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ITEM 6. POLICY PREMIUM 129482.00 Policy Premium Premium for Certified Acts of Terrorism 130000.00 Total Policy Premium 130000.00 Total Premium Due 130000.00 Minimum Premium Due ITEM 7. FORMS ATTACHED TO THE POLICY AT ISSUANCE See attached Schedule of Forms and Endorsements. ITEM 8. Disaster Response to be called in the event of a disaster as per Event Phone Number 1 800 823 7351 Section I. Insuring Agreements Item C. ITEM9. Producer Name and Address Lockton Companies LLC 444 West 47 Street Suite 900 Kansas City MO 64112 Attn. Scott Cornell Date Issued January 23 2015 itk Authorized Representative XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
IN WITNESS XL SPECIALTY INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 1120 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. Al other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. 15 t floig Bernard R. Horovitz President Towt Qe fertms Toni Ann Perkins Secretary IL MP 9104 0314 XLS 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows Endorsement Form Number Form Title Number Form Title PNIN 01 0511 PN CW 010613 PN CW 02 0505 PN CW 050914 PNIN 01 0511 PN CW 010613 PN CW 02 0505 PN CW 050914 PN1611207 T PN TRIPRA 2014 XCU 000 0811 IL MP 9104 0314 XLS XCU 301 0811 XCU 300 0811 XCU 050 0811 XCU 100 IN 0811 XCU 428 0513 XCU 429 0513 INDIANA NOTICE FRAUD NOTICE PRIVACY POLICY U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Potential Expiration Replacement or Revision of the Terrorism Risk Insurance Program Reauthorization Act of 2007 Commercial Excess Follow Form and Umbrella Liability Policy Declarations IN WITNESS XL SPECIALTY INSURANCE COMPANY SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY INDIANA CHANGES CANCELLATION AND NON RENEWAL AMENDMENT TO INSURING AGREEMENT APPLICABILITY OF LIMITS ENDORSEMENT Applicable to Insuring Agreements A and B AMENDMENT TO LIMITS OF INSURANCE MODIFICATION OF GENERAL AGGREGATE LIMIT Applicable to Insuring Agreements A and B 2011 X.L. America Inc. All Rights Reserved. Page 1 of. May not be copied without permission. PN1611207 T PN TRIPRA 2014 XCU 000 0811 XCU 100 IN 0811 XCU 428 0513 XCU 429 0513 XCU 301 0811 Page 1 of 2 | 2 |
XCU 438 1213 RETAIL SUPPLEMENTAL ENDORSEMENT Applicable to Insuring Agreements A and B CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B CYBER INTERNET OR WEBSITE EXCLUSION Applicable to Insuring Agreements A and B EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreement B FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreement B SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreement B DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMITS Applicable to Insuring Agreement A and B XCU 635 0811 XCU 637 0811 XCU 652 0811 XCU 654 0811 XCU 669 0811 XCU 671 0811 XCU 735 0811 XCU 758 0513 XCU 759 0513 XCU 763 1213 XCU 764 0514 XCU 901 0811 All other terms and conditions remain the same. XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declaration Item 5 is completed to read as follows Coverage General Liability Company Zurich American Insurance Company Policy Number GLO 9441388 00 Policy Period November 01 2014 to November 01 2015 1000000 Each Occurrence Limit 15000000 General Aggregate 2000000 Products Completed Operations Aggregate Limit 1000000 Personal Advertising Injury Limit Coverage Company Policy Number Policy Period Employee Benefits Liability Zurich American Insurance Company GLO 9441388 00 November 01 2014 to November 01 2015 1000000 Each Claim Limit 2000000 General Aggregate Retroactive Date 11012003 Coverage Automobile Liability Company Zurich American Insurance Company Policy Number BAP 9441387 00 Policy Period November 01 2014 to November 01 2015 1000000 Combined Single Limit XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 2 | 2 |
Coverage Company Policy Number Policy Period Employers Liability OH Zurich American Insurance Company EWS 9441389 00 November 01 2014 to November 01 2015 1000000 Bodily Injury by Accident Each Accident 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Coverage Company Policy Number Policy Period Employers Liability AOS American Zurich Insurance Company WC 9441385 00 November 01 2014 to November 01 2015 1000000 Bodily Injury by Accident Each Accident 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Coverage Company Policy Number Policy Period Employers Liability WI Zurich American Insurance Company WC 9441386 00 November 01 2014 to November 01 2015 1000000 Bodily Injury by Accident Each Accident 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee All other terms and conditions remain the same. XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TABLE OF CONTENTS Beginning on Page I. Insuring Agreements A Insuring Agreement A Excess Follow Form Liability B Insuring Agreement B Umbrella Liability Over Self insured Retention Insuring Agreement C Disaster Response Coverage Il. Who Is An Insured lll. Defense And Settlement..... IV. Limits Of Insurance V. Exclusions A Exclusions Applicable to Insuring Agreements A and B B Exclusions Applicable to Insuring Agreement A Only. Exclusions Applicable to Insuring Agreement B Only. VL. Definitions VII. Conditions XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 26 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED. THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 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. WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI DEFINITIONS. I INSURING AGREEMENTS In consideration of the payment of premium and subject to the terms definitions conditions and limitations of this policy including any endorsements or amendments thereto we agree with the named insured as follows A Insuring Agreement A Excess Follow Form Liability 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies. Coverage under this Insuring Agreement A shall follow the terms definitions conditions and limitations of the scheduled underlying insurance subject to the policy period Limits of Insurance premium and any contrary provisions contained in this policy. However this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement A we will indemnify the insured for those sums otherwise payable hereunder. Insuring Agreement B Umbrella Liability Over Self insured Retention 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts not covered by the scheduled underlying insurance that the insured becomes legally obligated to pay as damages in excess of the self insured retention because of bodily injury property damage including liability assumed by the insured under an insured contract or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurance but for its exhaustion by the payment of loss. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 26 | 0 |
3 The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained. 4 If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement B we will indemnify the insured for those sums otherwise payable hereunder. We will make payment on behalf of the insured under Insuring Agreements A and B only if 1 Prior to the policy period no insured listed under Section Il. Who Is An Insured B1 6 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew prior to the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury or During the policy period no insured listed under Section Il. Who is An Insured B 16 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew during the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury prior to the policy period. For these purposes bodily injury property damage and personal and advertising injury including the continuation change or resumption of such bodily injury property damage or personal and adve g injury will be deemed to have been known at the earliest time when any of the above referenced individuals Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer Receives a claim because of the bodily injury property damage or personal and advertising injury or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred or an occurrence has been committed that has caused or may cause personal and advertising injury. Insuring Agreement C Disaster Response Coverage 1 We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period provided a a disaster response advisor has been hired in connection with the disaster event and b a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty four 24 hours of its commencement. 2 A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when a we determine that any one of the elements listed in the definition of disaster event no longer exists or b the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted whichever is earlier. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 3 of 26 | 1 |
If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B. Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation settlement or defense of any claim or suit that might arise from a covered disaster event. WHO IS AN INSURED A The following are insureds under Insuring Agreement A 1 2 The named insured. Any person or organization qualifying as an insured under the scheduled underlying insurance but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance. B The following are insureds under Insuring Agreements B and C XCU 050 0811 The named insured. Any person or organization other than an employee or volunteer worker while such person or organization is acting as your real estate manager. Your legal representative if you die but only with respect to his or her duties as such. Your employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers but only while performing duties related to the conduct of your business. If you are designated in the Declarations as an individual then your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations as a partnership or joint venture your partners and their spouses but only with respect to the conduct of your business. If you are designated in the Declarations as a limited liability company your members but only with respect to the conduct of your business and your managers but only with respect to their duties as such. If you are designated in the Declarations as an organization other than a partnership joint venture or limited liability company your executive officers and directors but only with respect to their duties as such. Your stockholders are also insureds but only with respect to their liability as stockholders. If you are designated in the Declarations as a trust your trustees but only with respect to their duties as such. Any organization in which you maintain an interest of more than fifty percent 50 as of the effective date of this policy. 2011 X.L. America Inc. All Rights Reserved. Page 4 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 4 of 26 | 1 |
