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d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii 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 ai or ii above. b Property damage to property i Owned occupied or used by ii 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. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 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 Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 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. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
SECTION Il 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 suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part 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 Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit 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. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part 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. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must 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. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
SECTION V 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 web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land 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. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 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 bylaws or any other similar governing document. 8. 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. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. 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 you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. 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. g. 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
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 person or organization is authorized to serve by public authority. 10.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. 11.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 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. 12.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 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 it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.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 c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
15.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. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.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. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.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 occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.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. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.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 organizaton 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. 28.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. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
COMMERCIAL LIABILITY UMBRELLA Cu 02081217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2.a. If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. 6 This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a 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. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a 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. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium CuU 02081217 Insurance Services Office Inc. 2017 Page 1 of 2 | 2 |
notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. Conditon 10. When We Do Not Renew of Section IV Conditions is replaced by the following WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 CuU 02081217 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 04031207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Additional Covered Employee Benefits Programs Limit Of Insurance Retained Limit Each Employee Aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insur ance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any re sultant claim or suit for which we have a duty to defend. But 1 The amount we will pay for ultimate net loss is limited as described in Para graph D. Section lll Limits Of Insur ance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and 3 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. CU 04031207 ISO Properties Inc. 2007 Page 10of 5 a | 2 |
c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or 2 When we make settlement in accor dance with Paragraph 1.a. above or set tlement is made by the underlying in surer with our agreement. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or M ous Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. Page 2 of 5 ISO Properties Inc. 2007 CU 04031207 o | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section 11 Who Is An Insured are replaced by the follow ing 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employ ees having proper temporary authoriza tion to administer your employee bene fit program if you die but only until your legal representative is appointed. 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 endorsement. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organiza tion. However 1 Coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. 2 Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underlying insurance with a policy period that is non concurrent with the policy period of this endorsement the retained limit will only be reduced or exhausted by claims for that in surance that are made during the policy period or the Extended Reporting Period of this en dorsement. 3 2. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay re gardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 3. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee bene fit program. 4. Subject to the Aggregate Limit the Each Em ployee Limit is the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a An act error or omission or b A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement 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 of the policy to which this endorsement is attached unless the policy pe riod 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. CU 04031207 ISO Properties Inc. 2007 Page 3 of 5 a | 2 |
