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POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 2436 1205 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 fol lowing 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 be cause 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 opera tions 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 occur rence. 5. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all ultimate net loss because of all personal and advertising in jury sustained by any one person or organization. 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 addi tional period of less than 12 months. In that case the additional period will be deemed part of the last pre ceding period for purposes of determining the Limits of Insurance. Of Insurance is replaced by the urance shown in the Declarations of this endorsement and the fol e most we will pay regardless of suits brought or number of CU 2436 1205 ISO Properties Inc. 2005 Page 1 of 1 a | 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.2 Pollution This exception does not apply at or from any oil gas lease 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. 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 is an Insured is amended by adding the following Paragraph 1. b.1ai i 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 CUT2767 14 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. CUT2767 14 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 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 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 050114 to 050115 Policy Number 437 31 80915 weooo o DT T TTL NAMED INSURED PRODUCER BEATRICE SCRAP PROCESSING LOCKTON COMPANIES LLC INC. 1015 N 98TH ST STE 101 301 MARKET ST OMAHA NE 68114 2357 BEATRICE NE 68310 3810 AGENT AB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR Insured is CORPORATION METAL SCRAP DEALER The Following Claims Made Coverage Applies Excess Employee Benefit Liability. Please Read Your Policy Carefully. Each Occurrence Limit Liability Coverage 3000000 Personal Advertising Injury Limit 3000000 Any one person or organization Aggregate Limit Liability Coverage 3000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU02080900 CU04031207 CU21130413 CU21230202 CU21300108 CU21360108 CU24030900 CU24140900 CU7001A0405 CU72690806 CU72720806 CU72731210 CU72761213 CU72930806 CU7404.11008 CU74311008 CU74381109 CU83171213 IL7131A0401 I1.8383.50108 IL8384A0108 Date of Issue 032414 BPP FORM CU7000A ED. 01 07 BPP 021314 003 B8 4373189 1501 COMMERCIAL UMBRELLA D Policy Period From 050114 to 050115 INC. 1015 N 98TH ST STE 101 301 MARKET ST OMAHA NE 68114 2357 BEATRICE NE 68310 3810 AGENT AB 8210 AGENT PHONE 402 970 6100 The F Liabi ess Employee Benefit serage 3000000 3000000 3000000 A 100 MIN Forms Applicable CU00010413 CU02080900 CU04031207 CU21130413 CU21230202 CU21300108 CU21360108 CU24030900 CU24140900 CU7001A0405 CU72690806 CU72720806 CU72731210 CU72761213 CU72930806 CU7404.11008 CU74311008 CU74381109 CU83171213 IL7131A0401 I1.8383.50108 IL8384A0108 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 31 89 15 BEATRICE SCRAP PROCESSING EFF DATE 050114 EXP DATE 050115 A POLICY S ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM CU0208 09 00 NE CHANGES CANCELLATION AND NONRENEW CU0403 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE s 0 RETAINED LIMIT 3000000 EACH EMPLOYEE 3000000 AGGREGATE RETROACTIVE DATE 05011998 CU2113 04 13 AMENDMENT OF LIQUOR LIABILITY EXCL Cu2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2403 09 00 WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION BLANKET WHERE REQUIRED BY WRITTEN CONTRACT CU2414 09 00 FELLOW EMPLOYEE AUTO COVERAGE CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED CU7269 08 06 AGG LIMIT PER LOC AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU7273 12 10 AUTO LIABILITY FOLLOW FORM CU7276 12 13 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU8317 12 13 IMPORTANT NOTICE TO POLICYHOLDER IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 s 19 PREMIUM BEYOND 123114 10 IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 032414 FORM IL7131A ED. 04 01 BPP 003 B8 4373189 1501 EDITION CU2113 cu2123 CU2130 CU2136 CU2403 Cu2414 CU7001A CU7269 Ccu7272 Cu7273 Cu7276 CU7293 CU7404.1 CU7431 CU7438 Ccu8317 IL7131A IL8383.5 IL8384A 09 00 12 07 04 13 02 02 01 08 01 08 09 00 09 00 04 05 08 06 08 06 12 10 12 13 08 06 10 08 10 08 11 09 12 13 04 01 01 08 01 08 NE CHANGES CANCELLATION AND NONRENEW EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE 0 RETAINED LIMIT 3000000 EACH EMPLOYEE 3000000 AGGREGATE RETROACTIVE DATE 05011998 AMENDMENT OF LIQUOR LIABILITY EXCL NUCLEAR ENERGY LIAB EXCL BROAD FORM CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION BLANKET WHERE REQUIRED BY WRITTEN CONTRACT FELLOW EMPLOYEE AUTO COVERAGE SCHED OF PRIMARY INS AUTOMATED AGG LIMIT PER LOC AGG FOR PREM OPS ASBESTOS EXCLUSION AUTO LIABILITY FOLLOW FORM COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM AMENDMENT OF EMPLOYEE BENEFITS PROG CONTRACTORS OCCURRENCE DEFINITION IMPORTANT NOTICE TO POLICYHOLDER COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE w o | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 31 89 15 BEATRICE SCRAP PROCESSING EFF DATE 050114 EXP DATE 050115 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 032414 FORM IL8384A 01 08 BPP 003 B8 4773189 1501 BEATRICE SCRAP PROCESSING EFF DATE 050114 EXP DATE 0501 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 31 89 15 BEATRICE SCRAP PROCESSING EFF DATE 050114 EXP DATE 050115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDUTLE Terrorism Premium Certified Acts A. Premium through end of year 123114 19.00 B. Premium beyond the date specified above 10.00 Refer to paragraph D. below A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under that Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However 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. C. CAP ON INSURER PARTICIPATION IN 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 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. D. PREMIUM BEYOND THE YEAR SPECIFIED IN THE SCHEDULE ABOVE The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the Schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the Schedule shall be attributable to coverage for terrorism acts certified under the act. If the Federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B of the schedule shall be attributable to that coverage for terrorism. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 032414 continued FORM IL8383.5 01 08 BPP 003 B8 4373189 1501 This disclo disclosure This disclo and conditi T E Terrorism A. Prem B. Prem Ref A. DISCLOSUI In accor required your pre certifie to such the poli B. DISCLOSU The Unit a share federal insured However certifie in a Pro not make that exc C. CAP ON II If aggre under th Program insurer not be 1 losses tl up to th with pro D. PREMIUM I The prem based in losses a federal the end unless e is exten attribut. If the Fo coverage the cove attribut. o your policy in response to the le Terrorism Risk Insurance Act. 1 t any coverage or change the terms je under the policy. d Acts year 123114 19.00 e specified above 10.00 below jeral Terrorism Risk Insurance Act we are th a notice disclosing the portion of ibutable to coverage for terrorism acts The portion of your premium attributable in the schedule of this disclosure or in ICIPATION IN PAYMENT OF TERRORISM LOSSES nt Department of the Treasury will pay s insured under the federal program. The f that portion of the amount of such is the applicable insurer retention. ired losses attributable to terrorist acts IN PAYMENT OF TERRORISM LOSSES attributable to terrorist acts certified surance Act exceed 100 billion in a ugh December 31 and we have met our. Terrorism Risk Insurance Act we shall 1 t of any portion of the amount of such lion and in such case insured losses t to pro rata allocation in accordance by the Secretary of the Treasury. IFIED IN THE SCHEDULE ABOVE ts of terrorism coverage is calculated participation in payment of terrorism ferrorism Risk Insurance Act. The by the Act is scheduled to terminate at d in the Schedule of this endorsement al government. If the federal program wn in B in the Schedule shall be terrorism acts certified under the act. nates your policy will still contain sm unless you have elected to exclude shown in B of the schedule shall be je for terrorism. | 2 |
A EMC Insurance Companies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 31 89 15 BEATRICE SCRAP PROCESSING EFF DATE 050114 EXP DATE 050115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 032414 FORM IL8383.5 01 08 BPP 003 B8 4773189 1501 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J73189 15 BEATRICE SCRAP PROCESS Eff Date 050114 Exp Date 050115 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 4E73189 Policy Period 050114 to 050115 Minimum Applicable Limits Each Accident 1000000 Commercial General Liability Company Employers Mutual Casualty Company Policy Number 4D73189 Policy Period 050114 to 050115 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate Employers Liability Company Employers Mutual Casualty Company Policy Number 4H73189 Policy Period 050114 to 050115 Minimum Applicable Limits Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease 500000 Each Accident 500000 Each Employee 500000 Policy Limit w o Date of Issue 032414 BPP FORM CU7001A ED. 04 05 BPP 021314 003 B8 4373189 1501 BEATRICE SCRAP PROCESS Eff Date 050114 Exp Date 0501 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 4E73189 Policy Period 050114 to 050115 Minimum Applicable Limits Each Accident 1000000 e 3 Company Employers Mutual Casualty Company Policy Number 4D73189 Policy Period 050114 to 050115 Occurrence Basis Minimum Applicable Limits General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Employee Benefit Liability WA 2000000 2000000 1000000 1000000 1000000 Each Employee 2000000 Aggregate B 500000 Each Accident 500000 Each Employee 500000 Policy Limit | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 4J7 31 89 15 BEATRICE SCRAP PROCESS Transaction Renewal01 Prior Pol 4J7 31 89 TRANSACTION INFORMATION Policy Term 05012014 to 05012015 Trans Date 05012014 Account Name BEATRICE SCRAP PROCESS CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method A Audit Frequency N Profit Share Y SIC 5093 Account Original Eff Date 05011998 Type of Policy Monoline 10 Trans Premium 2906.00 Policy ID BC Commission 15.0 Premium 2906.00 Account Domicile State NE Date of Issue 032414 BPP STAT UM BPP 021314 003 B8 4373189 1501 BEATRICE SCRAP PROCESS TRANSACTION INFORMATION. Date 05012014 Agent A B8210 am ng Method A t Share Y Policy Term 05012014 to 05012015 Account Name BEATRICE SCRAP PROCESS Account Mailing State NE Financing N Audit Frequency N SIC 5093 Account Original Eff Date 05011998 Policy ID BC Commission 15.0 nium | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance 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 under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of 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 occur. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others 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 or entrustment to others 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 50 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 aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above 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 above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a 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.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18 | 1 |
