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CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. the Insured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 6 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 19 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any a. unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 7 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 20 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. ator from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 8 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 21 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 9 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 22 of 53 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy Page 10 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 23 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 11 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 24 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. if the occurrence which caused the bodil providing or failing to provide transportation with respect to any person that may be under the influence of alcohol ury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advel Form No CNA75504XX 03 2015 Policy Page 12 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 25 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or presence at any time of ca. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising injury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 13 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 26 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 14 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 27 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds C. With respect to the Coverage C Cri The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. is Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 15 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 28 of 53 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 16 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 29 of 53 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 29 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy Page 17 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 30 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 18 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 31 of 53 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 31 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 19 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 32 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place the names and addresses of any injured persons and witnesses and the nature and location of any injury or damage arising out of the incident. Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b c d e death. if a claim is made against any Insured the Named Insured spinal cord injury including but not limited to paraplegia or quadriplegia loss of any organ severe disfigurement including but not limited to burns and amputations or i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 20 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 33 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 21 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 34 of 53 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 34 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 22 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 35 of 53 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 35 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 23 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 36 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 24 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 37 of 53 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 25 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 38 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract B. a sidetrack agreement an 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 or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodil of ury or property damage arising out a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer B. Chief Operating Officer C. Chief Financial Officer D. Corporate Secretary E. Treasurer F. Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 26 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 39 of 53 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 39 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy Page 27 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 40 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 28 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 41 of 53 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 41 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 29 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 42 of 53 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 30 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 43 of 53 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 43 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6018520218 Policy Page 31 of 32 Policy Effective Date 06012017 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Policy Page 44 of 53 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 44 of 53 | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary 7 Secretary Form No CNA75504XX 03 2015 Policy Page 32 of 32 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 45 of 53 | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement NEW YORK ENEWAL ENDORSEMEN I CANCELLATION AND N Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insured means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL I. CANCELLATION A. This policy may be canceled by the Named Insured by surrendering it to the Insurer or any of its authorized agents. The Named Insured may also cancel this policy by written notice to the Insurer or the Insurer s licensed agent stating at what future date cancellation is to be effective. B. If this policy has been in effect for sixty 60 days or less this policy may be canceled by the Insurer by mailing or delivering to the Named Insured written notice stating the reason for cancellation at the mailing address shown on the Declarations and to its authorized agent or broker at least 1. Twenty 20 days before the effective date of cancellation if this policy is canceled for any reason not included in paragraph 2. below 2. Fifteen 15 days before the effective date of cancellation if this policy is canceled for any of the following reasons a. Non payment of premium provided however a notice of cancellation on this ground shall inform the Insured of the amount due b. Conviction of a crime arising out of acts increasing the hazard insured against c. Any discovery of fraud or material misrepresentation in the obtaining of this policy or in the presentation of a claim d. After issuance of this 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 e. Material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of this policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time this policy was issued or last renewed f. A determination by the New York State Superintendent of Insurance that continuation of the present premium volume of the Insurer would jeopardize the Insurer s solvency or be hazardous to the interest of the Insurer s policyholders creditors or the public or g. A determination by such Superintendent that the continuation of this policy would violate or would place the Insurer in violation of any provision of the New York Insurance Code C. If this policy has been in effect for more than sixty 60 days or if this policy is a renewal or continuation of a policy issued by the Insurer this policy may be canceled by the Insurer only for any reasons listed in paragraph 2. above provided a written notice stating the reason for cancellation is mailed or delivered to the Named Insured at the address shown in the Declarations and its authorized agent or broker at least fifteen 15 days before the effective date of cancellation. Form No CNAB2814NY 09 2012 Policy No CUE 6018520218 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06012017 Endorsement No 1 Page 1 of 3 Policy Page 46 of 53 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. 