E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Com mercial Liability Umbrella Conditions is re placed by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 2 4 F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replace any similar Section in that Coverage Part. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. Page 4 of 5 ISO Properties Inc. 2007 CU 04031207 o | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the D ions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 6. and 21. in the Def tions Section are replaced by the following 6. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 21. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. CU 04031207 ISO Properties Inc. 2007 Page 5 of 5 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured 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 organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Nuclear facility means a b Any nuclear reactor 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 packag ing waste Any equipment or device used for the proc essing 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 pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to 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. B. 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 Coverage Part. CuU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21360115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21360115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21710615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.j. Aircraft Or Watercraft under This Paragraph j.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training 2. Exclusions or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance This insurance does not apply to j. Aircraft Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph j.1 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge c Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described in this Paragraph j.2 will follow the same d This Paragraph j.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described in this Paragraph j.2 will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance or b c CU 21710615 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
e Aircraft that is i Chartered by loaned to or hired by you with a paid crew and iij Not owned by any insured. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advel g Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CU 21710615 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 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 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 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. 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 any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. 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 any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 240309 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CU 2403 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 24 09 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions Section is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. How ever 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 b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business per taining to the rental or lease by you or any of your employees of any auto. How ever 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. g. That part of any other contract or agree ment pertaining to your business including an indemnification of a municipality in con nection with work performed for a munici pality under which you assume the tort li ability of another party to pay for bodily injury or property damage to a third per son or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That pertains to the loan lease or rental of 2 an auto to you or any of your employ ees if the auto is loaned leased or rented with a driver or That holds a person or organization en gaged in the business of transporting prop erty by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. CU 2409 03 05 ISO Properties Inc. 2004 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24231207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion s. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability and Exclusion a.15 under Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability do not apply. Coverage provided will follow the provisions exclu sions and limitations of the underlying insurance unless otherwise directed by this insurance. CU 24231207 ISO Properties Inc. 2007 Page 1 of 1 a | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 24360918 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Products Completed Operations Aggregate Limit Of Insurance Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Ill Limits Of Insurance is replaced by the following 1. The Limits Of Insurance shown in the Declarations and the Schedule of this endorsement and the following rules fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage 1 Arising out of the ownership maintenance or use of a covered auto or 2 Included in the products completed operations hazard and b. Coverage B. 3. The Products Completed Operations Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all ultimate net loss under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence. 5. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization. 6. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. The Aggregate Limits as described in Paragraphs 2. and 3. above 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 Limits of Insurance. CU24360918 Insurance Services Office Inc. 2017 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER LOCATION AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Il Limits of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your locations owned by or rented to you. