 6 Characteristics network activity Claims data Characteristics network activity Claims data network activity Characteristics network activity. conducing analytics to better idenif understand and manage risk and our products network activity | 2 |
Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates e Service Providers Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Insurers re insurers policy holders and claimants and e As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data was is collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and the categories of personal data about you that we disclosed for a business purpose. Personal Data Commercial Information Claims Data Risk Data SNI104 010120 2019 Liberty Mutual Insurance Page 4 of 6 | 2 |
You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. If more time is needed Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs or their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your rights will not cause Liberty Mutual to Deny you goods or services Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties Provide you a different level or quality of goods or services or e Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. SNI104 010120 2019 Liberty Mutual Insurance Page 5 of 6 | 2 |
Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 SNI104 010120 2019 Liberty Mutual Insurance Page 6 of 6 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1 | 2 |
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION 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. EEEEEEEEE SECRETARY LIL 90 0506 13 2013 Liberty Mutual Insurance. All rights reserved. Page 10of 1 | 2 |
CHA nt Excess I CNA Param Insured Name COMMERCE BANCSHARES INC 922 WALNUT ST TB12 1 KANSAS CITY MO 64106 1802 Policy Number CUE 6072709463 Policy Period 09012020 to 09012021 mbrella Liability Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 310 060692 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name COMMERCE BANCSHARES INC 922 WALNUT ST TB12 1 KANSAS CITY MO 64106 1802 Policy Number CUE 6072709463 Policy Period 09012020 to 09012021 Vwebsite www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Table of Contents T o Page Number TABLE OF CONTENTS 2 POLICYHOLDER NOTICE 3 POLICY DECLARATIONS s 8 POLICY SCHEDULE et 1 POLICY s 13 POLICY ENDORSEMENT Table of Contents Policy No CUE 6072709463 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE ISURE OF PREMI IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form No CNA75532XX 01 2015 Policy No CUE 6072709463 Policyholder Notice Page 1 of 2 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 50 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 6072709463 Policyholder Notice Page 2 of 2 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 50 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 6072709463 Policyholder Notice Page 1 of 1 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 50 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CONTACT INFORMATION MISSOURI IMPORTANT INFORMATION FOR MISSOURI POLICYHOLDERS TO OBTAIN INFORMATION ABOUT YOUR COVERAGE OR TO RECEIVE ASSISTANCE IN RESOLVING A COMPLAINT YOU MAY CALL OR WRITE CNA 530 MARYVILLE CENTRE DRIVE SUITE 310 ST. LOUIS MO 63141 314 317 2300 PREMIUM OR CLAIM QUESTIONS Should you have a question concerning your premium or about a claim you should contact your agent or the company. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Form No CNA76617MO 02 2017 Policy No CUE 6072709463 Policyholder Notice Page 1 of 1 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 50 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice oo S This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 6072709463 Policyholder Notice Page 1 of 1 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 50 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address COMMERCE BANCSHARES INC 922 WALNUT ST TB12 1 KANSAS CITY MO 64106 1802. Policy Information. Producer Information Policy Number 6072709463 Producer Renewal of 6072709463 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 The Continental Insurance Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period 09012020 to 09012021 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 25000000 Aggregate Limit 25000000 Aggregate Products Completed Operations Hazard Limit 25000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention feEiiivu Hilovied. COMMERCE BANCSHARES INC F I UW 709463 ddress ance Company NIES LLC 64112 D060692 Ll 1ses Aggregate Limit 30 nt Expenses Aggregate Limit 10 Form No CNA75501XX 03 2015 Policy No CUE 6072709463 Policy Declarations Page 1 of 3 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 50 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Insurance General Liability Company 6072709477 09012020 to 09012021 Coverages Each Occurrence Limit General Aggregate Limit Per Location no Per Proiect no Limits of Insurance 1000000 2000000 Underlying Insurance Coverages General Liability Each Occurrence Limit Limits of Insurance 1000000 2000000 General Aggregate Limit Per Location no Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 1000000 Auto Liability Combined Single Limit 1000000 National Fire Insurance Company of Hartford 6072709446 09012020 to 09012021 Zurich American Insurance Employers Liability Company WC 0083362 04 01012020 to 01012021 Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6072709463 Policy Declarations Page 2 of 3 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 50 Copyright CNA All Rights Reserved. | 2 |
CHA Underlying Insurer Policy Number Policy Period Note Underlying Insurance Zurich American Insurance Stop Gap Liability Company WC 0083362 04 01012020 to 01012021 CNA Paramount Excess and Umbrella Liability Policy Declarations Coverages Limits of Insurance Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Coverages Limits of Insurance Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Each Occurrence Limit 100000000 American Alternative Aircraft Liability Each Occurrence Limit 100000000 Insurance Corporation 14000190 09012020 to 09012021. Forms Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 78194.00 Premium includes the following amount for Certified Acts of 774 Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com Aircraft Liability rremium U7 Of the At Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Address Form No CNA75501XX 03 2015 Policy No CUE 6072709463 Policy Declarations Page 3 of 3 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 50 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Schedule I SCHEDULE OF FORMS AND ENDORSEME Endorsement Form Name Form Num Number 1 CANCELLATION AND NON RENEWAL ENDORSEMENT CNA62814MO 09 2012 MISSOURI 2 UNDERLYING INSURANCE COVERAGE LIMITATION CNA76492XX 03 2015 ENDORSEMENT POLLUTION EXCLUSION ENDORSEMENT MISSOURI CNA76557MO 03 2015 4 AMENDMENT TO NAMED INSURED CNA88301XX 08 2017 POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 PoOLICY NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICY DECLARATIONS CNA75501XX 03 2015 POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 POLICYHOLDER NOTICE CONTACT INFORMATION CNA76617MO 02 2017 MISSOURI ILITY Form No CNAG2640XX 09 2012 Policy No CUE 6072709463 Policy Schedule Page 1 of 1 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 50 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium 09012020 78194.00 Total Cost 78194.00 Form No CNAB4401XX 12 2015 Policy No CUE 6072709463 Policy Schedule Page 1 of 1 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 50 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy 1 e Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 1 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 50 Copyright CNA All Rights Reserved. | 0 |
CHA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period or b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 2 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 50 Copyright CNA All Rights Reserved. | 1 |
CHA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 3 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured arising out of a. a defect deficiency inadequacy or dangerous condition in your product or your work or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 4 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 50 Copyright CNA All Rights Reserved. | 1 |