04 P P | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement D. Notice of cancellation will state the effective date of cancellation. The policy period will end on this date. If notice is mailed proof of mailing will be sufficient proof of notice. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. NON RENEWAL A. The Insurer can non renew the policy by mailing or delivering written notice to the Named Insured as set forth in paragraph V. at the last mailing address known to the Insurer and to the Named Insured s authorized agent or broker at least sixty 60 days but not more than one hundred and twenty 120 days prior to the effective date of non renewal. If notice is mailed proof of mailing will be sufficient proof of notice. B. Late notice of non renewal will state specific explanation of the reason for non renewal.. CONDITIONAL RENEWAL A. If the Insurer conditions renewal of the policy upon 1. Change of limits 2. Change in type of coverage 3. Reduction of coverage 4. Increased deductible 5. Addition of exclusion 6. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or as a result of experience rating retrospective rating or audit The Insurer shall send notice as provided in paragraph V. below. B. Solely with respect to any liability coverages if the policy is extended pursuant to this paragraph IV the aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with the above. NOTICE A. If the Insurer decides not to renew the policy or to conditionally renew the policy as provided in paragraphs lll. and IV. above the Insurer will mail or deliver written notice to the Named Insured at the address shown in the policy and to the Named Insured s authorized agent or broker at least sixty 60 days but not more than one hundred and twenty 120 days before 1. The expiration date or 2. The anniversary date if this is a continuous policy. B. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will include the specific reason for non renewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. C. If the Insurer violates any of the provisions of this subsection by sending the Named Insured an incomplete or late conditional renewal notice or a late non renewal notice Form No CNAB2814NY 09 2012 Endorsement Effective Date Endorsement Expiration Date Endorsement No 1 Page 2 of 3 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 47 of 53 | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 1. Coverage will remain in effect at the same terms and conditions of the policy at the lower of the current rates or the prior period s rates until sixty 60 days after such notice is mailed or delivered unless the Named Insured during this sixty 60 day period has replaced the coverage or elects to cancel. 2. On or after the expiration date of the policy coverage will remain in effect at the same terms and conditions of the policy for another policy period at the lower of the current rates or the prior period s rates unless the Named Insured during this additional policy period has replaced the coverage or elects to cancel. The Insurer will not send notice of non renewal or conditional renewal if the Named Insured or its authorized agent or broker or another insurer of the Named Insured mails or delivers notice that the policy has been replaced or is no longer desired. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNAB2814NY 09 2012 Endorsement Effective Date Endorsement Expiration Date Endorsement No 1 Page 3 of 3 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 48 of 53 | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under the section entitled WHO IS AN INSURED or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under the section entitled WHO IS AN INSURED The following persons or organizations are Named Insured SCHEDULE Named Insured MUFG CAPITAL ANALYTICS LLC Capital Analytics Il LLC Mitsubishi UFJ Fund Services Holdings Limited MUFG Fund Services US Inc. MUFG Fund Services USA LLC MUFJ Trust and Banking Corporation Rydex Fund Services DGA MUF IS US LLC All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75597XX 03 2015 Policy No CUE 6018520218 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06012017 Endorsement No 2 Page 1 of 1 Policy Page 49 of 53 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. 04 P P | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP ENDORSEME NEW YORK This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY then the following Condition is added Transfer of Duties When a Limit of Insurance Is Used Up 1. If the Insurer concludes that based on occurrences offenses or claims which have been reported to the Insurer and to which this insurance may apply the applicable limit of liability insurance as stated in the Declarations is likely to be used up in the payment of judgments or settlements the Insurer will notify the First Named Insured in writing to that effect. When the applicable limit of liability insurance as stated in the Declarations has actually been used up in the payment of judgments or settlements a. The Insurer will notify the First Named Insured in writing as soon as practicable that i. such a limit has actually been used up and the Insurer s duty to defend suits seeking damages subject to that limit has also ended. b. The Insurer will initiate and cooperate in the transfer of control to any appropriate Insured of all claims seeking damages which are subject to that limit and which are reported to the Insurer before that limit is used up. That Insured must cooperate in the transfer of control of said claims. The Insurer agrees to take such steps as the Insurer deems appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate Insured is cooperating in completing such transfer. The Insurer will take no action whatsoever with respect to any claim seeking damages that would have been subject to that limit had it not been used up if the claim is reported to the Insurer after that limit of insurance has been used up. c. The First Named Insured and any other Insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate Insured and the Insurer. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. The First Named Insured will reimburse the Insurer for expenses the Insurer incurs in taking those steps the Insurer deems appropriate in accordance with paragraph 2.b. above. The duty of the First Named Insured to reimburse the Insurer will begin on a. the date on which the applicable limit of liability insurance is used up if the Insurer sent notice in accordance with paragraph 1. above or b. the date on which the Insurer sent notice in accordance with paragraph 2.a. above if the Insurer did not send notice in accordance with paragraph 1. above. Form No CNA76568NY 03 2015 Policy No CUE 6018520218 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06012017 Endorsement No 3 Page 1 of 2 Policy Page 50 of 53 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. 04 P P | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 4. The exhaustion of the applicable limit of liability insurance by the payments of judgments or settlements and the resulting end of the Insurer s duty to defend will not be affected by the Insurer s failure to comply with any of the provisions of this Condition. Il. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY then the Condition set forth in paragraph I. is added except that 1. the terms claim and claims are deleted in their entirety and replaced with the terms claim and claims respectively the term occurrences is deleted in its entirety and replaced with the term occurrences the phrase First Named Insured is deleted in its entirety and replaced with the phrase first Named Insured 4. the terms suit and suits are deleted in their entirety and replaced with the terms suit and suits respectively and 5. the term Insured when not part of the phrase First Named Insured is deleted in its entirety and replaced with the term insured. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76568NY 03 2015 Endorsement Effective Date Endorsement Expiration Date Endorsement No 3 Page 2 of 2 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 51 of 53 | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I ATE AMENDATORY ENDORSEMEI NEW YORK This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows I If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under DEFENSE COSTS PAYMENT AND RELATED DUTIES section A. the first sentence before the colon is deleted in its entirety and replaced with the following The Insurer has the right and duty to defend any suit even if the allegations of the suit are groundless false or fraudulent and the right to assume control of the investigation and settlement of any claim against the Insured as follows Il. If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY then under DEFENSE COSTS PAYMENT AND RELATED DUTIES section I. paragraph A. is deleted in its entirety and replaced with the following A. right and duty to defend any suit against the Insured even if the allegations of the suit are groundless false or fraudulent and Il If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY under CONDITIONS the Condition entitled Notices is amended to add the following Notice given by or on behalf of the Insured or written notice by or on behalf of the injured person or any other claimant to any agent of the Insurer s in New York State with particulars sufficient to identify the Insured shall be considered to be notice to the Insurer. IV. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY under CONDITIONS the Condition entitled Notices is amended to add the statement set forth in paragraph lll. of this endorsement except that the term Insured is deleted in its entirety and replaced with the term insured. V. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY then under CONDITIONS the Condition entitled Legal Action Limitation is deleted in its entirety and replaced with the following Legal Action Limitation A. Except as provided in Paragraph B. no person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue the Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. Form No CNA76599NY 11 2015 Policy No CUE 6018520218 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06012017 Endorsement No 4 Page 1 of 2 Policy Page 52 of 53 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. 04 P P | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement B. With respect to bodily injury and personal and advertising injury claims if the Insurer denies coverage or does not admit liability because an Insured or the injured person someone acting for the injured person or other claimant fails to give the Insurer written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against the Insurer provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after the Insurer denies coverage or does not admit liability the Insurer or an Insured 1. brings an action to declare the rights of the parties under the Policy and 2. names the injured person someone acting for the injured person or other claimant as a party to the action. VL. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY then the following provision is added and supersedes any provision to the contrary Failure to give notice to the Insurer as required under this Policy shall not invalidate any claim made by the Insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced the Insurer. However no claim made by the Insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter.. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY then the provision set forth in paragraph VL. of this endorsement is added and supersedes any provision to the contrary except that Vil A. the term claim is deleted in its entirety and replaced with the term claim and B. the term Insured is deleted in its entirety and replaced with the term insured. VIILIf this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY then under DEFINITIONS the definition of loading or unloading does not apply. IX. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY or the PARAMOUNT UMBRELLA LIABILITY POLICY then under DEFINITIONS the definition of damages the paragraph beginning with the term Notwithstanding is deleted in its entirety. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76599NY 11 2015 Endorsement Effective Date Endorsement Expiration Date Endorsement No 4 Page 2 of 2 Underwriting Company Continental Ins. Co 333 S Wabash Ave Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No CUE 6018520218 Policy Effective Date 06012017 Policy Page 53 of 53 | 2 |
HDI GLOBAL INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 6060 312 580 1900 COMMERCIAL LINES POLICY FOR PERGAN MARSHALL LLC Policy CUD1412703 Policy Period January 012019 to January 01 2020 Underwriting Team JAMIE BROWN Underwriter Underwriting Assistant JIM CLARK Chief Underwriting Officer Loss Notification To report a claim 24 hours a day 7 days a week please contact us as soon as practicable for further assistance Telephone 1 866 484 2053 Fax 1 866 477 8502 Email newclaimsus.hdi.global POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY IL SU 4003 01 16 Page 1 of 2 | 2 |
In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. o President CEO Dr. Lothar Becker DIE A Corporate Secretary David Neumeister IL SU 4003 01 16 Page 2 of 2 | 2 |
HDI Global Insurance Company HDI Specialty Insurance Company Privacy Policy We value your business and your trust in HDI. The privacy and confidentiality of your personal information is among our top priorities. This explains our practices and procedures for securing your personal information before during and after your relationship with us. We will provide one copy of this Privacy Statement with each policy we issue. Additional copies of this statement are available upon request. Thank you for choosing HDI for your insurance needs. How We Protect Your Information We understand the importance of securing your personal information. We have physical electronic and procedural safeguards in place to protect your nonpublic personal data in compliance with applicable state federal laws. We restrict employee access to customer information only to those who have a business reason to know in order to provide our products and services to you. What Personal Information We Collect About You We collect nonpublic personal information about you from the following sources only as our business needs require e Information received on applications and other forms whether in writing in person by phone electronically or by other means such as names addresses and employment information. e Information about your transactions with us our affiliates or others associated with our business relationship and information we receive from insurance agents consumer reporting agencies investigators connected with claims adjusting state motor vehicle departments inspection services insurance support organizations or other sources as permitted or required by law. e Information we receive in medical records or from medical professionals. e Information otherwise obtained in the claims adjustment process including litigation. What Personal Information We Disclose About You We do not disclose any of our customers or other persons nonpublic personal information to anyone except as permitted or required by law. Permitted disclosures include information to process transactions on your behalf and information about you or about participants beneficiaries or claimants under your insurance policy in the normal course of business. PP 3000 05 17 | 2 |
Policy Number CUD1412703 COMMON POLICY DECLARATIONS RENEWAL OF CUD1412702 HDI Global Insurance Company 161 North Clark Street 48th Floor Chicago IL 60601 Item 1. Named Insured and Mailing Address Agent Name and Address PERGAN MARSHALL LLC LOCKTON COMPANIES LLC 710B BUSSEY RD 444 W. 47TH STREET MARSHALL TX 75670 SUITE 900 KANSAS CITY MO 64112 1906 AgentNo. P02079004 Item2. Policy Period From 01 01 2019 To 01 01 2020 at 1201 A.M. Standard Time at your mailing address shown above. Item3. Business Description Form of Business LIMITED LIABILITY COMPANY Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part NOT COVERED Commercial Crime Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Auto Dealers Coverage Part NOT COVERED COMMERCIAL UMBRELLA COVERAGE PART 49845.00 Total Policy Premium 49845.00 Item5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned M Date By uthorized Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0197 COMMON POLICY DECLARATIONS HDI Global Insurance Comp 161 North Clark Street 48th Floor Chicago IL D1412703 RENEWAL OF CUD1412702 1Ub bUooLY KD ARSHALL TX 75670 nan nan nan nan 6.0 | 2 |