12 A partnership joint venture or limited liability company that you acquire or form during the policy period but only if we have named such partnership joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. DEFENSE AND SETTLEMENT We will have the right and duty to defend any suit covered by Insuring Agreement A but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. We will have the right and the duty to defend any suit covered by Insuring Agreement B but only when such suit seeks damages because of bodily injury property damage or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. When we assume the defense of any suit under Paragraph A or B above we will have the right to investigate defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance 1 Premiums on appeal bonds or bonds to release attachments subject to the applicable Limits of Insurance set forth in the Declarations provided that we will not be obligated to apply for or furnish any such bond. 2 All costs taxed against an insured in connection with the suit. 3 Pre judgment interest awarded against the insured on that part of any judgment paid under this policy but only such interest as shall accrue before we make a settlement offer within the policy s applicable Limits of Insurance. 4 Post judgment interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within this policy s applicable Limits of Insurance. 5 Reasonable expenses incurred by an insured at our request or with our consent. We will have no duty to defend investigate pay or settle or continue to defend investigate pay or settle a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. If we are prevented by law or statute from assuming our defense obligations under Paragraph A or B we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. Except as otherwise provided in this Section Ill. Defense and Settlement we shall have no duty to defend any suit against an insured. We however will have the right but not the duty to associate with you in the investigation settlement or defense of any claim or suit to which this policy applies in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 5 of 26 | 1 |
LIMITS OF INSURANCE A The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds claims made suits brought persons or organizations making claims or bringing suits or coverages provided by this policy. B Subject to this policy s Limits of Insurance we will pay only that amount of loss that is in excess of the retained limit. The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. However with respect to Insuring Agreement A only if a policy shown in the scheduled underlying insurance has aggregate limits other than the products completed operations hazard aggregate limits then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance but will be no broader. D The amount shown in Declarations Item 3 for the Products Completed Operations Aggregate Limit is the most we will pay for all loss included in the products completed operations hazard. E Subject to Paragraphs C and D above the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. F The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy. G If the limits for any scheduled underlying insurance policy are 1 Greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. 2 Less than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible. H Expenses we incur to defend any suit or investigate any claim will be in addition to the policy s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance in which case such expenses will reduce this policy s available Limits of Insurance. If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies this policy shall 1 In the event of reduction pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. 2 In the event of exhaustion of the total applicable limits of scheduled underlying insurance and any applicable and collectible other insurance continue in force subject to the terms and conditions of this policy. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 6 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 6 of 26 | 1 |
If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance. We will not make any payment under this policy unless and until 1 The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies or 2 The total applicable self insured retention has been satisfied by the payment of loss to which this policy applies. When the amount of loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on your behalf the amount of such loss within this policy s applicable Limits of Insurance. The policy s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the policy s inception date shown in the Declarations. If the policy period is extended for a period of less than twelve 12 months the extended period will be deemed part of the immediately preceding policy period. EXCLUSIONS Exclusions Applicable to Insuring Agreements A and B This insurance does not apply to 1 Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. 2 Employment Practices Employment practices whether the insured may be liable as an employer or in any other capacity and including any obligation to share damages with or repay another. 3 ERISA A violation of the Employee Retirement Income Security Act of 1974 ERISA the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act all as may be amended or any similar federal state or local statutory or common law or any rules or regulations promulgated thereunder. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 7 of 26 | 1 |
Intangible Property The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. No Fault Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault uninsured or underinsured motorist law or any similar law. Nuclear Liability To injury or damage a With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association the American Nuclear Insurers Mutual Atomic Energy Liability Underwriters or the 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 liability. 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 amendments thereto or i the insured is or but for this policy 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 an agency thereof with any person or organization. c Resulting from hazardous properties of nuclear material if i The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. ii The nuclear material is contained in spent fuel or waste that was at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured. iii The injury or damage or personal and advertising injury arises out of an insured s furnishing services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear fac If such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to property damage to such nuclear facility and any property therein. Product Recall 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. Securities a A violation of any securities law or similar law or any regulation promulgated thereunder b The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2011 X.L. America Inc. All Rights Reserved. Page 8 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. ii XCU 050 0811 Page 8 of 26 | 1 |
10 11 c Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or d The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Violation of Communication or Information Laws Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the sending transmitting or communicating of material or information. War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. Workers Compensation and Similar Laws Any obligation of the insured under any workers compensation disability benefits unemployment compensation law or any similar law. Exclusions Applicable to Insuring Agreement A Only This insurance does not apply to 1 Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i At or from any premises site or location that is or was at any time owned used occupied by or rented or loaned to an insured. ii At or from any premises site or location that is or was at any time used for the handling storage disposal processing or treatment of waste. iiiy That are or were at any time transported handled stored treated disposed of or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible. iv At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. v At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 9 of 26 | 1 |
vi vii vi That are contained in any property that is 1 Being transported towed by handled or handled for movement into onto or from an auto covered by the scheduled underlying insurance. 2 In the course of transit by or on behalf of an insured. 3 Being stored disposed of treated or processed in or upon an auto covered by this policy or scheduled underlying insurance. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance or After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered disposed of or abandoned by the insured. Any loss cost or expense arising out of i ii 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. A 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. The following exceptions apply to Exclusion B1 but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance 1 Paragraphs 1ai through 1av do not apply to bodily injury or property damage included within the products completed operations hazard if your product or your work has not at any time been discarded dumped abandoned thrown away treated or handled as waste by anyone. Paragraphs 1ai and 1aiv do not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1ai does not apply to a Bodily injury 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. Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises site or location has been added to the policy as an additional insured with respect to the insured s ongoing operations performed for that additional insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 10 of 26 | 1 |
4 Paragraph 1aiv does not apply to a Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. b Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by the insured or on the insured s behalf by a contractor or subcontractor. Paragraph 1avi 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 an auto or its parts covered by the scheduled underlying insurance if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in Subparagraphs 7b and c of the definition of mobile equipment. Paragraph 1avii does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled underlying insurance if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by scheduled underlying insurance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Exclusions Applicable to Insuring Agreement B Only This insurance does not apply to 1 Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. The term use shall include operation loading and 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. Contractual Liability Bodily injury property damage or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 11 of 26 | 1 |
Damage to Impaired Property Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or a delay or failure by the insured or anyone acting on the insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Real and Personal Property Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the 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 insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. e That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. f That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Employee Injury Bodily injury to an employee of the insured 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 any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity including an obligation to share damages with or repay another who must pay damages because of injury. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 12 of 26 | 1 |
10 11 Employees and Volunteer Workers To the liability of any employee or volunteer worker arising out of bodily injury property damage or personal and advertising injury To the insured its partners members employees or volunteer workers. To the spouse child parent brother sister of a person identified in Paragraph 8a above. Arising out of the providing or failing to provide professional health care services. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. However this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force by the insured to protect persons or property. Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Personal and Advertising Injury Personal and advertising injury a b 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. Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place prior to the policy period. Arising out of a criminal act committed by or at the direction of an insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Arising out of a breach of an expressed contract to use another s advertising idea in the insured s advertisement. Arising out of the failure of goods products or services to conform to any statement of quality or performance made in the insured s advertisement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 13 of 26 | 1 |