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 rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. 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. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 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 4 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. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 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. Material Published With Knowledge Of Falsity 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. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion 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. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product 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. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii 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 personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. 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 rendering of or failure to render any professional service. 16 War However caused 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law 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 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 that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest 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 the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
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 0208 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2.a. If this policy has been in effect for 60 days stating the reasons for cancellation at or less we may cancel this policy for any least reason. 1. 10 days before the effective date of b. If this policy has been in effect for more cancellation.f we cancel for nonpay than 60 days or if this is a renewal of a ment of premium or policy we issued we may cancel this pol 2. 60 days before the effective date of icy only for one or more of the following cancellation if we cancel for any other reasons reason. 1 Nonpayment of premium 3. We will mail our notice by first class mail to i i the first Named Insured s last mailing address 2 The policy was obtained through mate known to us. 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 notice of cancellation will be sent by regis tered or certified mail. rial 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 sub stantially increased Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 6 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. B. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow C. 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 nonpay ment 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 first class mail to the first Named Insured s last mailing address known to us. 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 notice of cancellation will be sent by regis tered or certified mail. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow ing 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 expira tion date of this policy. CU 0208 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 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 CU21130413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces Exclusion c. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol 2 3 b This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity or 4 Permit any person to bring any alcoholic beverages on your premises for consumption on your premises. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. CU21130413 Insurance Services Office Inc. 2012 Page 1 of 1 | 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 21300108 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 If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance 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 ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance 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. CU 21300108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 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 pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism 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 dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 2136 0108 ISO Properties Inc. 2007 Page 10of 1 m | 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 |
COMMERCIAL LIABILITY UMBRELLA CU 24140900 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE AUTO COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided for the ownership maintenance or use of covered autos the Coverage Form is modified as follows Paragraph 2.b.6 contained in Section Il Who Is An Insured does not apply. CU 241409 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 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. 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 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOW FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1 of exclusion f. Auto Coverages under Section Coverages Coverage A Bodily Injury and Property Damage Liability is replaced by the following 1 Bodily injury and property damage arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto unless coverage is provided by the insurance specifically listed on the Schedule of underlying insurance. In the event that the coverage provided by this policy applies to liability arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto then the coverage provided by this policy will not be broader than the coverage provided by the insurance specifically listed on the Schedule of underlying insurance. This exclusion does not apply to parking of an auto on or in the ways next to premises you own or rent provided the auto is not owned by rented or loaned to you. CU727312 10 Page 1 0f 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.2 Pollution This exception does not apply at or from any oil gas lease 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. 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.. Section Il Who is an Insured is amended by adding the following 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai i 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 CUT27612 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f2 | 2 |