SCHEDULE OF LOCATIONS HDI Global Insurance Company Named Insured PERGAN MARSHALL LLC AgentName LOCKTON COMPANIES LLC LOC SCHED 0197 Designated Locations Address City State Policy Number CUD1412703 Effective Date 01 01 19 1201 A.M. Standard Time AgentNo. P02079004 Occupancy CUD1412703 SCHEDULE OF LOCATIONS HDI Global Insurance Company amed Insured PERGAN MARSHALL LLC Effective Date 01 01 19 1201 A.M. Standard Time | 2 |
1130 12 TX 08 09 HDI GLOBAL INSURANCE COMPANY TEXAS DISCLOSURE FORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. We the insurance company acknowledge the terms conditions and coverages provided in this policy have been negotiated in good faith with you the insured. You have agreed to accept the terms conditions and coverages. Please note that no coverage is provided for the exposures as checked below Asbestos Aircraft Products Contraceptive Products Diacetyl Diethylstilbestrol DES Electromagnetic Fields Formaldehyde Lead Pollution Polychlorinated Biphenols PCB Silica Subsidence Please refer to the specific part of the policy or endorsement for further coverage detail. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 1130 12 TX 08 09 | 2 |
1130 13 TX 08 09 HDI GLOBAL INSURANCE COMPANY IMPORTANT INFORMATION FOR TEXAS POLICYHOLDERS TO OBTAIN INFORMATION OR MAKE A COMPLAINT YOU MAY CALL OUR TOLL FREE TELEPHONE NUMBER 1 800 607 3488 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES COVERAGES RIGHTS OR COMPLAINTS AT 1 800 252 3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE P. 0. BOX 149104 AUSTIN TX 78714 9104 FAX 512 475 1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact your agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Page 1 of 1 1130 13 TX 08 09 | 2 |
113014 TX 06 15 HDI GLOBAL INSURANCE COMPANY 161 N. CLARK STREET 48 FLOOR CHICAGO IL 60601 TEXAS NOTICE IMPORTANT NOTICE To obtain information or make a complaint You may call HDI Gerling America Insurance Company s toll free telephone number for information or to make a complaint at 1 800 607 3488 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar al numero de telefono gratis de Gerling America Insurance Company s para informacion o para someter una queja al 1 800 607 3488 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE A VISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documentp adjunto. Page 1 of 1 113014 TX 06 15 | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. 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. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 1 of 1 o IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy However if this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the a. By mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least 10 days before the effective date of cancellation. Texas Uniform Condominium Act then the notice of cancellation as described above will be provided to the first Named Insured 30 days before the effective date of cancellation. We will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL02751113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
b. For the following reasons if this policy does 1 2 not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver.. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
POLICY NUMBER CUD1412703 POLICY NUMBER CUD1412703 IL 09 8501 15 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 421 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 81 Year20 19 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 80 Year20 20 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. dditional information if any concerning the terrorism premium Year20 19 Year20 20 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 terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. IL 09 8501 15 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
B. Disclosure Of Federal Parti 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 a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations 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 calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. pation In Payment 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 calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 IL09 850115 | 2 |
IL AM 4001 10 11 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL AM 4001 10 11 | 2 |
IL P 001 01 04 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
IL Al 4001 06 11 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT The Named Insured is amended to read as follows PERGAN MARSHALL LLC PERGAN TRANSPORTATION LLC All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 IL Al 4001 06 11 | 2 |
Policy Number CUD1412703 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company Named Insured PERGAN MARSHALL LLC Effective Date 01 01 19 1201 AM. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. P02079004 COMMON POLICY FORMS AND ENDORSEMENTS IL SU 4003 01 16 POLICY JACKET PP 3000 05 17 PRIVACY NOTICE CO DEC 01 97 COMMON POLICY DECLARATIONS LOC SCHED 01 97 SCHEDULE OF LOCATIONS 3012 TX 08 09 TEXAS DISCLOSURE FORM 3013 TX 08 09 IMPORTANT INFORMATION 3014 TX 06 15 TEXAS NOTICE 00 17 11 98 COMMON POLICY CONDITIONS 02 75 11 13 TEXAS CHANGES CANC NONRENL 09 85 01 15 DISCLOSURE PURSUANT TERROR RISK INS ACT AM 4001 10 11 ECONOMIC OR TRADE SANCTIONS P 001 01 04 US TREASURY DEPT S OFAC ADVISORY NOTICE AI 4001 06 11 ADDITIONAL NAMED INSURED FORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS INSTALL FORM 01 02 INSTALLMENT SCHEDULE UMBRELLA FORMS AND ENDORSEMENTS 09 00 COMMERCIAL UMBRELLA LIABILITY DEC 04 00 COMM UMBRELLA EXCESS LIAB SUP. SCHED 04 00 COMM UMBRELLA EXCESS LIAB SUP. SCHED 04 13 COMMERCIAL LIAB UMBRELLA COVERAGE FORM 04 13 EXCLUSION INTERCOMPANY PRODUCTS SUITS 02 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 12 04 FUNGI OR BACTERIA EXCLUSION 01 15 EXCL OF CERT ACTS OF TERR EXCL OF OTHR 05 14 EXCL ACC DISC OF PI W LTD BI EXCEPTION 09 14 CU LIABILITY COVERAGE FORM 03 12 TEXAS CHANGES 12 07 LEAD EXCLUSION 03 05 SILICA OR SILICA RELATED DUST EXCLUSION 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION Scootioa JWwor FORM SCHED 0197 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company CUD1412703 OF FORMS AND ENDORSEMENTS Insurance Company Effective Date 01 01 19 1201 A.M. Standard Time OMMUN FOLLILY FPOURMS AND BNDURoOEMENLOS L SU 4003 01 16 POLICY JACKET P 3000 05 17 PRIVACY NOTICE O0 DEC 01 97 COMMON POLICY DECLARATIONS OCSCHED 1 97 SCHEDULE OF LOCATIONS I 3012 TX 08 09 TEXAS DISCLOSURE FORM I 3013 TX 08 09 IMPORTANT INFORMATION I 3014 TX 06 15 TEXAS NOTICE L 00 17 11 98 COMMON POLICY CONDITIONS L 02 75 11 13 TEXAS CHANGES CANC NONRENL L 09 85 01 15 DISCLOSURE PURSUANT TERROR RISK INS ACT L AM 4001 0 1 ECONOMIC OR TRADE SANCTIONS L P 001 01 04 US TREASURY DEPT S OFAC ADVISORY NOTICE L AI 4001 06 11 ADDITIONAL NAMED INSURED ORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS NSTALL FORM 01 02 INSTALLMENT SCHEDULE MBRELLA FORMS AND ENDORSEMENTS U DEC 09 00 COMMERCIAL UMBRELLA LIABILITY DEC M 0041 04 00 COMM UMBRELLA EXCESS LIAB SUP. SCHED M 0041 04 00 COMM UMBRELLA EXCESS LIAB SUP. SCHED U 00 01 04 13 COMMERCIAL LIAB UMBRELLA COVERAGE FORM U 21 08 04 13 EXCLUSION INTERCOMPANY PRODUCTS SUITS U 21 23 02 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT U 21 27 12 04 FUNGI OR BACTERIA EXCLUSION U 21 35 01 15 EXCL OF CERT ACTS OF TERR EXCL OF OTHR U 21 86 05 14 EXCL ACC DISC OF PI W LTD BI EXCEPTION U AM 2001 09 14 CU LIABILITY COVERAGE FORM U 01 55 03 12 TEXAS CHANGES U EX 2016 12 07 LEAD EXCLUSION U 21 50 03 05 SILICA OR SILICA RELATED DUST EXCLUSION U 24 30 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION MR YRM | 2 |