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. CU72698 06 Page 10f 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER PROJECT AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Ill Limit of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your projects away from premises owned by or rented to you. CU72708 06 Page 1 0f 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following paragraph is added to Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions Paragraph i. Pollution This exception does not apply 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 except when the underlying insurance for the pollution liability risks arises from a Business Auto Coverage Form or a Motor Carrier Coverage Form. Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or 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 if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge 3. Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. This endorsement modifies insurance provided under the following To the extent this exclusion does not apply the insurance provided under this Coverage Form for the watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance. Fellow Employee Section Il Who i adding the following Paragraph 1. b.1ai and iii and Paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and an Insured is amended by CU72767 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 2 | 2 |
F. Cond 3 The nature and location of any injury or damage arising out of the occurrence or offense. n 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance G. Cond This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 seffinsurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. We will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. n 6. Premium Audit of Section IV Conditions is replaced by the following 6. Premium Audit We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all 24. 25. underlying insurance and the self insured retention whichever applies. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. CU72767 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 0of 2 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS OR DIRECT APPLIED EXTERIOR FINISH SYSTEMS COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the design manufacture construction fabrication preparation distribution and sale installation application alteration maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or direct applied exterior finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system.. The following definitions are added to the Definitions Section Exterior Insulation and Finish System means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene or other materials This endorsement modifies insurance provided under this the following 2. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. Direct Applied Exterior Finish System means a non load bearing system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid substrate such as Durock or other materials 2. The adhesive andor mechanical fasteners used to attach the substrate to the structure 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CUT40510 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION COMMERCIAL LIABILITY UMBRELLA COVERAGE ENDORSEMENT A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CU0403 is replaced by the following Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise 4. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. CUT43110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUT43811 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The Transfer of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with the person or organization and included in the products completed operations hazard. CUT46012 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section Ill Limits of Insurance We will not pay more on behalf of the additional insured than the lesser of 1. The Limits of Insurance required in a written contract on a non contributory basis for such additional insured but only to the extent the required Limits of Insurance are in excess of the underlying insurance or 2. The Limits of Insurance available after the payment of ultimate net loss on any insured s behalf from any claim or suit. This provision is included within and does not act to increase the Limit of Insurance stated in the Declarations. Coverage will not be broader than the coverage provided by the underlying insurance listed in the Schedule of Underlying Coverages.. Paragraph 5. of Section IV Conditions is replaced by the following 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. However 1 This condition will not apply to other insurance specifically written as excess over this Coverage Part. 2 The insurance provided under this Coverage Part is primary to and will not seek contribution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and The total of all deductible and self insured amounts under all that other insurance. 2 CUT4681 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA 2017 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following multistate endorsements which applies to your renewal policy being issued by us. The endorsements may broaden reduce or reinforce coverage under a policy to which they are endorsed and contain other changes as described below. REDUCTIONS OF COVERAGE NEW OPTIONAL ENDORSEMENTS CU2161 Auto Dealers Exclusion Designated Products This endorsement in general excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of the designated products shown in the endorsement Schedule. CU2164 Auto Dealers Exclusion Designated Work In general this endorsement excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of the designated work you performed which is shown in the endorsement Schedule. CU2166 Auto Dealers Exclusion Your Products And Your Work This endorsement generally excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of your products or work you performed. CU2401 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation When this endorsement is attached to your policy the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to provide