12 Arising out of the wrong description of the price of goods products or services stated in the insured s advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement. Committed by an insured whose business is advertising broadcasting publishing or telecasting designing or determining content of websites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraphs DD 1 2 and 3 of the definition of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in the insured s e mail address domain name web page or Internet domain or metatag or any other similar tactics to mislead another s potential customers. Pollution a b The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. Any request demand order or statutory or regulatory requirement that the 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. Any 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. VI DEFINITIONS The following definitions are applicable to Insuring Agreements B and C and to the extent the following terms are not defined in the scheduled underlying insurance to Insuring Agreement A. A Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition notices that are published include material placed on the Internet or on similar electronic means of communication and regarding websites only that part of a website that is about the insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 14 of 26 | 1 |
M N Bodily injury means injury to the human body illness sickness or disease sustained by a person including mental anguish mental injury or death resulting from any of these at any time. By product material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Claim means an express demand for damages including a suit resulting from an occurrence covered by this policy. Disaster event means an occurrence that in the good faith and reasonable opinion of a key executive has resulted in or is likely to result in all of the following 1 a claim for damages that is likely to exceed the retained limit 2 significant media coverage and 3 a need for a disaster response advisor. Disaster response advisor means a public relations firm or crisis management firm that is hired by the insured to perform disaster response advisory services in connection with a disaster event. Disaster response advisory services are those services performed by a disaster response advisor in advising the insured on minimizing potential harm from a covered disaster event by maintaining or restoring public confidence in the insured. Disaster response expenses are those amounts paid for the reasonable and necessary fees and expenses incurred by the insured or their disaster response advisor and pre approved by us including but not limited to medical expenses funeral expenses psychological counseling expenses travel expenses temporary living expenses printing and mailing expenses and expenses to secure the scene of a disaster event. 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 a leased worker. Employee does not include a temporary worker. Employment practices means 1 Failure to hire any prospective employee or any applicant for employment. 2 Dismissal discharge or termination of any employee. 3 Failure to promote or advance any employee. 4 Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a Coercion harassment humiliation or discrimination. b Demotion evaluation reassignment discipline or retaliation. c Libel slander humiliation defamation or invasion of privacy. d Violation of civil rights. First named insured means the insured first identified in Declarations Item 1. Hazardous properties include but are not limited to radioactive toxic or explosive properties. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 15 of 26 | 1 |
Hostile fire means a fire that 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 1 2 It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1 2 The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Injury or damage as used in the Nuclear Energy Liability Exclusion of this policy includes all forms of radioactive contamination of property. Insured means any person or organization qualifying as such under Section Il. Who is An Insured of this policy. Insured contract means 1 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. A sidetrack agreement. An easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent 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. That part of any other contract or agreement pertaining to your business including the indemnification of a municipality in connection with work performed for such 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. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 16 of 26 | 1 |
Subparagraphs 6 and 7 above do not include that part of any contract or agreement a That pertains to the loan lease or rental of an auto to the insured or any of its employees if the auto is loaned leased or rented with a driver. b That holds harmless a person or organization that is engaged in the business of transporting property by auto for hire in connection with the insured s use of an auto covered by the scheduled underlying insurance over a route or territory that person or organization is authorized to serve by public authority. c That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing. d That indemnifies an architect engineer or surveyor in connection with preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or giving or failing to give directions or instructions. e Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including supervisory inspection architectural or engineering activities. Key executive means the insured s Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel general partner or sole proprietor. 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. Loss means those sums you become legally obligated to pay as settlements or judgments in connection with a covered claim. Loss shall include expenses incurred to investigate a claim or defend a suit if so provided in the scheduled underlying insurance. Mobile equipment means any of the following types of land vehicles including any machinery or equipment attached thereto that are not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where such vehicle is licensed or principally garaged including 1 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. 2 Vehicles maintained for use solely on or next to premises the insured owns or rents. 3 Vehicles that travel on crawler treads. 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted power cranes shovels loaders diggers or drills or road construction or resurfacing equipment such as graders scrapers or rollers. 5 Vehicles not described in Subparagraphs 1 through 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b Cherry pickers and similar devices used to raise or lower workers. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 17 of 26 | 1 |
Vehicles not described in Subparagraphs 1 through 4 above that are maintained primarily for purposes other than the transportation of persons or cargo. Self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning. b Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers. c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Named insured means the person or entity identified in Declarations Item 1. Nuclear facility means 4 A nuclear reactor. Equipment or devices designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste. Equipment or devices used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. Any structure basin excavation premises or place prepared or used for storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material. 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. Occurrence means W With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. With respect to personal and advertising injury an offense that results in personal and advertising injury. All damages that arise from the same related or repeated injurious material or offense will be deemed to arise out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used or the number of claimants. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 18 of 26 | 1 |
CC DD EE FF GG Other insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other insurance also means any retention in an insurance policy other than this policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other insurance does not include 1 Scheduled underlying insurance 2 The self insured retention or 3 Any policy of insurance specifically purchased to be excess of this policy and providing coverage also afforded by this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1 False arrest detention or imprisonment. 2 Malicious prosecution. 3 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. 4 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. 5 Oral or written publication in any manner of material that violates a person s right of privacy. 6 The use of another s advertising idea in the insured s advertisement. 7 Infringing upon another s copyright trade dress or slogan in the insured s advertisement. Policy period means the period of time from the inception date shown in Declarations Item 2 to the earlier of the expiration date shown in Declarations Item 2 or the date this policy terminates. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. For purposes of this definition waste shall include materials to be recycled reconditioned or reclaimed. Products completed operations hazard means all bodily injury and property damage occurring away from premises the insured owns or rents and arising out of your product or your work except products that are still in the insured s physical possession or work that has not yet been completed or abandoned. However your work will be deemed complete at the earliest of the following times 1 When all of the work called for in the insured s contract has been completed. 2 When all of the work to be done at the job site has been completed if the contract calls for work at more than one job site. 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 deemed to be completed. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 19 of 26 | 1 |
HH 1 J KK L MM NN 00 PP Products completed operations hazard does not include bodily injury or property damage arising out of the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured and that condition was created by the loading or unloading of that vehicle by any insured or the existence of tools uninstalled equipment or abandoned or unused materials. Property damage means physical injury to tangible property including all resulting loss of use of that property and 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 physical injury that caused it. For purposes of this insurance electronic data is not tangible property. Retained limit means for Insuring Agreement A the total applicable limits of the scheduled underlying insurance shown in Declarations Item 5 or the actual limits of such scheduled underlying insurance whichever is greater and for Insuring Agreement B the self insured retention. Scheduled underlying insurance means 1 The policy or policies of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2 Any renewal or replacement of any policy identified in Subparagraph 1 above. Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy. Self insured retention means the dollar amount set forth in Declarations Item 4 that the insured must pay before we are responsible to make payment under Insuring Agreement B. The self insured retention does not apply to occurrences that would have been covered by the scheduled underlying insurance but for the exhaustion of the applicable limits by the payment of loss. Source material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Special nuclear material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this policy applies are alleged including 1 An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any insured. 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. 1 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 20 of 26 | 1 |