G. Cond H. Cond 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 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 a. 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 a. We will compute all premiums for this coverage part in accordance with our rules and rates. b. 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. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all underlying insurance and the self insured retention whichever applies. 24. 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. 25. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. The following definitions under Section V Definitions are amended as follows 2. Auto item b. is deleted. 12. Mobile Equipment The last paragraph regarding mobile equipment subject to compulsory and financial responsibility law or other motor vehicle insurance law is deleted. CUT27612 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 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 |
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 20122013 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. 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 THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Form applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Form applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. Il. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permit ting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damag es because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. 4. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previous ly added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy. Ccu831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5 | 2 |
5. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 6. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional in sured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the owner ship maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee. 7. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. 1ISO MULTISTATE ENDORSEMENTS BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU0402 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Druggists Endorsement CU2220 is revised to introduce an exception with respect to the administering of vaccinations. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Exclusion Cross Suits Liability Endorsement CU2126 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy. Amendment Of Personal And Advertising Injury Definition Endorsement CU2413 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU2108 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU2126. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2115 Exclusion Financial Services CU2175 Exclusion Insurance And Related Operations CU2218 Optical And Hearing Aid Establishments Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 2 of 5 | 2 |
CU2220 Druggists CU2263 Druggists Broadened Coverage CU2284 Exclusion Testing Or Consulting Errors And Omissions CU2285 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU2286 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain profes sional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2141 Exclusion Counseling Services CU2149 Exclusion Professional Veterinarian Services CU2159 Exclusion Diagnostic Testing Laboratories CU2268 Exclusion Professional Services Blood Banks CU2283 Professional Liability Exclusion Computer Software CU2293 Professional Liability Exclusion Computer Data Processing CU2294 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU2209 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU2429 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU2430 and Limited Contractual Liability Railroads Endorsement CU2431 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. 7. Underlying Claims made Coverage Endorsement CU2700 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU2710 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU0403. EMC MULTISTATE ENDORSEMENTS OTHER CHANGES 1. Commercial Amendment of Coverage Endorsements CU7276 and CU7276.1 have been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within these endorsements as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph N. new Paragraph D. is the same as former Paragraph ew Paragraph F. is the same as former Paragraph P. new Paragraph H. is the same as former Paragraph J. new Paragraph I. is the same as former Paragraph L. and new Paragraph J. is the same as former Paragraph M. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. CU831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5 Page 30f 5 | 2 |
We have removed the Professional Services Exclusions formerly Paragraphs G. and 1. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. 2. Commercial Amendment of Coverage Endorsement CU7276.3 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph B. is the same as former Paragraph M. new Paragraph C. is the same as former Paragraph N. new Paragraph E. is the same as former Paragraph O. new Paragraph G. is the same as former Paragraph I. new Paragraph H. is the same as former Paragraph K. new Paragraph. is the same as former Paragraph L. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph E.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs F. and H. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph G. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. EMC STATE SPECIFIC ENDORSEMENTS OTHER CHANGES Commercial Umbrella Amendment of Coverage Wisconsin Schools CG7276.4 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph I. new Paragraph D. is the same as former Paragraph O. new Paragraph E. is the same as former Paragraph P. new Paragraph G. is the same as former Paragraph Q. new Paragraph H. is the same as former Paragraph L. new Paragraph I. is the same as former Paragraph K. new Paragraph J. is the same as former Paragraph M. and new Paragraph K. is the same as former Paragraph N. Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 4 of 5 | 2 |