that such condition does not apply to the person or organization shown in the Schedule but only to the extent that subrogation is waived prior to the accident or the loss under a contract with that person or organization. CU3405 Exclusion Of Federal Employees Using Autos In Government Business This endorsement generally excludes coverage for the United States of America any of its agencies or any U.S. Government employee for bodily injury or property damage resulting from the operation of an auto that results while the employee is acting within the scope of duty and when Section 2679c of the Federal Tort Claims Act requires the U.S. Attorney General to defend the employee in any civil action or proceeding that may be brought for bodily injury or property damage. CU3406 Amphibious Vehicles This endorsement excludes loss to or resulting from the ownership maintenance or use of any type of amphibious vehicle whether or not self propelled. This includes loss to any property or equipment contained in or used with any such vehicle while being launched into used in or beached from the water. CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 | 2 |
REINFORCEMENTS OF COVERAGE EXISTING OPTIONAL ENDORSEMENTS CU2225 Emergency Vehicles Volunteer Firefighters And Workers Injuries Excluded Newly titled Emergency Services Volunteer Firefighters And Workers Injuries Excluded CU2226 Emergency Vehicles Fellow Volunteer Firefighters And Workers Injuries Exclusion Buyback Newly titled Emergency Services Volunteer Firefighters And Workers Injuries Limited Exclusion CU2226 is revised to directly modify the Commercial Liability Umbrella Coverage Part instead of Endorsement CU2225. As a result the exclusion currently contained in CU2225 has been introduced in Endorsement CU2226. Also either CU2225 or CU2226 can be attached to the Policy but not both. In addition the auto specific lead in language was removed to reinforce that the exclusion applies to all bodily injury under Coverage A of the Commercial Liability Umbrella Coverage Part. The revision in general reinforces that coverage for fellow firefighters and other volunteer workers is not excluded. We also deleted both using or maintaining a covered auto to reinforce that bodily injury coverage is only excluded while engaged in volunteer firefighting rescue squad or ambulance corps operations and of the insured to reinforce that the exclusion applies to all emergency services activities in which a volunteer worker is involved regardless whether acting on behalf of the insured. CU2237 Motor Carrier Endorsement These endorsements generally revise the Who Is An Insured Provision to reinforce that consequential injury claims for damages brought by family members of your employees injured by fellow employees are not covered. CU2239 Driving Schools Newly titled Driving Schools Non owned Autos This endorsement is revised to include Non owned Autos in the title and to reformat the table in the Schedule to include a new column for number of owned autos used for driver training. CU2436 Products completed Operations Aggregate Limit Of Insurance This endorsement is revised to add non concurrent wording with respect to the policy period for consistency with the Commercial Liability Umbrella Coverage Form. CU2416 Broad Form Products Coverage Newly titled Auto Dealers Broad Form Products Coverage A lead in has been revised in CU2416 to provide that the provisions of the endorsement apply when the underlying insurance is an Auto Dealers Coverage Form. In addition this form has been revised where appropriate to add references to Auto Dealers or Auto Dealers Coverage Form andor delete references to Garage or Garage Coverage Form. CU2235 Truckers Insurance For Non trucking Use newly titled Motor Carriers Insurance For Non trucking Use CU2238 Truckers Named Lessee As Insured Notice Of Cancellation Newly titled Motor Carriers Named Lessee As Insured Notice Of Cancellation The titles of these endorsements have been revised to replace the reference to Truckers with reference to Motor Carriers. CU7426 CU7426.1 CU7426.2 CU7426.3 CU7426.4 CU7426.5 CU7426.6 CU7426.7 Dealers Endorsement These endorsements generally revise A. Section Bodily Injury And Property Damage Liability to delete the Damage to Property exclusion since the Damage To Property exclusion in the underlying Auto Dealers Coverage Form is similar to the Damage To Property exclusion in the Commercial Liability Umbrella Coverage Form. In addition the reference to garage operations is deleted from the Who Is An Insured Provision. B. Section lll Definitions to revise the definition of insured contract and your product to correspond with the applicable definitions is the underlying Auto Dealers Coverage Form. In addition the last paragraph of the property damage definition has been revised to track similar language in the Commercial Liability Umbrella Form. NEW OPTIONAL ENDORSEMENTS CU7480 Dealers Acts Errors or Omissions Exclusion This endorsement clarifies that there is no coverage under the Commercial Umbrella for damages arising out of an insured Auto Dealer Operations Acts Errors or Omissions. CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 3 | 2 |