QQ 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. RR Waste as used in the Nuclear Energy Liability Exclusion of this policy means any waste material i containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and ii resulting from the operation by any person or organization of a nuclear facility included under the first two paragraphs of the definition of nuclear facility. SS Your product means 1 Any goods or products other than real property that are manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. TT Your work 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. Your work includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Vil CONDITIONS A Actions Against Us No person or organization shall have a right under this policy 1 To bring suit against us in connection with this policy unless as a condition precedent thereto all policy terms and conditions have been fully complied with and the amount of an insured s obligation to pay shall have been finally determined either by judgment or written agreement between the insured the claimant or claimant s representative and us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 21 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. XCU 050 0811 Page 21 of 26 | 1 |
2 To join us as a party to any action against an insured to determine the insured s liability. This insurance does not give anyone the right to add us as a party in an action against the insured to determine the insured s liability. Appeals We have the right but not the duty to appeal any judgment in excess of the scheduled underlying insurance and the liability limits of other insurance even if the insured or the insurers providing the scheduled underlying insurance or other insurance do not appeal such a judgment. If we exercise this right we shall pay in addition to the policy s applicable Limits of Insurance all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Assignment Your rights and duties under this policy may not be transferred or assigned without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first named insured designated in Declarations Item 1 and mailed to the address shown on the Declarations will be sufficient notice to effect cancellation of this policy. Audit We may audit and examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after policy expiration or termination. Authorization and Notices The first named insured will act on behalf of all insureds with respect to the giving or receiving of any notices under this policy payment or return of premiums and receiving and accepting policy endorsements. The first named insured also shall be responsible for notifying us and all insureds of any changes that might affect the insurance provided by this policy. Bankruptcy or Insolvency The insured s bankruptcy insolvency receivership or inability to pay or the bankruptcy rehabilitation liquidation insolvency receivership or inability to pay of any insurers providing the scheduled underlying insurance or other insurance will not relieve us from the payment of loss covered by this policy. Under no circumstances will such bankruptcy rehabilitation liquidation insolvency receivership or inability to pay require us to drop down replace or assume any obligation under the scheduled underlying insurance and this insurance will apply as if all the limits of any scheduled underlying insurance are fully available and collectible. Cancellation and Non Renewal 1 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of a cancellation for any other reason. 3 We will mail or deliver notice to the first named insured s last mailing address known to us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 22 of 26 | 1 |
Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated at ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. Changes Notice to any agent or knowledge possessed by any agent of ours or any other person will not affect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement issued by us or our authorized representative and made part hereof. Duties in the Event of an Occurrence Claim or Suit 1 You must see to it that we are notified as soon as practicable of an occurrence that is likely to involve this policy. To the extent possible notice should include a How when and where the occurrence took place. b The names and addresses of any injured persons and any witnesses. c The nature and location of any injury or damage arising out of the occurrence. If a claim is made against any insured that is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must a Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim. b Authorize us to obtain records and other information. c Cooperate with us in the investigation settlement or defense of the claim. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 23 of 26 | 1 |
d Assist us in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. e Written notice should be mailed to the following address XL Group PO Box 614002 Orlando FL 32861 4002 Email napropcasclaimnewnoticesxIgroup.com 3 No insured will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings and sub headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We or our duly authorized agent have the right but not the duty to 1 Make inspections and surveys of the insured s premises and operations at any time. 2 Recommend changes. 3 Conduct loss control and prevention activity. Such inspections surveys reports or recommendations are for our benefit and relate to insurability of the risk and the premium to be charged for this policy and do not constitute a representation or warranty that the insured s premises operations or conditions are safe or healthy or comply with applicable laws regulations or codes. Maintenance of Underlying Insurance During the policy period you agree 1 To keep scheduled underlying insurance in full force and effect. 2 That the terms definitions conditions and exclusions of scheduled underlying insurance will not materially change. 3 That the policy limits for the scheduled underlying insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of loss. 4 That the coverage of any renewals or replacements of scheduled underlying insurance will be no less broad than and carry limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would have been if you fully complied with these requirements. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 24 of 26 | 1 |
Other Insurance If other insurance applies to damages covered by this policy this policy will apply excess of such other insurance. However this provision will not apply 1 2 If the other insurance is written to be excess of this policy. With respect to Insuring Agreement A only if you have agreed in a written contract with another person or organization that this policy shall be primary and non contributory with such other person or entity s coverage but only with respect to damages arising out of insured operations or work on your behalf performed under such written contract. When this Paragraph 2 applies the coverage available to the other person or organization will be the lesser of the policy s Limits of Insurance or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing in this Condition M shall make this policy subject to the terms conditions and limitations of such other insurance. Premium 1 2 The first named insured shall be responsible for payment of all premiums when due. The premium for this policy shall be computed on the basis set forth in Declarations Item 6. At the beginning of the policy period the first named insured must pay us the Premium shown in Declarations Item 6. When this policy expires or is cancelled we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the original premium paid you will promptly pay us the difference. If the earned premium is less than the original premium paid we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Declarations Item 6 for each twelve 12 months of the policy period. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to you this insurance applies as if each insured were the only insured and separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery 1 If any insured has the right to recover all or part of any payment we have made under this policy those rights are transferred to us. You must do nothing after loss to impair these rights and must help us enforce them. If prior to the time of an occurrence you and the insurer of scheduled underlying insurance waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we also will waive any rights it may have against such person or organization. Any recoveries shall be applied as follows a Any person or organization including you that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 25 of 26 | 1 |
b We will then be reimbursed up to the amount we have paid. c Lastly any person or organization including you that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations including you in the ratio of their respective recoveries as finally determined. Q Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 26 of 26 | 1 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI14A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions G Cancellation and Non Renewal is replaced with the following G Cancellation and Non Renewal 1 2 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. If this policy has been in effect for ninety 90 days or less we may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a Ten 10 days before the effective date of cancellation if we cancel for non payment of premium b Ninety 90 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for more than ninety 90 days or is a renewal of a policy we issued we may cancel this policy only for one or more of the reasons listed below by mailing or delivering to the first named insured written notice of cancellation at least a Ten 10 days before the effective date of cancellation if we cancel for non payment of premium b Ninety 90 days before the effective date of cancellation if i There has been a substantial change in the scale of risk covered by this policy ii Reinsurance of the risk associated with this policy has been cancelled or iii You have failed to comply with reasonable safety recommendations. We will mail or deliver notice to the first named insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. XCU 100 IN 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 2 | 2 |