We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs G. and J. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. Includes copyrighted material of ISO Properties Inc. with its permission. Ccu831712 13 Page 50f 5 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDULE Terrorism Premium Certified Acts A. Premium through end of year 1231 B. Premium beyond the date specified above Refer to Paragraph D. in this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations.. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However 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. 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 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. Premium beyond the year specified in the schedule above The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the schedule shall be attributable to coverage for terrorism acts certified under the Act. If the federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B in of the schedule shall be attributable to that coverage for terrorism. The following is required as part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. 1L8383.51 08 Page 10f 1 | 2 |
CARROLS RESTAURANT GROUP INC. 968 JAMES STREET SYRACUSE NY 13217 6969 CNI90 04 0112 Insured | 2 |
Libe f. Mutlrlgi. INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 681 041343 861 Renewal of TH7 681 041343 860 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address CARROLS RESTAURANT GROUP INC. 968 JAMES STREET SYRACUSE NY 13217 6969 The Named Insured is Corporation Item 2. Policy Period 1012021 to 1012022 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 322605 0 322605 154 528 0 Certified Acts of Terrorism Coverage Total Advance Premium KY Firefighters Surcharge KY Municipal Tax Minimum Retained Premium Issued Code Number Account Number Sub Account Number PP 1282021 99935 8 041343 0003 LCU 00020118 2017 Liberty Mutual Insurance Page 1 0of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability LM Insurance Corporation 1012021 to 1012022 WA5 68D041343 241 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability Liberty Mutual Fire Insurance ICompany 1012021 to 1012022 IAS2 681 041343 011 1000000 CSL General Liability Liberty Mutual Fire Insurance ICompany 1012021 to 1012022 TB2 681 041343 361 1000000 Each Occurrence 25000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Aircraft Liability Endurance American Insurance 10000000 Each Occurrence ICompany 1012021 to 1012022 INAN6037075 Excess Employers Midwest Employers Casualty 1000000 Each Accident Liability OH Company 1000000 Policy Limit 1012021 to 1012022 1000000 Each Employee XS of SIR EWC008252 400000 Self Insured Retention Employee Benefits Liberty Mutual Fire Insurance 1000000 Each Employee Liability ICompany 1000000 Aggregate 1012021 to 1012022 TB2 681 041343 361 Employers Liability New CFH LLC Starr Indemnity Liability ICompany 1012021 to 1012022 100 0003479 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Employers Liability MA Liberty Insurance Corporation 1012021 to 1012022 WA7 68D041343 871 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. ps XS of SIR These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by N oo Authorized Company Representatit LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
LOCKTON COMPANIES LLC ATTN ANITA COX 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Carrols Restaurant Group Inc. New CFH LLC Carrols Holdco Inc. Carrols Restaurant Group Inc. Carrols LLC Carrols Corporation Health and Welfare Benefits Plan Carrols Corporation Retirement Savings Plan Republic Foods Inc. LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00020118 LCU 990501 18 LCU 00010118 LCU 02 06 06 20 LCU 02750118 LCU 04070118 LCU 04110118 LCU 04300118 LCU 21010118 LCU 21470118 LCU 21480118 LCU 21850118 LCU 240909 19 LCU 25130118 LCU 26 1301 18 LCU 29090118 LCU 32040118 LCU 32050118 LCU 32320118 LCU 321300118 LCU 321310518 LCU 600501 18 LCU99 16 01 18 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Commercial Liability Umbrella Coverage Form New York Changes Cancellation And Nonrenewal Earlier Notice of Cancellation Provided By Us Professional Health Care Services By Employees or Volunteer Workers Coverage Crisis Management Coverage Alienated Premises Coverage Communicable Disease Exclusion Damage First Occurring Prior To Policy Period Exclusion Scheduled Endorsement Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Foreign Liability Limitation Unimpaired Aggregate Pesticide Or Herbicide Applicator Pollution Limitation Products Completed Operations Hazard Redefined New York Changes New York Transfer Of Duties When A Limit Of Insurance Is Used Up New York Changes Silica Or Silica Related Dust Exclusion New York Changes Fungi or Bacteria Non Employment Discrimination Limitation Certified Acts of Terrorism Exclusion Notice Of Cancellation To Third Parties Page 10f 2 For attachment to TH7 681 041343 861 | 2 |
LMU 04 3205 18 EN 9009 01 10 SNI 04 010120 SNI90 020120 LIL90 07 10 13 Fungi or Bacteria Limitation Kentucky Notice to Policyholders Liberty Mutual Group California Privacy Notice Policyholder Disclosure Terrorism Risk Insurance Act Signature Page Page 2 0f 2 For attachment to TH7 681 041343 861 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear refer to SECTION VII DEFINITIONS. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 24 | 0 |
If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. The first named insured is an insured. 2. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. Alimited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. Anorganization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 4. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business LCU 00010118 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 24 | 1 |