CHA CNA Paramount Excess and Umbrella Liability This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law iii. the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or iv. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. ii. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that person b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 5 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. the Insured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 6 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act ii. the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade iii. the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 7 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. at or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. at or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste iii. which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 8 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 9 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy iii. liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 10 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 11 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or iii. an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advertising injury. Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 12 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or ii. presence at any time of silica. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising i ury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 13 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and ii. reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 14 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. ii. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. C. With respect to the Coverage C Crisis Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 15 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 16 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 50 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 17 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 18 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 19 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place ii. the names and addresses of any injured persons and witnesses and iii. the nature and location of any injury or damage arising out of the incident. the Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b spinal cord injury including but not limited to paraplegia or quadriplegia c loss of any organ d severe disfigurement including but not limited to burns and amputations or e death. if a claim is made against any Insured the Named Insured i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 20 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 21 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 22 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 23 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this c. Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 24 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 50 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 25 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodily injury or property damage arising out of a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer B. Chief Operating Officer C. Chief Financial Officer D. Corporate Secretary E. Treasurer F. Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 26 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 50 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 27 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 28 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 29 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 50 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 30 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 50 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 31 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 50 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. X Chairman of the Board Secretary Secretary Form No CNA75504XX 03 2015 Policy No CUE 6072709463 Policy Page 32 of 32 Policy Effective Date 09012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 50 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND NON RENEWAL ENDORSEMEN MISsSOU Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. B. The Insurer has the right to cancel the policy by mailing or delivering written notice of cancellation to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days prior to the effective date of cancellation if cancellation is for one or more of the following reasons 1. Fraud or material misrepresentation 2. The risk originally accepted has measurably increased 3. Insolvency of the Insurer 4. The Insurer involuntarily loses reinsurance for the policy. C. The Insurer also has the right to cancel the policy for any reason as noted in item B. above. The Insurer must mail or deliver written notice of cancellation to the Named Insured at the last mailing address known to the Insurer at least ten 10 days prior to the effective date of cancellation if the Insurer cancels for non payment of premium or sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other reason. D. All notices of cancellation will state the reason for cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed proof of mailing will be sufficient proof of notice. Il. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund will be 90 of pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. Ill. NON RENEWAL A. The Insurer can non renew the policy by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days prior to the effective date of such non renewal. If notice is mailed proof of mailing will be sufficient proof of notice. B. Like notice of non renewal will state the actual reason for non renewal. Form No CNA62814MO 09 2012 Policy No CUE 6072709463 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 09012020 Endorsement No 1 Page 1 of 2 Policy Page 45 of 50 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Endorsement All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA62814MO 09 2012 Policy No CUE 6072709463 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 09012020 Endorsement No 1 Page 2 of 2 Policy Page 46 of 50 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I NDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Coverage Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions it is amended with the addition of the following new exclusion Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any underlying insurance. In the event of any difference between a. exclusions restrictions limiting terms or conditions in this policy and b. exclusions restrictions limiting terms or conditions in the underlying insurance addressing the same general risk or hazard then the more restrictive provision shall apply. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76492XX 03 2015 Policy No CUE 6072709463 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 09012020 Endorsement No 2 Page 1 of 1 Policy Page 47 of 50 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the sections entitled Coverage A Excess Follow Form Liability Exclusions and Coverage B Umbrella Liability Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions the exclusions entitled Pollution are amended by the addition of the following This Pollution Exclusion applies even if such irritant or contaminant has a function in the Named Insured s business operations premises site or location. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76557MO 03 2015 Policy No CUE 6072709463 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 09012020 Endorsement No 3 Page 1 of 1 Policy Page 48 of 50 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 1 T This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that 1. The section entitled WHO IS AN INSURED is amended as follows a. Paragraph A. is deleted and replaced by the following A. With respect to Coverage A Excess Follow Form Liability 1 Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability 2 Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A Excess Follow Form Liability but only for the same coverage except for limits of insurance afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B Umbrella Liability Entities that are named insureds under the provisions of underlying insurance but only while a Named Insured has management control over the entity during the policy period subject to the following 1 the coverage provided by this insurance to such an entity does not apply to a bodily injury or property damage that occurred or b personal and advertising injury caused by an incident first committed before a Named Insured has management control or after a Named Insured ceases to have management control and 1 no person or organization is a Named Insured a with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not covered by this endorsement as a Named Insured or b if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision management control means a Named Insured e has more than 50 ownership interest in the entity directly or indirectly or e exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following C. With respect to Coverage C Crisis Event Management and Coverage D Key Employee any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No CNAB8301XX 08 2017 Policy No CUE 6072709463 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 09012020 Endorsement No 4 Page 1 of 2 Policy Page 49 of 50 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
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