6 10 If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than forty five 45 days before a The expiration date of this policy if the policy is written for a term of one year or less or b The anniversary date of this policy if the policy is written for a term of more than one year. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. All other terms and conditions remain the same. XCU 100 IN 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO INSURING AGREEMENT APPLICABILITY OF LIMITS ENDORSEMENT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section I. Insuring Agreements A and B l. It is agreed that the underlying general liability policy limits as shown in the scheduled underlying insurance shall remain in full force and effect during the term of this policy and only be reduced or exhausted by payment of loss to which this policy applies and which results from an occurrence taking place during the policy period. 1. In no event will this policy recognize any erosion or exhaustion of general liability underlying limits in payment of loss arising out of or in connection with any injury or damage not covered by this policy. If such loss is paid by the underlying general liability policyies this policy will operate and be liable only to the same extent that it would have if such loss had not been paid. All other terms and conditions remain the same. Page 1 of 1 XCU 428 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO LIMITS OF INSURANCE MODIFICATION OF GENERAL AGGREGATE LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY It is agreed that Section IV. Limits of Insurance C is deleted in its entirety and replaced by the following The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. All other terms and conditions remain the same. Page 1 of 1 XCU 429 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI14A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RETAIL SUPPLEMENTAL ENDORSEMENT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY I Section V. Exclusions A Exclusions Applicable to Insuring Agreements A and B is amended to include the following This insurance does not apply to 1 Professional Liability a Any liability arising out of any act error omission malpractice or mistake of a professional nature committed by the insured or any person for whom the insured is legally responsible. b However with respect to Insuring Agreements A and B 1 a above will not apply to i Any act error or omission in performing security guard or security related investigation services by or on behalf of the insured ii Any actual or alleged negligent act error or omission misstatement or misleading statement committed by your employee or salaried officer who is an attorney at law in the performance of professional legal services or iiiy Bodily injury or property damage resulting from professional services performed by or on behalf of the insured. However this exception iii does not apply to any bodily injury or property damage arising out of 1 Engineering architectural or surveying services to others in the insured s capacity as an engineer architect or surveyor including a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b supervisory or inspection activities performed as part of any related architectural or engineering activities. 2 The insured providing or hiring an independent professional to provide engineering architectural or surveying services in connection with any construction work the insured performs. Engineering architectural and surveying services do not include services within the construction means methods techniques sequences and procedures XCU 438 1213 2013 X.L. America Inc. All Rights Reserved. Page 10of 3 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. ii XCU 438 1213 | 2 |
employed by the insured in connection with the insured s operations in the insured s capacity as a construction contractor. Exclusions iii 1 and 2 apply even if the claims against the insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. Il For the purpose of this endorsement Section Il. Who Is An Insured includes the following under Insuring Agreements A and B Insured includes any vendor to whom you become obligated to include as an additional insured under this policy as a result of any written contract or agreement you enter into which requires you to furnish insurance to that vendor of the type provided by this policy provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement and only with respect to bodily injury or property damage arising out of your product distributed or sold in the regular course of the vendor s business subject to the below exclusions. The insurance afforded the vendor under this policy does not apply to a Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging unless packed solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of products Demonstration installation servicing or repair operations except such operations or sale performed at the vendor s premises in connection with the sale of the product or 9 Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor.. For the purpose of this endorsement Section VI. Definitions DD personal and advertising injury is amended to include the following Discrimination or humiliation on account of age gender race color national origin creed religion sexual orientation marital status veterans status pregnancy sickness disease disability physical capabilities physical characteristics physical condition mental capabilities mental condition or any other similar category or class but only if such discrimination or humiliation is a Not committed by at the direction of or with the knowledge of you andor any of your executive officers or directors and b Not directly or indirectly related to the employment of any person or persons by you. V. For the purpose of this endorsement Section VI. Definitions is amended to include the following additional definitions XCU 438 1213 2013 X.L. America Inc. All Rights Reserved. Page 2 of 3 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
VI VI A Defense expenses means any payment allocated to a specific loss claim or suit for its investigation settlement or defense including but not limited to 1 Attorney s fees and all other investigation loss adjustment and litigation expenses 2 Premiums on bonds to release attachments 3 Premiums on appeal bonds required by law to appeal any claim or suit 4 Costs taxed against the insured in any claim or suit 5 Pre judgment interest awarded against the insured and 6 Interest that accrues after entry of judgment. B Professional legal services means 1 Services rendered as an attorney at law on behalf of the insured or 2 Services provided by a lawyer in connection with any bar association its governing board or any of its committees. C Vendor means any person or organization while acting as a distributor or seller of your product in the regular course of the vendor s business. With respect to any liability for damages covered by this endorsement to which scheduled underlying insurance under Insuring Agreement A does not apply the Retail Supplemental Retained Amount shown below will apply. Retail Supplemental Retained Amount under Insuring Agreement B 1.000.000 Each Occurrence with respect to all damages arising out of any liability covered by this endorsement. The Retail Supplemental Retained Amount is the dollar amount shown above in this endorsement and must be paid before we are responsible for making any payment under the terms of this endorsement under Insuring Agreement B. The Retail Supplemental Retained Amount will not be reduced by defense expenses or supplementary payments. When the Retail Supplemental Retained Amount applies Section Ill. Defense and Settlement B is deleted and replaced by the following B We will have the right and duty to defend any suit against the insured that seeks damages arising out of coverage subject to the applicable Retail Supplemental Retained Amount once the Retail Supplemental Retained Amount has been exhausted by loss. The amount we will pay for damages covered by this endorsement is limited as described in Section IV. Limits of Insurance. To the extent that any provision of this endorsement conflicts with any provision of the policy or any of its other endorsements the provisions of this endorsement will apply. VI All other terms and conditions remain the same. XCU 438 1213 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to Any claim or suit brought by one named insured under this policy against another named insured under this policy. All other terms and conditions remain the same. XCU 635 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBER INTERNET OR WEBSITE EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to 1 2 the ownership maintenance or use of any Internet site or maintenance or use of the Internet the loss or alteration of any electronic data electronic information computer applications software computer operations software or any other similar data information or software in any computer hardware computer system computer network or the Internet damage to any computer hardware computer system computer network or the Internet as result of loss or alteration of any electronic data electronic information computer applications software computer operations software or any similar data information or software the controlling creating designing developing determining or providing an Internet site or the content or material of any Internet site the publication of content or material from or on the Internet or other publication. All other terms and conditions remain the same. XCU 637 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2 any act error or omission committed by or on behalf of the insured solely in the performance of one or more of the following administrative duties or activities a giving counsel to employees with respect to a plan b interpreting a plan c handling of records in connection with a plan d effecting enroliment termination or cancellation of employees under a plan or e any claim against an insured solely by reason of his her or its status as an administrator the plan or you as sponsor of the plan. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Claim means a written demand upon the insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 2 | 2 |
a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. a pension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or a combination of 1 and 2 above. All other terms and conditions remain the same. XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured or performance of duties related to the conduct of the insured s business. All other terms and conditions remain the same. XCU 654 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of An occurrence happening outside the United States of America its territories or possessions or Canada. All other terms and conditions remain the same. XCU 669 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of a Any liability which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b Any loss cost or expenses arising out of the abating testing for monitoring clean up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. For the purposes of this endorsement the following definition is added to Section VI. Definitions Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain the same. XCU 671 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain the same. XCU 735 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions B This insurance does not apply to Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the 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 insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. All other terms and conditions remain the same. XCU 758 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions C 10 is deleted in its entirety and replaced by the following This insurance does not apply to 10 Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. In addition to a b and c above this exclusion applies to any claims against any insured that allege negligence or other wrongdoing in 1. 2. The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. All other terms and conditions remain the same. Page 1 of 1 XCU 759 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 9 Violation of Communication or Information Laws is deleted in its entirety and replaced by the following Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions remain the same. Page 1 of 1 XCU 763 1213 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 4 is deleted in its entirety and replaced with the following 4 Access or Disclosure of Confidential or Personal Information and Data Related Liability a Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a or b above. All other terms and conditions remain the same. Page 1 of 1 XCU 764 0514 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. November 01 2014 forms a part of Policy No. US00064394LI114A issued to hhgregg Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program 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. With respect to this endorsement Declarations Item 4 Self Insured Retention is amended to include the following Terrorism Retained Limit 1.000.000 Each certified act of terrorism Solely with respect to any liability arising out of any certified act of terrorism Section Ill. Defense and Settlement is deleted in its entirety and replaced by the following The Company has no duty to assume control of the investigation defense or settlement of any claim made suit brought or proceeding instituted against the insured. The Company will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceeding relative to any occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. Section VI. Definitions is amended as follows a Item 1l Retained limit is deleted in its entirety and replaced by the following 1y Retained limit means whichever of the following is greater 1 For Insuring Agreement A the total of the applicable limits of scheduled underlying insurance providing coverage to the insured or the actual limits of such scheduled underlying insurance whichever is greater 2 For Insuring Agreement B the self insured retention stated in Declarations Item 4 applicable to each occurrence that results in a loss other than a certified act of terrorism not covered by scheduled underlying insurance or Page 1 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