OTHER CHANGES EXISTING OPTIONAL ENDORSEMENTS The following endorsements have been editorially revised CU2229 Leasing Or Rental Concerns Schedule Of Limits For Owned Autos CU2235 Truckers Insurance For Non trucking Use Newly titled Motor Carriers Insurance For Non trucking Use CU2236 Truckers Uniform Intermodal Interchange Endorsement Form UIIE 1 CU2237 Motor Carrier Endorsement CU2238 Truckers Named Lessee As Insured Notice Of Cancellation Newly tited Motor Carriers Named Lessee As Insured Notice Of Cancellation CU2239 Driving Schools Newly titled Drive Schools Non owned Autos CU2415 Fellow Employee Auto Coverage For Designated Employees Positions CU2416 Broad Form Products Coverage Newly titled Auto Dealers Broad Form Products Coverage CU2418 Repossessed Autos CU2419 Lessor Additional Insured And Loss Payee CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 3 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US DESIGNATED ENTITY SCHEDULE 1. Name of Entity 2. Mailing Address 3. Number of Days Notice Information required to complete this Schedule if not shown above will be shown in the Declarations. If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than nonpayment of premium notice of such cancellation will be provided to the entity in the Schedule at least the number of days in advance of the cancellation effective date also as shown in the Schedule. If notice is mailed proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. Failure to provide such notice to the designated entity will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. 1L73385 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSONS OR ORGANIZATIONS WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than for non payment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to any persons or organizations with whom you have agreed in a written contract or agreement to provide such persons or organizations with a notice of cancellation but only if 1. You have provided the name and address of such persons or organizations to your authorized agent and 2. Your authorized agent provides us with that list within three 3 business days from the date we request it from them. If notice is mailed proof of mailing to the last known mailing address of such persons or organizations will be sufficient proof of notice. Failure to provide such notice to such persons or organizations will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. IL74475 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Insured Name AVENUE 82 LLC Policy Number AUC 0548283 01 Effective Date 12242020 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 61 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A o Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable.. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page 1 of 2 | 2 |
4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page1 of 1 | 2 |
Z ZURICH IMPORTANT NOTICE TO POLICYHOLDERS Amended Definition of Personal and Advertising Injury Coverage B U UMB942 A This is a summary of the major changes in your Commercial Umbrella Liability Policy U UMB103 insurance. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THIS POLICY SHALL PREVAIL. The material in the notice makes reference to form and endorsement numbers however not all forms and endorsements are included in a particular policy. Please consult with your broker for how the change impacts your individual policy as certain coverages may have previously been extended by endorsement. COVERAGE FORMS CAUSES OF LOSS FORMS AND RELATED ENDORSEMENTS Reduction of Coverage Amended Definition of Personal and Advertising Injury Coverage B U UMB942 A Under this endorsement discrimination has been removed as one of the defined offenses within the Personal and advertising injury definition. This reduction in coverage applies to Coverage B only of the U UMB103. U PHN1020 A CW 0319 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy ZURICH Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number AUC 0548283 01 Renewal of Number AUC 0548283 00 1. Named Insured AVENUE 82 LLC Producer LOCKTON COMPANIES LLC 2. Mailing Address 8001 METCALF AVE 444 W 47TH ST STE 900 OVERLAND PARK KS 66204 3844 KANSAS CITY MO 64112 1906 Email Address gTUDTMANNEPCREALESTATE.C Ibarneslockton.com 3. Policy Period From 12242020 To 12242021 at 1201 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance A. 5000000 Occurrence B. 5000000 Other Aggregate C. 5000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 5. Retained Limit 0 Occurrence Retained Limit 0 Occurrence Policy Premium Advance Premium 6161 Policy Minimum Earned Premium 1540 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Important Information Relating to Terrorism U GU630 E CW 0120 Risk Insurance Act Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 D CW 0115 Access Or Disclosure Of Confidential Or Personal U UMB922 A CW 0115 Information Following Form Amended Definition of Personal and Advertising Injury U UMB942 A CW 0319 Coverage B Sanctions Exclusion Endorsement U GU1191 A CW 0315 Kansas Cancellation and Nonrenewal U UMB286 B KS 0410 Exclusion Recording And Distribution Of Material Or U UMB525 F CW 0114 Information In Violation Of Law Umbrella Amendatory Endorsement U UMB906 A CW 0114 Cap on Losses From Certified Acts of Terrorism U GU767 B CW 0115 U UMB D101 C CW U UMB105 A CW U UMB103 C CW U UMB406 D CW U UMB922 A CW 0310 0799 0310 0115 0115 U UMB942 A CW 0319 0315 0410 0114 U GU1191 A CW U UMB286 B KS U UMB525 F CW U UMB906 A CW U GU767 B CW 0114 0115 U UMB104 A CW 0799 Page 1 of 1 | 2 |
ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage A. Company ZURICH AMERICAN INSURANCE COMPANY Policy No CPO0626153 01 Term 12242020 to 12242021 Commercial General Liability 1000000 1000000 2000000 2000000 1000000 Premises Each Occurrence Products Completed Ops Each Occurrence Products Completed Operations Aggregate General Aggregate Personal Injury Advertising Injury Term 12242020 to 12242021 U UMB105 A CW 0799 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control s a0 0w That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in ltem 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1000000 Products Completed Operations Aggregate Retained Amount 2000000 Other Aggregate Retained Amount 2000000 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 1 of 2 | 2 |
2. In those circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds c. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work Costs taxed against the insured in the suit Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. In those circumstances where paragraph B.1. of this endorsement does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of paragraph B.1. of this endorsement we will pay any expense incurred with our consent. C. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or E. Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. 2. 3. 4. To be an act of terrorism To be a violent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 2 of 2 | 2 |