Policy Number CUD1412703 INSTALLMENT SCHEDULE HDI Global Insurance Company Named Insured PERGAN MARSHALL LLC Effective Date 01 01 19 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. P02079004 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL DEPOSIT 01012019 49845.00 49845.00 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 CUD1412703 INSTALLMENT SCHEDULE HDI Global Insurance Company amed Insured PERGAN MARSHALL LLC Effective Date 01 01 19 1201 A.M. Standard Time PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL EPOSIT 01012019 49845.00 49845.00 PREMIUM 49845.00 SURCHARGE | 2 |
Policy Number cun1412703 Renewal Of cup1412702 COMMERCIAL LIABILITY UMBRELLA DECLARATIONS HDI Global Insurance Company 161 North Clark Street 48th Floor Chicago IL 60601 Named Insured and Mailing Address Producer Name and Address PERGAN MARSHALL LLC LOCKTON COMPANIES LLC 710B BUSSEY RD 444 W. 47TH STREET MARSHALL TX 75670 SUITE 900 KANSAS CITY MO 64112 1906 Producer No. P02079004 Policy Period From 01 01 2019 To 01 01 2020 at 1201 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF BUSINESS FORM OF BUSINESS LIMITED LIABILITY COMPANY BUSINESS DESCRIPTION LIMITS OF INSURANCE EACH OCCURRENCE LIMIT LIABILITY COVERAGE 20000000 PERSONAL ADVERTISING INJURY LIMIT 20000000 Any one person or organization AGGREGATE LIMIT LIABILITY COVERAGE 20000000 OTHER SELF INSURED RETENTION MINIMUM RETENTION 10000 Sub total Premium 49845.00 STATE TAX OR OTHER if applicable TOTAL PREMIUM SUBJECT TO AUDIT 49845.00 PAYABLE AT INCEPTION AUDIT PERIOD IF APPLICABLENOT APPLICABLE ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY SEE SCHEDULE OF FORMS AND ENDORSEMENTS THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. COMMERCIAL LIABILITY UMBR HDI Global Insurance 161 North Clark Street 48th Floo CUD1412702 ARATIONS 1LUBE BUoSoLY KD ARSHALL TX 75670 nan nan nan nan 6.0 COVERAGE 20000000 L ADVERTISING INJURY LIMIT 20000000 TE LIMIT LIABILITY COVERAGE JRED RETENTION MINIMUM RETENTION Sub total Premium STATE TAX OR OTHER if applicable TOTAL PREMIUM SUBJECT TO AUDIT Any one person or organization 20000000 10000 S 49845.00 49845.00 Countersigned Date By Authorized Representative CU DEC 09 00 Copyright Insurance Services Office Inc. 2000 | 2 |
UM 0041 04 00 COMMERCIAL UMBRELLA EXCESS LIABILITY SUPPLEMENTAL SCHEDULE OF UNDERLYING INSURANCE SCHEDULE OF UNDERLYING INSURANCE Show insurer policy number policy period coverage and limits of insurance Commercial Liability Limits Each Occurrence X w Personal Injury Personal Advertising Injury Liability and Advertising Injury General Aggregate Liability Coverage Products Completed Work Aggregate w Broad Form Contractual Liability Coverage w Non Owned Auto Liability Coverage Hired Auto Liability Coverage X Occurrence Form Claims Made Form Retroactive Date 1000000 1000000 2000000 2000000 Insurer HDI GLOBAL INSURANCE COMPANY Policy Number GLD14125 02 Policy Period 010119 010120 Auto Liability Limits Combined Single Limit Or 1000000 X w Non Owned Auto Bodily Injury Each Person Liability Coverage Bodily Injury Each Accident Hired Auto Liability Property Damage Each Accident Coverage Insurer AIG INSURANCE Policy Number CA 425 72 14 Policy Period 073118 073119 Employers Liability Limits Combined Single Limit Or Separate Policy Bodily Injury by Accident Each Accident 1000000 Bodily Injury by Disease Policy Limit Bodily Injury by Disease Each Employee Insurer GRANITE STATE INSURANCE COMPANY Policy Number WC 062 49 9089 5 1000000 5 1000000 Policy Period 073118 073119 | 2 |
UM 0041 04 00 Watercraft Liability Limits Combined Single Limit Or Bodily Injury Each Person Bodily Injury Each Accident Property Damage Each Accident Insurer Policy Number Policy Period Liquor Liability Limits Each Occurrence Aggregate Occurrence Form Claims Made Form Retroactive Date Insurer Policy Number Policy Period Miscellaneous Liability Each Occurrence Type Employee Benefits Aggregate Describe Occurrence Form Claims Made Form Retroactive Date Insurer Policy Number Policy Period Miscellaneous Liability Each Occurrence Type Garage Aggregate Describe Occurrence Form Claims Made Form Retroactive Date Insurer Policy Number Policy Period UM 0041 04 00 | 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 Il 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 Aor 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 sublimt 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 I 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 1 of 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. 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. 2. 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 b Providing or faling 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. Page 2 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 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 obligaton 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 entitied 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.. 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 obligaton to share damages with or repay someone else who must pay damages because of the injury. 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 3 of 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. 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 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 4 5 Aircraft thatis a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured. k. 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. I. 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. m. 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 5 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 Page 4 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 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 damageincluded 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 workarising 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 lmpaired 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 3 Inspection supervision quality control architectural or engineering activites done by or for you on a project on which you serve as construction manager 4 Engineering services including related supervisory or inspection services 5 Medical surgical dental X ray or nursing services treatment advice or instruction 6 Any health or therapeutic service treatment advice or instruction 7 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy 8 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 9 Optometry or optical or hearing aid services including the prescribing preparation fiting 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. CU 00010413 Insurance Services Office Inc. 2012 Page 5 of 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 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 limts the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 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 injuryto 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 sublimt 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 CU 00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 2 3 4 5 6 8 Knowing Violation Of Rights Of Another 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. 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 10 1 12 13 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. 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. 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. 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. Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants atany time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 15 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 ii or iii 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. 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 Xray or nursing services treatment advice or instruction c d 16 f Any health or therapeutic service treatment advice or instruction 9 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 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. War However caused arising directly or indirectly out of 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 CU 00010413 | 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 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 notinclude attorneys fees or attorneys expenses taxed against the insured. c 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 b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and 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 I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injuryand 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 liigation 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 CU 00010413 | 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 2 3 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. 3 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 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. 5 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. 6 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 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 of 18 | 1 |