3 The Terrorism Retained Limit shown in Paragraph II. above which applies to each certified act of terrorism whether or not there is applicable scheduled underlying insurance or any other collectible insurance. Applicable scheduled underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense expenses shall not erode the Terrorism Retained Limit. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Defense expenses means any payment allocated to the investigation settlement or defense of a specific claim or suit including the following Attorney s fees and all other investigation loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or suit Costs taxed against the insured by law to appeal any claim or suit Pre judgment interest awarded against the insured and Interest that accrues after entry of judgment. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendment thereto. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1 2 The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 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. All other terms and conditions remain the same. Page 2 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Libe Mutual. INSURANCE Policyholder Information Named Insured Mailing Address NEBRASKA S BEST LAWN LANDSCAPE 7535 N 120TH ST OMAHA NE 68142 Agent Mailing Address Phone No. 402 970 6100 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Dear Policyholder We know you work hard to build your business. We work together with your agent LOCKTON COMPANIES LLC 402 970 6100 Your to help protect the things you care about. Thank you for selecting us. Commercial Documents Enclosed are your insurance documents consisting of THIS IS NOT A BILL Your Commercial Documents Commercial Umbrella To find your limits of insurance and premium please refer to your Declarations pages. Please refer to your policy for specific coverages. If you have any questions or changes that may affect your insurance needs please contact your Agent at 402 970 6100 o Verify that all information is correct n o If you have any changes please contact your Agent at 402 970 6100 Reminders Incase of a claim call your Agent or 1 800 362 0000 s e E You Need To Know CONTINUED ON NEXT PAGE D To report a claim call your Agent or 1 800 362 0000 DS 70 20 01 08 | 2 |
You Need To Know continued NOTICES TO POLICYHOLDERS The Important Notices to Policyholders provide a general explanation of changes in coverage to your policy. The Important Notices to Policyholders is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights duties and what is and is not covered. FORM NUMBER TITLE NP 73 12 01 08 Policyholder Disclosure Notice Of Insurance Coverage For Certified Acts Of Terrorism NP 89 69 11 10 Important Policyholder Information Concerning Billing Practices NP 93 53 01 14 Important Notice Regarding the Expiration of the Terrorism Risk Insurance Act and the Reduction in Coverage for Terrorism Losses This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. | 2 |
LIBERTY MUTUAL INSURANCE COMMERCIAL UMBRELLA AND EXCESS LIABILITY 0L407201k uso 15 55 53 63 84 From 04012014 To Ok012015 NEBRASKA S BEST LAWN LANDSCAPE 7535 N 120TH ST OMAHA NE 68142 402 970 6100 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 POLICYHOLDER DISCLOSURE NOTICE OF INSURANCE COVERAGE FOR CERTIFIED ACTS OF TERRORISM You are hereby notified that under the Terrorism Risk Insurance Act that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism as defined in Section 1021 of the Act. The term act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of an air carrier or vessel or premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States government department of the treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if the aggregate insured losses attributable to terrorist acts certified on the terrorism risk insurance act exceed 100 billion in a program year January 1 through December 31 the treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. TERRORISM INSURANCE COVERAGE Your policy has been issued with Terrorism Coverage. The premium for coverage is shown on your policy declarations as Certified Acts of Terrorism Coverage. If you accept Terrorism Coverage no action on your part is required. REJECTION OF TERRORISM INSURANCE COVERAGE Should you choose not to accept Terrorism Coverage you have 45 days from the date of issuance of this notice to reject Terrorism Coverage. If you elect to reject the Terrorism Coverage within the next 45 days sign your name on the Policyholder Applicant s Signature line on NP 73 12 01 08 and return this form to Attn Commercial Umbrelia Excess Liability Terrorism P.O. Box 188060 Fairfield OH 45018 2011 Liberty Mutual Insurance. All rights reserved. NP 731201 08 Page 1 of 2 | 2 |
LIBERTY MUTUAL INSURANCE COMMERCIAL UMBRELLA AND EXCESS LIABILITY POLICYHOLDER DISCLOSURE NOTICE OF INSURANCE COVERAGE FOR CERTIFIED ACTS OF TERRORISM Upon receipt of your signed rejection notice we will endorse your policy to exclude Terrorism Coverage for the current policy term returning premium or adjusting your account balance subject to a Minimum Premium as appropriate. In addition to adjusting the terrorism premium we will attach a terrorism exclu sion to your policy. Before making a decision to reject terrorism insurance refer to the Underlying Coverage Requirement located at the end of this Notice. D hereby reject Terrorism Coverage for this policy and elect to have the exclusion for Terrorism Cov erage added. understand that will have no coverage for losses arising from acts of terrorism. Poticyholder Applicant s Signature Print Name Date Signed Named Insured Policy Number NEBRASKA S BEST LAWN LANDSCAPE uso 15 55 53 63 84 ne Policy Effective Expiration Date From 04012014 To 04012015 UNDERLYING COVERAGE REQUIREMENT This policy will apply to Terrorism Coverage only in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying insurance and the applicable limits of any other insurance providing coverage to you during the Policy Period. If you fail to comply with this Underlying Coverage Requirement and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this requirement. Attn Commercial Umbrella Excess Liability Terrorism P.O. Box 188060 Fairfield OH 45018 2011 Liberty Mutual Insurance. Al rights reserved. Page 2 of 2 NP 73120108 | 2 |
NP 8969 1110 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent the account and policy billed the billing company payment plan policy number transaction dates description of transactions charges credits policy amount balance mini mum amount and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans e Annual Payment Plan When this plan applies you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. e Instaliment Payment Plan When this plan applies you have elected to pay your policy premium in instaliments e.g. quarterly or monthly installments Installment Payment Plans vary by state. As noted below an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee If you elected to pay your premiums in installments using the Instaliment Premium Payment Plan an installment billing fee applies to each installment bill. The installment billing charge will not apply however if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the instaliment charge varies from state to state please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case and your premium payment withdrawal request is returned to us dishonored a payment return fee will apply. Because the amount of the return fee varies from state to state please consult your Premium Notice for the actual fee that applies. Late Payment Fee If we do not receive the minimum amount due on or before the date or time the payment is due as indicated on your Premium Notice you will receive a policy canceliation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non payment of a scheduled installments may resuit in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note Please note that some states do not permit the charging of certain fees. Therefore if your state does not allow the charging of an Installment Payment Plan Dishonored Payment or Late Payment Fee the disallowed fee will not be charged and will not be included on your Premium Notice. EFT Automatic Withdrawals Payment Option When you select this option you will not be sent Premium Notices and in most cases will not be charged instaliment fees. For more information on our EFT Auto matic Withdrawals payment option refer to the attached policyholder plan notice and enroliment sheet. Once again please contact your agent if you have any questions about the above billing practice informa tion. Thank you for selecting us to service your insurance needs. 2010 Liberty Mutual Insurance Company. Al rights reserved. Page 10f 1 NP 89691110 | 2 |
NP 93 53 01 14 IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES PLEASE READ THIS NOTICE CAREFULLY This is to notify you of a reduction in coverage for terrorism losses under your insurance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government certified acts of terror ism between insurers and the federal government. In summary TRIA requires insurers to make coverage for certified acts of terrorism available and to pay losses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government will reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after Decem ber 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or allow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. 2014 Liberty Mutual Insurance Includes copyrighted material of insurance Services Office Inc. with its permission. NP 93530114 Page 1 of 1 | 2 |