b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 24 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. In the event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 24 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. fthe applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
h. 18. Personal and Adverti Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. ing Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Avrising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Avrising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement i. Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting j Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodil jury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate a. b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 24 | 1 |
22 23. 24. d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 24 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy may be amended only by a written endorsement to this policy issued by us. Duties in the Event of Occurrence Claim or Suit a. You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 8. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 1. 12. 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 24 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. Ifany insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 24 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 24 | 1 |
b. Your fuffilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 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 I That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or s Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 24 | 1 |
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 24 | 1 |
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence b. Personal and adve ng Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and adverti injury. g injury will be considered personal and advertising Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
22 23. 24. 25. 26. 27. 28. b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodil jury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means 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. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of a. The total applicable limits of the underlying insurance plus any other insurance available to the insured or b. The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. 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. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I If you are an individual and a covered auto you own is predominantly used for nonbusiness purposes Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following ENDING THIS POLICY A. Cancellation 1. You may cancel the entire policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel the entire policy for any reason provided we mail you notice within this period. If we cancel for nonpayment of premium we will a. Mail you at least 15 days notice and b. Inform you of the amount due. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. If we cancel for any other reason we will mail you a least 20 days notice. 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform you of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 days notice. c. We replace this policy with another one providing similar coverages and the same limits for a covered auto of the private passenger type. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. This paragraph applies only to renewal policies. d. This policy was obtained through fraud or material misrepresentation. If we cancel for this reason we will mail you at least 20 days notice. e. Any insured made a fraudulent claim. If we cancel for this reason we will mail you at least 20 days notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
C. If one of the reasons listed in this Paragraph 3. exists we may cancel the entire policy. For policies written for a period of more than one year or without a fixed expiration date we may cancel for the reasons in Paragraphs a. through e. above subject to New York Laws only at an anniversary of its original effective date. If we cancel such a policy we will mail you at least 45 but not more than 60 days notice. 4. Instead of cancellation we may condition continuation of this policy on a change of limits or elimination of any other coverage not required by law. If we do this we will mail you notice at least 20 days before the date of the change. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send you any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. Nonrenewal 1. If this policy is written for a period of less than one year and we decide subject to New York Laws not to renew or continue it or to condition renewal or continuation on a reduction of Liability Coverage or elimination of any other coverage we will mail or deliver to you written notice at least 45 but not more than 60 days before the end of the policy period. 2. We will have the right not to renew or continue a particular coverage subject to New York Laws only at the end of each 12 month period following the effective date of the first of the successive policy periods in which the coverage was provided. 3. We do not have to mail notice of nonrenewal if you your agent or broker or another insurance company informs us in writing that you have replaced this policy or that you no longer want it. Mailing of notices We will mail or deliver our notice of cancellation reduction of limits elimination of coverage or nonrenewal to the address shown on the policy. However we may deliver any notice instead of mailing it. If notice is mailed a United States Postal Service certificate of mailing will be sufficient proof of notice. 1. For all policies other than those specified in Section I. of this endorsement Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following A 1. The first named insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation of policies in effect a. 60 days or less We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.a.3 or Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