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 resultin 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 wus copies of any demands nofices summonses or legal papers received in connection with the claim or suit 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. 2. The Aggregate Limitis 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. 3. 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. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limitis 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. 5. 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. Page 12 of 18 Insurance Servic Insurance Services Office Inc. 2012 CU 00010413 | 1 |
2 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 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 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 usinto 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 2 The total of all deductible and selfinsured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Partin accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premiumis 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 suitis 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.. 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 settliement 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 1 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 nofify 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 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.. 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.. 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.. The insured must fully maintain any coverage required by law regulaton 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 CU 00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a nofice 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 fulfiling 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 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
10. 1 12 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. 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..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movementinto 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. 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 nextto 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 CU 00010413 | 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. 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. 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 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18. Property damage means 19. 2 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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained limit means the available limits of underlying insurance scheduled in the Declarations or the selfinsured retention whichever applies. Selfinsured 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.. 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. Suitincludes 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 il performance or use of your 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 CU 00010413 | 1 |
COMMERCIAL LIABILITY UMBRELLA CU 21080413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured under this policy against another Named Insured under this policy because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CU 21080413 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 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 hazardous 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 This endorsement modifies insurance provided under the following 2 The nuclear materialis contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured 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. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special 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 produoed by the extraction or concentra Ilon ol uramum or thorium from any ore processed t naI content and b 2 The nuclear materialis contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured 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. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special 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 21 23 02 02 ISO Properties Inc. 2001 Page 1 of 2 m | 2 |
Nuclear facility means a b c 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 packaging 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 damageincludes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 21230202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CuU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 m | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. COMMERCIAL LIABILITY UMBRELLA CU21350115 PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 4. This insurance does not apply to TERRORISM 5 Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of Witl terre The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. h respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of orism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. property exceeds 25000000 valued in US B. The following definitions are added dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance.. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. 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 b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or CU21350115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. 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. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 CU21350115 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 218605 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software o including systems and applications This insurance does not apply to software hard or floppy disks CD ROMs t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
CU AM 2001 09 14 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT THIS ENDORSEMENT AMENDS THE CONDITIONS DEFINITIONS EXCLUSIONS INSURING AGREEMENT LIMITS OF LIABILITY AND WHO IS AN INSURED SECTIONS. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Coverage Form. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following wording is added to paragraph 2. Exclusions The following exclusions are added Aircraft Products and Grounding This insurance does not apply to bodily injury or property damage arising out of aircraft products or the grounding of any aircraft. Asbestos 1 Any bodily injury or property damage arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Discrimination Any bodily injury arising out of any alleged or actual discrimination. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY The following exclusions are added Liquor Liability Personal and advertising injury 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 only if you are in the business of manufacturing distributing 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. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. Auto Coverages 1 Personal and advertising injury arising out of the ownership maintenance or use of any auto which is not a covered auto or THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 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. Aircraft or Watercraft personal and advertising injury 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. 