Libe Muturtya. INSURANCE Coverage Is Provided In Policy Number Liberty The Ohio Casualty Insurance Company USO 15 55536384 Mutual. INSURANCE Commercial Umbrella Policy Declarations Basis Occurrence ITEM 1 NAMED INSURED MAILING ADDRESS AGENT MAILING ADDRESS PHONE NO. NEBRASKA S BEST LAWN LANDSCAPE 402 970 6100 7535 N 120TH ST LOCKTON COMPANIES LLC OMAHA NE 68142 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 nbrella tions Named Insured Is LIMITED LIABILITY COMPANY Named Insured Business Is LANDSCAPE GARDENING ITEM 2 POLICY PERIOD From 04012014 TO 04012015 1201 AM Standard Time at Insured Mailing Location ITEM 3 PREMIUM CHARGES Explanation of DESCRIPTION PREMIUM Ch arges c ial Umbrella 1419.00 Certified Acts of Terrorism Coverage 14.00 Included Total Advance Charges 1419.00 Note This is not a bill BASIS OF PREMIUM NON AUDITABLE X AUDITABLE IN THE EVENT OF CANCELLATION BY THE NAMED INSURED THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN 0 OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES. ITEM 4 LIMITS OF INSURANCE DESCRIPTION LIMIT EACH OCCURRENCE 2000000 AGGREGATE WHERE APPLICABLE 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE 2000000 SELF INSURED RETENTION 50 Servicing Office Mid West Regional Office and Issue Date 040714 Authorized Representative To report a claim call your Agent or 1 800 362 0000 DS 70 22 01 08 040714 55536384 NO188170 340 CAOPPNO INSURED GOPY 000335 PAGE 11 OF 54 NO188170 340 ICAOPPNO INSURED COPY nan nan nan nan 335.0 PAGE 11 OF 54 | 2 |
Libe Muturtyal. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company UsD 15 55536384 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE CARRIER POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE OHIO SECURITY BKS1555536384 04012014 04012015 GENERAL LIABILITY 1000000 EACH OCCURRENCE LIMIT 1000000 PERSONAL AND ADVERTISING INJURY LIMIT 2000000 GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT OHIO SECURITY INSURANCE COMPANY OWNED AND HIRED AND OR NONOWNED AUTO LIABILITY 1000000 COMBINED SINGLE LIMIT BKS1555536384 04012014 04012015 BAS1555536384 04012014 04012015 OHIO SECURITY INSURANCE EMPLOYERS 500000 BODILY INJURY EACH COMPANY LIABILITY ACCIDENT LIMIT 500000 BODILY INJURY BY XWS1555536384 DISEASE AGGREGATE 04012014 04012015 LIMIT 500000 BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT EMPLOYERS LIABILITY COVERAGE IS NOT PROVIDED FOR CLAIMS BY EMPLOYEES WHO ARE SUBJECT TO THE WORKERS COMPENSATION LAWS OF NEW YORK XWS1555536384 04012014 04012015 To report a claim call your Agent or 1 800 362 0000 DS 70 23 01 08 040714 55536384 N0188170 340 ICAOPPNO INSURED GOPY 000335 PAGE 12 OF 54 NO188170 340 ICAOPPNO INSURED GOPY nan nan nan nan 335.0 PAGE 12 OF 54 | 2 |
Libe Mut tzi. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty insurance Company US0 15 55536384 POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER CU 60 02 06 97 CU 60 39 01 08 CU 60 40 01 08 CU 61 06 06 97 CU 61 50 11 06 CU 61 70 09 08 CU 63 44 06 97 CU 63 80 12 04 CU 64 00 12 04 CU 64 79 05 09 CU 64 80 11 04 CU 64 82 11 04 CU 64 87 10 05 CU 64 9201 07 CU 65 08 01 09 CU 88 01 12 02 CU 88 02 05 09 CU 88 03 12 07 CU 88 30 05 09 CU 883902 10 CU 89 29 01 07 TITLE Commercial Umbrella Coverage Form Cap on Losses from Certified Acts of Terrorism Underlying Coverage Requirement for Certified Acts of Terrorism Auto Liability Following Form Contractors Limitation Endorsement Nebraska Changes Cancellation and Nonrenewal Foreign Liability Following Form Fungi or Bacteria Exclusion Exterior Insulation and Finish System Exclusion Exclusion Recording and Distribution of Material or Information in Violation of the Law Silicate Exclusion Amendment to Definition of Property Damage Economic or Trade Sanctions Condition Endorsement. Mobile Equipment Following Form Exclusion of Punitive Damages Related to Certified Acts of Terrorism War Liability Exclusion Non Cumulation of Liability Same Occurrence Employment Related Practices Exclusion Amendatory Endorsement Amendment of Definition of Insured Conditional Exclusion Of Terrorism Involving Nuclear Biological Or Chemical Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act 040714 In witness whereof we have caused this policy to be signed by our authorized officers. Doxter. Jrf Dexter Legg Paul Condrin Secretary President To report a claim call your Agent or 1 800 362 0000 DS 70 23 01 08 55536384 NO188170 340 ICAOPPNO INSURED COPY 000335 PAGE 13 OF 54 ICAOPPNO INSURED COPY NO188170 340 nan nan nan nan 335.0 PAGE 13 OF 54 | 2 |
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CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM Insuring Agreement V. DEFINITIONS. Words and phrases that appear in quotation marks have spe cial meaning and can be found in the DEFINITION Section or the specific policy provision where they appear. There are provisions in this policy that restrict coverage. Read the entire policy carefully to deter mine rights duties and what is and is not cov ered. Throughout this policy the words you and your refer to the Named Insured as defined in Insuring Agreement V. DEFINITIONS. The words we us and our refer to the Company pro viding this insurance. The word Insured means any person or organization qualifying as such in In consideration of the payment of the premium and in reliance upon the statements in the Dec larations we agree with you to provide coverage as follows INSURING AGREEMENTS 1. COVERAGE We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage personal injury or advertising injury that takes place during the Policy Pe riod and is caused by an occurrence hap pening anywhere. The amount we will pay for damages is limited as described below in the Insuring Agreement Section Ii. LIMITS OF IN SURANCE. Il LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 4. of the Declarations and the rules below state the most we will pay regardless of the number of 1. insureds 2. claims made or suits brought or 3. persons or organizations making claims or bringing suits. B. The General Aggregate Limit is the most we will pay for all damages covered under the Insuring Agreement in Section. ex cept 1. damages included in the products completed operations hazard and 2. coverages included in the policies list ed in the Schedule of Underlying Insur ance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage personal injury or advertising injury subject to an aggregate limit in the un derlying insurance. The General Aggre gate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. C. The Products Completed Operations Ag gregate Limit is the most we will pay for all damages included in the products completed operations hazard. D. Subject to B. or C. in Section Il. LIMITS OF INSURANCE whichever applies the Each Occurrence Limit is the most we will pay for bodily injury property damage Page 1 of 15 CU 6002 06 97 | 0 |
personal injury or advertising injury covered under the Insuring Agreement in Section I. because of all bodily injury property damage personal injury or advertising injury arising out of any one occurrence.. If the applicable Limits of Insurance of the policies listed in the Schedule of Under lying Insurance or of other insurance pro viding coverage to the Insured are re duced or exhausted by actual payment of one or more claims subject to the terms and conditions of this policy we will 1. in the event of reduction pay in excess of the reduced underlying Limits of In surance or 2. in the event of exhaustion continue in force as underlying insurance but for no broader coverage than is avail able under this policy.. The Limits of Insurance of this policy ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the begin ning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for pur poses of determining the Limits of Insur ance.. Retained Limit We will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the retained limit which is the great er of 1. the total amounts stated as the ap plicable limits of the underlying poli cies listed in the Schedule of Under lying Insurance and the applicable lim its of any other insurance providing coverage to the Insured during the Policy Period or 2. the amount stated in the Declarations as Self Insured Retention as a result of any one occurrence not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing cov erage to the Insured during the Poli cy Period and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. Once the Self Insured Retention has been exhausted by actual payment of claims in full by the Insured the Self insured Retention will not be reapplied or again payable by the Insured for said Policy Period. Ill. DEFENSE A. We will have the right and duty to investi gate any claim and defend any suit seeking damages covered by the terms and conditions of this policy when 1. the applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing coverage to the Insured have been exhausted by ac tual payment of claims for any oc currence to which this policy applies or 2. damages are sought for any occur rence which is covered by this policy but not covered by any underlying policies listed in the Schedule of Un derlying Insurance or any other insur ance providing coverage to the In sured. B. When we assume the defense of any claim or suit 1. We will investigate any claim and defend any suit against the In sured seeking damages on account of any occurrence covered by this poli cy. We have the right to investigate defend and settle the claim or suit as we deem expedient. 2. All expenses we incur in the investiga tion of any claim or defense of any suit are in addition to our Limits of Insurance. CU 6002 06 97 Page 2 of 15 | 1 |
3. We will pay the following as expenses to the extent that they are not included in the coverage in the underlying poli cies listed in the Schedule of Under lying Insurance or in any other insur ance providing coverage to the in sured a. premiums on bonds to release at tachments which bond amounts will not exceed our Limits of In surance but we are not obligated to apply for or furnish any such bond b. premiums on appeal bonds which bond amounts will not ex ceed our policy limits required by law to appeal any claim or suit we defend but we are not obligated to apply for or furnish any such bond c. all costs taxed against the In sured in any claim or suit we defend d. pre judgment interest awarded against the Insured on that part of the judgment we pay that is within our applicable Limits of In surance. If we make an offer to pay the applicable Limits of Insur ance we will not pay any pre judgment interest based on the period of time after the offer e. all interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance f. the Insured s actual and reason able expenses incurred at our re quest.. We will not investigate any claim or de fend any suit after our applicable Limits of Insurance have been exhausted by pay ment of judgments or settlements.. In all other instances except Subsection A. in Section Iil. DEFENSE we will not be obligated to assume charge of the inves tigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occur rence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. IV. EXCLUSIONS This insurance does not apply to A. Bodily injury or property damage ex pected or intended from the standpoint of the Insured. This exclusion does not ap ply to bodily injury resulting from the use of reasonable force to protect persons or property. B. Any obligation of the Insured under a Workers Compensation Unemployment Compensation or Disability Benefits Law or under any similar law regulation or ordinance. C. Any obligation of the Insured under the Employee Retirement Income Security Act of 1974 or any amendments to that act or under any similar law regulation or ordi nance. D. Any obligation of the Insured under a No Fault Uninsured Motorist or Underin sured Motorist law or under any similar law regulation or ordinance. E. Property damage to impaired property or property that has not been physically injured arising out of 1. a defect deficiency inadequacy or dangerous condition in your product or your work or 2. a delay or failure by you or anyone acting on your behalf to perform a con tract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Page 3 of 15 CU 60 02 06 97 | 1 |