Endorsement 02 Z ZURICH Access Or Disclosure Of Confidential Or Personal Information Following Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Paragraph A. 4. of SECTION IV. EXCLUSIONS is deleted B. The following is added to Paragraph C. of SECTION IV. EXCLUSIONS Under Coverage B this policy does not apply to any liability damage loss cost or expense ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION Arising out of a. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB922 A CW 0115 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Amended Definition of Personal and Advertising Injury Z Coverage B ZURICH Policy No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUC 0548283 01 Effective Date 12242020 This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Paragraph C.12. Personal and advertising injury under SECTION V. DEFINTIONS is replaced by the following 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. d. e. f. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringement upon another s copyright trade dress or slogan in your advertisement. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in Items 12.a. through 12.g. above. B. Solely with respect to this endorsement Paragraph C.5.J. of the Personal and advertising injury exclusion under SECTION IV. EXCLUSIONS is replaced by the following i Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. and c. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j. 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 All other terms conditions provisions and exclusions of this policy remain the same. U UMB942 A CW 0319 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 03 Z ZURICH Sanctions Exclusion Endorsement Policyholder AVENUE 82 LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 10f 1 | 2 |
ZURICH Kansas Cancellation and Nonrenewal Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 JEE JEE Named Insured Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION V1. CONDITIONS A. 4. Cancellation and Nonrenewal a. Cancellation paragraph 2 is deleted and replaced with the following 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you at the address shown on your policy not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reason for the cancellation and when the cancellation is to take effect. a If this policy has been in effect for less than ninety 90 days and it is not a renewal of a policy we issued we may cancel this policy for any reason. b If this policy has been in effect for ninety 90 days or more or if this policy is a renewal of a policy we issued we may cancel this policy for one or more of the following reasons Nonpayment of premium This policy was issued because of material misrepresentation You or any other insured violated any of the material terms and conditions of this policy iv. Unfavorable underwriting factors specific to you exist that were not present at the inception of this policy V. 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 vi. A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal 1 If we decide not to renew this policy we will mail or deliver notice of nonrenewal including the reasons therefore at least sixty 60 days before the expiration date of this policy. Such notice will be mailed or delivered to you at the mailing address last known to us. If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB286 B KS 0410 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 04 Z ZURICH Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 05 ZURICH Umbrella Amendatory Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0548283 01 12242020 12242021 12242020 37385000 Named Insured and Mailing Address Producer AVENUE 82 LLC 8001 METCALF AVE OVERLAND PARK KS 66204 3844 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 06 Z ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number AVENUE 82 LLC AUC 0548283 01 12242020 06 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
CNA I CNA Paramount Excess mbrella Liability Insured Name Producer Information MUFG CAPITAL ANALYTICS LLC LOCKTON COMPANIES LLC 1114 AVENUE OF THE AMERICAS 444 W 47TH ST 26TH FLOOR STE 900 NEW YORK NY 10036 7773 KANSAS CITY MO 64112 Policy Number Producer Processing Code CUE 6018520218 310 060692 Policy Period CNA Branch 06012017 to 11302017 KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 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 300000 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 Contact www.ogilvypr.com Mike Hatcliffe Ogilvy Public Relations mike.hatcliffeogilvy.com Phone 312 397 6010 httplevick.com Eric A. Lundberg Levick elundbergIlevick.com Phone 202 973 1352 httpfleishmanhillard.com Marianna Deal Fleishman Hillard marianna.dealfleishman.com Phone 314 982 9112 Insured Name MUFG CAPITAL ANALYTICS LLC 1114 AVENUE OF THE AMERICAS 26TH FLOOR NEW YORK NY 10036 7773 Policy Number CUE 6018520218 Policy Period 06012017 to 11302017 Phone 312 397 6010 httplevick.com Phone 202 973 1352 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Table of Contents I TABLE OF CONTEN TABLE OF CONTENTS POLICYHOLDER NOTICE POLICY DECLARATIONS POLICY SCHEDULE POLICY POLICY ENDORSEMENT Page Number 2 Table of Contents Policy No CUE 6018520218 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability If the risk is classified as a Class 1 or Class 2 the following Notice applies NOTICE THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. If the risk is classified as a Class 3 the following Notice applies NOTICE THESE POLICY FORMS ARE NOT SUBJECT TO THE APPROVAL REQUIREMENTS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. NOTICE THE EXEMPT FF INSURANCE RATES MUST If the risk is. RATES ARE NEW YORK FORMS AND IE NEW YORK e applies FILING REUUIRENIENTO UF THE NEVW TURRK INOURANCUE LAVY AND REGULATIONS. HOWEVER THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class Code 2 Class 2 Classification Code 2 13000 Form No CNA72342NYFTZ 01 2013 Policyholder Notice Page 1 of 1 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 3 of 53 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE CLOSURE 