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. Coverage provided will follow the provisions exclusions and limitations of 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. 4 Racing Activities personal and advertising injury 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 by an insured. Discrimination Any personal and advertising injury arising out of any alleged or actual discrimination. Employers Liability Any personal and advertising injury arising out of 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 a Whether the insured may be liable as an employer or in any other capacity and b To any obligation to share damages with or repay someone else who must pay damages because of the injury. SUPPLEMENTARY PAYMENTS COVERAGES A AND B Paragraph 1.f. is replaced by 1.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. However prejudgment interest is not included in defense costs and expenses. SECTION Il WHO IS AN INSURED Paragraph A.1.c. is replaced by c. Any reference to the Named Insured does not include any organization you newly acquire or form after the inception date of this policy. SECTION lll LIMITS OF INSURANCE Paragraph 2. is replaced by 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A and b. Coverage B. Prejudgment interest awarded against the insured on the part of the judgment we pay. If we make an offer to pay THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 2 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. the remaining available Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Each payment we make for such damages reduces the Aggregate Limit by the amount of the payment. SECTION IV CONDITIONS The following condition is added Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Conformity With Statute Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. The following conditions are replaced in whole or in part Paragraph 3.a. of Section IV Commercial Umbrella Liability Conditions Duties In The Event Of Occurrence Offense Claim Or Suit is deleted and replaced by the following You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence or an offense which may result in a claim. You will not be charged with knowledge of an occurrence offense claim or suit unless the person responsible for insurance in your business has been notified of the occurrence offense claim or suit in writing. To the extent possible the 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. Paragraph 6. Premium Audit is replaced by Premium Audit We will compute all premiums for this policy in accordance with our rules and rates. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. a. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 3 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 The following definitions of Section V Definitions are replaced by Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or c. All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by the Named Insured in the territory described in a. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on the Named Insured s business and 2 The insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Coverage territory does not include any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. Retained limit means the available limits of underlying insurance listed in the Schedule of Underlying Insurance Form the self insured retention or minimum retention whichever applies. Underlying insurance means any policies of insurance listed in the Schedule of Underlying Insurance Form All other terms and conditions remain unchanged. Any different method of apportioning recoveries and expenses may be used by agreement of all those who paid damage. The following paragraph is added to paragraph 7. of Section IV Commercial Umbrella Liability Conditions Representations or Fraud Failure of the insured to disclose all hazards existing as of the inception date of the policy shall not reduce or negate the insurance afforded by this policy provided such failure or omission was not intentional. SECTION V DEFINITIONS The following definitions are added Aircraft Products means aircraft including missiles or spacecraft and any ground support or control equipment used therewith and any article furnished by the insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft or tooling used for the manufacture thereof including ground handling tools and equipment and also means training aids instructions manuals blueprints engineering or other data engineering or other advice and services and labor relating to such aircraft or articles. Asbestos means the mineral in any form including the mere presence of asbestos in clothing materials goods products or structures. Grounding means the withdrawal of one or more aircraft from operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. Minimum retention means the dollar amount shown in the Declarations that applies when the aggregate limit of insurance applicable to underlying insurance has been exhausted by payment of claims or suits. In the event of exhaustion of the aggregate limits of insurance applicable to underlying insurance by payment of claims or suits this insurance will continue in force as underlying insurance subject to the terms and conditions of this insurance and excess of the minimum retention. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 4 of 4 CU AM 2001 09 14 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 015503 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Changes In Liability Coverage With regard to liability for Bodily Injury Property Damage and Personal And Advertising Injury unless we are prejudiced by the insured s or your failure to comply with the requirement no provision of this Coverage Part requiring you or any insured to give notice of occurrence claim or suit or forward demands notices summonses or legal papers in connection with a claim or suit will bar coverage under this Coverage Part. However Paragraph A. does not apply with respect to the ownership maintenance or use of covered autos. B. Changes In Conditions The following condition is added CLAIMS HANDLING PROCEDURES We will notify the first Named Insured in writing of a Aninitial offer to settle a claim made or suit brought against any insured. The notice will be given no later than the 10th day after the date on which the offer is made. b Any settlement of a claim made or suit brought against the insured. The notice will be given not later than the 30th day after the date of settlement. Insurance Services Office Inc. 2011 Page 1 of 1 o CU 01550312 | 2 |
CU EX 2016 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation regarding lead. Cl The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. All other terms and conditions remain unchanged. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Handling of Storage of Ingestion of Absorption of Physical exposure to or Testing for srepopzITRTITmRQODS Page 1 of 1 CU EX 2016 12 07 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2150 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust.. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust.. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CU 21 50 03 05 ISO Properties Inc. 2004 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24300413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph 9. of the Definitions section is replaced by the following 9. Insured contract means g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection 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 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. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. 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 adriver or 2 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. 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 adriver or 2 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. CU 24300413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