3 20 days before the effective date of cancellation if we cancel because one or more underlying policies providing primary or intermediate coverage were cancelled where a Such cancellation is based upon Paragraphs A.2.b.1 through A.2.b.8 below and b Such policies are not replaced without lapse. b. For more than 60 days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first named insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first named insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against 3 Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim 4 After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period s Material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed 6 Cancellation is required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code Suspension or revocation during the required policy period of the driver s license of any person who continues to operate a covered auto other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation or 9 Cancellation of one or more of the underlying policies providing primary or intermediate coverage where a Such cancellation is based upon Paragraphs 1 through 8 of this Paragraph A.2.b and b Such policies are not replaced without lapse. We will mail or deliver our notice including the reason for cancellation to the first named insured at the address shown in the policy and to the authorized agent or broker. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 | 2 |
However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. Regardless of the number of days this policy has been in effect if a. This policy covers covered autos subject to the provisions of Section 370 of the New York Vehicles and Traffic Laws and b. The Commissioner of the Department of Motor Vehicles deems this policy to be insufficient for any reason we may cancel this policy by giving you notice of such insufficiency 45 days before the effective date of cancellation to permit you to replace this policy. 7. The effective date of cancellation stated in the notice shall become the end of the policy period. 8. Notice will include the reason for cancellation. We will mail or deliver our notice to the first named insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing will be sufficient proof of notice. 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph B.3. below. 2. Conditional renewal If we conditionally renew this policy subject to a. A change of limits b. A change in type of coverage c. A reduction of coverage d. Anincreased deductible e. An addition of exclusion or f. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating retrospective rating or audit we will send notice as provided in Paragraph B.3. below. We may conditionally renew this policy subject to the requirements stipulated by the Maintenance of Underling Insurance Condition 9. of SECTION VI CONDITIONS. Failure to comply with the aforementioned condition as of the expiration date of the policy or 60 days after mailing or delivering the notice of conditional renewal the conditional renewal shall be deemed to be an effective notice of nonrenewal. 3. Notices of nonrenewal and conditional renewal a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs B.1. and B.2. above we will mail or deliver written notice to the first named insured shown in the Declarations at least 30 but not more than 120 days before 1 The expiration date or LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 | 2 |
C. D. 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first named insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph B.3.a. B.3.b. or B.3.c. above by sending the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first named insured during this 60 day period has replaced the coverage or elects to cancel. And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first named insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. f. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph B. above. The last sentence of Paragraph 7. of SECTION Il LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 90 days Except 10 Days for Non Payment of Premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES OR VOLUNTEER WORKERS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 4.a.1d of SECTION Il WHO IS AN INSURED is deleted and replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee or volunteer worker of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury or personal and advertising injury that i Arises out of the providing of or failure to provide professional health care services and ii Occurs in the course of and within the scope of such employee s or volunteer worker s employment by the Named Insured. B. With respect to coverage provided to employees and volunteer workers providing professional health care services the following exclusion is added to SECTION V EXCLUSIONS Professional Health Care Services by Employees and Volunteer Workers Any bodily injury or personal and advertising injury arising out of a. Liability assumed under an insured contract or any other contract or agreement b. Liability arising out of the providing of professional health care services in violation of law c. Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics d. Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or e. Punitive or exemplary damages fines or penalties. C. The following definition is added to SECTION VII DEFINITIONS Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
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