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 6018520218 Policyholder Notice Page 1 of 2 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 4 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 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 Policyholder Notice Page 2 of 2 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 5 of 53 | 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 6018520218 Policyholder Notice Page 1 of 1 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 6 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I 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 6018520218 Policyholder Notice Page 1 of 1 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 7 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address MUFG CAPITAL ANALYTICS LLC 1114 AVENUE OF THE AMERICAS 26TH FLOOR NEW YORK NY 10036 7773. Policy Information. Producer Information Policy Number 6018520218 Producer Renewal of 6018520218 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 Continental Ins. Co KANSAS CITY MO 64112 333 S Wabash Ave Chicago IL 60604. Policy Period 06012017 to 11302017 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 5000000 Aggregate Limit 5000000 Aggregate Products Completed Operations Hazard Limit 5000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000 i Self Insured Retention 10000. Schedule of Underlying Insurance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Coverages Limits of Insurance Form No CNA75501XX 03 2015 Policy No CUE 6018520218 Policy Declarations Page 1 of 4 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 8 of 53 Copyright CNA All Rights Reserved. eEiiieu Hioviod. MUFG CAPITAL ANALYTICS LLC eV 1O 520218 ddress NIES LLC 64112 0 060692 TR M R T AmeR e Coverages s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Each Occurrence Limit 1000000 Continental Insurance Company 6042602928 06012017 to 11302017 General Liability Each Occurrence Limit General Aggregate Limit 2000000 Per Location yes Per Project no Products Completed Operations Aggregate Limit 2000000 Personal and Advertising Injury Liability Limit 1000000 2000000 ALAE Outside Limits Continental Insurance Company 6042617817 06012017 to 11302017 Auto Liability Combined Single Limit 1000000 ALAE Outside Limits American Casualty Company of Reading Pennsylvania 6024612151 06012017 to 11302017 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 ALAE Outside Limits Underlying Insurer Policy Number Policy Period Note Underlying Insurance Coverages Limits of Insurance Form No CNA75501XX 03 2015 Policy Declarations Page 2 of 4 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 9 of 53 | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Each Occurrence Limit 1000000 Aggregate Limit 2000000 Continental Insurance Company 6042602928 06012017 to 11302017 Employee Benefits Each Occurrence Limit Liability Aggregate Limit Continental Insurance Company WP615000122 06012017 to 06012018 Foreign General Liability Each Occurrence Limit 1000000 2000000 General Aggregate Limit Per Location yes Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 1000000. Forms and Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 3282.00 Premium includes the following amount for Certified Acts of 32 Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Form No CNA75501XX 03 2015 Policy No CUE 6018520218 Policy Declarations Page 3 of 4 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 10 of 53 Copyright CNA All Rights Reserved. Address CNA Claims Reporting P.0. Box 8317 Chicago IL 60680 8317 Address s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Fax Email Address 800 446 8632 HPReportsCNA.com Form No CNA75501XX 03 2015 Policy Declarations Page 4 of 4 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 11 of 53 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Schedule I Endorsement Form Name Form Number Form Edi Number PEI 1 CANCELLATION AND NON RENEWAL ENDORSEMENT CNA62814NY 09 2012 NEW YORK 2 NAMED INSURED ENDORSEMENT CNA75597XX 03 2015 3 TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE CNA76568NY 03 2015 IS USED UP ENDORSEMENT NEW YORK 4 STATE AMENDATORY ENDORSEMENT NEW YORK CNA76599NY 11 2015 NEW YORK FREE TRADE ZONE DISCLOSURE NOTICE CNA72342NYFTZ 01 2013 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 POLICY DECLARATIONS CNA75501XX 03 2015 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 POLICY RED ENDORSEMENT DUTIES WHEN A LIMIT OF INSURANCE NDORSEMENT NEW YORK DATORY ENDORSEMENT NEW YORK CNA75597XX CNA76568NY CNA76599NY CNA76626XX CNA75501XX CNA75504XX 07 2016 03 2015 03 2015 Form No CNA62640XX 09 2012 Policy No CUE 6018520218 Policy Schedule Page 1 of 1 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 12 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
CNA 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 06012017 3282.00 Total Cost 3282.00 Form No CNA84401XX 12 2015 Policy No CUE 6018520218 Policy Schedule Page 1 of 1 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 13 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy o 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 6018520218 Policy Page 1 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 14 of 53 Copyright CNA All Rights Reserved. s. Co 333 S Wabash Ave Chicago IL 60604 | 0 |
CNA 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 Page 2 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 15 of 53 | 1 |
CNA 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 6018520218 Policy Page 3 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 16 of 53 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 Page 4 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 17 of 53 | 1 |
CNA 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 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. 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 perso 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 6018520218 Policy Page 5 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 18 of 53 Copyright CNA All Rights Reserved. | 1 |
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