12182020 Ms. Lauren Fouts Lockton CompaniesMO 444 W. 47th Street Suite 900 Kansas City MO 64112 1906 Re Coworx Staffing Services LLC Policy Number UMB 0369905 01 Effective Date 12312020 Dear Ms. Fouts Thank you for selecting our insurance program for the captioned business. Our insurance policies have been designed specifically for staffing firms at large and we have serviced the industry since 1965. We are committed to providing you with the highest level of customer satisfaction possible.. If for any reason you have questions comments or concerns we are here for you. Please contact your WW representative should you require assistance. Again thank you for your business. We look forward to serving you. Sincerely Tracey Donchae Tracev Donohue tdonohuewwspi.com Underwriter World Wide Specialty Programs Workl Wide Specialty Programs Inc. World Wide New York Insurance Seevicss Inc. CA NH TX 68 South Service Road Suite 235 Melville New York 11747 631 390 0900 00 245 9653 FAX631 390 0922 wwspi.com | 2 |
2 ZURICH Staffing Liability Program Claims Procedures Insured s Duties in Event of a Loss Claim or Suit When you or a member of your staff are made aware of a potential claim receive notice of a claim or are served with suit papers notice should be forwarded immediately to Zurich in North America. When reporting a claim send all relevant claim documents to Zurich via There are 5 reporting methods listed below. 1. Email usz carecenterzurichna.com 2. Web Reporting Log on to www.zurichna.com Click on the Claims link and on the right side of screen click ZNA Online Claims From left side of screen click on the type of claim that you want to report Follow the prompts and hit Submit 3. Phone 800 987 3373 4. Fax 877 962 2567 5. Mail Zurich in North America P.O. Box 49547 Colorado Springs CO 80949 WWSPI N1 0412 Page 1 of 2 | 2 |
Along with the relevant claim documents please include the following information Refer to program of insurance World Wide Staffing Services Insurance Policy number Name of Insured Name of Insured s contact person along with telephone fax numbers Date of loss Type of loss Brief description of the loss Location of loss Claimant What Happens After You Report a Claim Written Acknowledgment Letter Within 24 to 48 hours upon Zurich s receipt of the claim Zurich will send the Insured a written letter of acknowledgement with the claims number assigned to the claim and the name and contact information of the Claims Professional assigned to adjust the claim. Telephone Call from the Claims Professional The Claims Professional assigned to the claim will contact the Insured within 1 business day of receipt of the claim to discuss the claim and further handling. Lawsuits If a lawsuit has been filed against the Insured the Claims Professional will confirm coverage and then assign defense counsel for the Insured. Defense counsel assignment will be made from a panel list of qualified attorneys in the jurisdiction who have the relevant experience to defend claims against the staffing industry. General Questions Our clients are urged to contact us at any time during the claim process with questions or concerns. Margarita Hambrock CPCU ARe Compliance Manager Actuary World Wide Specialty Programs Inc. 68 South Service Road Suite 235 Melville NY 11747 Phone 631 390 0900 ext 135 Phone 800 245 9653 Fax 631 390 0922 mhambrockwwspi.com WWW.wwspi.com WWSPI N1 0412 Page 2 of 2 | 2 |
Z ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 72003 Page I of 1 | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 1 of 1 | 2 |
ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of los f terrorism for lines of insurance subject to TRIA 1 of Umbrella Premium If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any from terrorism after the termination of TRIA. change shown in 2 of this Schedule applies to the risk of los 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium N A Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. A Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any atiributable to the risk of loss from ter rorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable is shown in the Schedule above but may be subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Pay ment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January 1 2015 December 31 2015 federal share 85 January 1 2016 December 31 2016 federal share 84 January 1 2017 December 31 2017 federal share 83 January 1 2018 December 31 2018 federal share 82 January 1 2019 December 31 2019 federal share 81 January 1 2020 December 31 2020 federal share 80 of Umbrella Premium TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any R R 2 AREER AR MR app it ety Mt e AT et following is completed Includes copyrighted material of ISO Properties Inc. with its permission. Copyright Zurich American Insurance Company 2019 U GU692 D CW 0120 Page 1 of2 | 2 |
Z ZURICH Disclosure of 100 Billion Cap on Al Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100bilion in a calendar year January 1through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any porion of the amount of such losses that exceeds 100bilion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. Availability As required by TRIA we have made avaiable to you for lines subject to TRIA coverage for losses resuling from acts of terorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism Definition of Act of Terrorism under TRIA TRIA defines act of terorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorsm Risk Insurance Act TRIA to be an act of terrorism. The Terorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. Tobe an act of terrorism 2. Tobe aviolent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carier as defined in section 40102 of Tile 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilan population of the United States or to influence the policy or affect the conduct of the United States Government by coercion No act may be certifed as an act of temorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resuling from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Possibility of Additional or Return Premium The federal program established under TRIA is scheduled to terminate at the end of December 31 2020unless extended by the federal govemment. The premium atiibutable to the risk of loss from certifed acts of terrorism coverage i calculated based on the coverage if any in effect at the beginning of your policy for certified acts of temorism. If your policy contains a Conditional Endorsement the termination of TRIA or extension of the federal program with certain modifications as explained in that endorsement may modify the extent of coverage if any your policy provides for terorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy the retum premium if any or addional premium f any shown in 2 of the Schedule will apply. If the level or terms of federal participation change the premium shown in 1 of the Schedule atiibutable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Properties Inc. with its permission. Copyright Zurich American Insurance Company 2019 U GU692 D CW 0120 Page2 02 | 2 |
Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Coworx Staffing Services LLC Policy Number UMB 0369905 01 Effective Date. 12312020 Endorsement Number Any information required to complete this Schedule if not shown above will be shown in the quote or proposal. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 January1 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism U GU767 B CW0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU767 B CW0115 Page 2 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. 7744 bmw QM Y S President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
Policy Number UMB 0369905 01 SCHEDULE OF NAMED INSUREDS Effective Date 12312020 1201 A.M.. Standard Time Agent No. 93962000 Named Insured Effective Date 12312020 Coworx Staffing Services LLC 1201 A.M.. Standard Time Agent Name Agent No. 93962000 World Wide Specialty Programs Inc. Axcess Personnel LLC Axcess Resources LLC Axcess Staffing Services LLC CoWorx Personnel LLC CoWorx PPS LLC CoWorx Resources LLC Coworx Staffing Services LLC Coworx Staffing LLC U GU621 A CW 1002 | 2 |
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