F. Property damage to your product aris ing out of it or any part of it. G. Property damage to your work arising out of it or any part of it and included in the products completed operations haz ard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. your product 2. your work or 3. impaired property if such product work or property is with drawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Property damage to property owned by the Insured. J. Personal injury or advertising injury 1. arising out of oral written televised videotaped or electronic publication of material if done by or at the direction of the Insured with knowledge of its falsity I arising out of oral written televised videotaped or electronic publication of material whose first publication took place before the beginning of the poli cy period 3. arising out of the willful violation of a penal statute or ordinance committed by or with consent of the Insured or 4. for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liabil ity for K. damages that the Insured would have in the absence of the contract or agreement. Advertising injury arising out of 1. breach of contract other than misap propriation of advertising ideas under an implied contract 2. the failure of goods products or ser vices to conform with advertised qual ity or performance 3. the wrong description of the price of goods products or services or 4. an offense committed by an Insured whose business is advertising broad casting publishing or telecasting.. Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or in any way related to 1. The actual alleged or threatened pres ence discharge dispersal seepage migration release or escape of pollu tants however caused. 2. Any request demand or order that any Insured or others test for monitor clean up remove contain treat de toxify neutralize or in any way re spond to or assess the effects of pol lutants. This includes demands direc tives complaints suits orders or re quests brought by any governmental entity or by any person or group of persons. 3. Steps taken or amounts incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat de toxify or neutralize or assess the ef fects of pollutants. This exclusion will apply to any liability costs charges or expenses or any judg ments or settlements arising directly or indirectly out of pollution whether or not the poliution was sudden accidental grad ual intended expected unexpected pre ventable or not preventable. CU 60 02 06 97 Page 4 of 15 | 1 |
As used in this exclusion pollutants means any solid liquid gaseous or ther mal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste ma terial. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. M. Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolu tion. This exclusion applies only to liability assumed under a contract or agreement. N. Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or related in any way either directly or indirectly to 1. asbestos asbestos products asbestos containing materials or products as bestos fibers or asbestos dust includ ing but not limited to manufacture mining use sale installation removal or distribution activities N exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos pro ducts asbestos containing materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate settle or defend or indemnify any person against any claim or suit arising out of or related in any way either directly or indirectly to asbestos as bestos products asbestos containing materials or products asbestos fibers or asbestos dust. 0. Bodily injury property damage per sonal injury or advertising injury aris ing out of any 1. refusal to employ or promote 2. termination of employment 3. coercion demotion evaluation reas signment discipline defamation ha rassment molestation humiliation discrimination or other employment re lated practices policies acts or omis sions or 4. consequential bodily injury proper ty damage personal injury or ad vertising injury as a result of O.1. through 0.3. This exclusion applies whether the In sured may be held liable as an employer or in any other capacity and to any obliga tion to share damages with or to repay someone else who must pay damages be cause of bodily injury property dam age personal injury or advertising in jury. Bodily injury property damage per sonal injury or advertising injury ex cluded by the Nuclear Energy Liability Ex clusion attached to this Policy.. The following items 1. through 4. except to the extent that such insurance is pro vided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 1. Liability of any employee with respect to bodily injury property damage personal injury or advertising in jury to you or to another employee of the same employer injured in the course of such employment. 2. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any watercraft if such watercraft is owned or chartered with out crew by or on behalf of any In sured. This exclusion will not apply to watercraft while ashore on any prem ises owned by rented to or controlled by you. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any aircraft if such aircraft is owned or hired without pilot or crew by or on behalf of any Insured. Page 5 of 15 CU 6002 06 97 | 1 |
4. Bodily injury to a. an employee of any Insured arising out of and in the course of i. employment by any in sured or ii. performing duties related to the conduct of any In sured s business or b. the spouse child parent brother or sister of that employee as a consequence of Paragraph 4.a. This exclusion applies a. whether any Insured may be liable as an employer or in any other capacity and b. to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. V. DEFINITIONS A. Advertising injury means injury arising solely out of advertising activities of any Insured as a result of one or more of the following offenses during the policy pe riod 1. oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices L4 oral written televised videotaped or electronic publication of material that violates a person s right of privacy 3. misappropriation of advertising ideas or style of doing business infringement of copyright title or slo gan or 5. mental injury mental anguish humili ation or shock if directly resulting from Items A.1. through A4. o. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include mo bile equipment. Bodily injury means physical injury sick ness or disease including death of a per son. Bodily injury also means mental injury mental anguish humiliation or shock if directly resulting from physical injury sickness or disease to that person. Claim means any demand for monetary damages upon an Insured resulting from a covered occurrence.. Impaired property means tangible prop erty other than your product or your work that can not be used or is less use ful because 1. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dan gerous or 2. you have failed to fuifill the terms of a contract or agreement if such property can be restored to use by 1. the repair replacement adjustment or removal of your product or your work or 2. your fulfilling the terms of the contract or agreement.. Insured means each of the following to the extent set forth 1. The Named Insured meaning a. Any person or organization listed in Item 1. of the Declarations and any Company of which you own more than 50 as of the effective date of this policy. b. Any organization you newly ac quire or form other than a part nership joint venture or limited liability company and over which you maintain ownership or major ity interest will qualify to be a Named Insured. However CU 60 02 06 97 Page 6 of 15 | 1 |
1 coverage under this provi sion is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 coverage does not apply to bodily injury property damage personal injury or advertising injury that occurred before you acquired or formed the organization and 3 coverage applies only if the organization is included un der the coverage provided by the policies listed in the Schedule of Underlying In surance and then for no broader coverage than is provided under such under lying policies.. If you are an individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner as of the effective date of this policy.. If you are a partnership or joint ven ture the partners or members and their spouses but only as respects the conduct of your business.. If you are a limited liability company the members or managers but only as respects the conduct of your business.. Any person or organization other than the Named Insured included as an ad ditional Insured by virtue of an in sured contract and to which coverage is provided by the underlying insur ance and for no broader coverage than is provided by the underlying insurance to such additional In sured.. Any of your partners executive offi cers directors or employees but only while acting within the scope of their duties. However the coverage granted by this Provision 6. does not apply to the own ership maintenance use loading or unloading of any autos aircraft or watercraft unless such coverage is in cluded under the policies listed in the Schedule of Underlying Insurance and for no broader coverage than is pro vided under such underlying policies. Employees include leased workers but not temporary workers. Leased workers are leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform related duties to the con duct of your business. Leased work ers are not temporary workers. Temporary workers are persons fur nished to you to substitute for perma nent employees on leave or to meet seasonal or short term workioad condi tions. 7. Any person other than one of your employees or organization while act ing as your real estate manager. Any person other than your partners executive officers directors stockhol ders or employees or organizations with respect to any auto owned by you loaned to you or hired by you or on your behalf and used with your per mission. However the coverage granted by this Provision 8. does not apply to any per son using an auto while working in a business that sells services repairs or parks autos unless you are in that business. 9. No person or organization is an In sured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.. Insured contract means any oral or writ ten contract or agreement entered into by you and pertaining to your business under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided that the bodily in jury or property damage occurs subse quent to the execution of the contract or Page 7 of 15 CU 60 02 06 97 | 1 |
a. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment or b. cherry pickers and similar devices used to raise or lower workers 6. vehicles not described in 1. 2. 3. or 4. above maintained primarily for pur poses other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently at tached equipment are not mobile equipment but will be considered autos a. equipment designed primarily for 1 snow removal 2 road maintenance but not construction or resurfacing or street cleaning b. cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower work ers and c. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment. J. Occurrence means 1. as respects bodily injury or prop erty damage an accident including continuous or repeated exposure to substantially the same general harmfut conditions 2. as respects personal injury an of fense arising out of the business of any insured that results in personal injury. Ali damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the agreement. Tort liability means a civil liability that would be imposed by law in the absence of any contract or agreement. Loading or unloading means the han dling of property 1. after it is removed from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. while it is in or on an aircraft water craft or auto 3. while it is being moved from an air craft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto.. Mobile equipment means any of the fol lowing types of land vehicles including any attached machinery or equipment 1. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. vehicles maintained for use solely on or next to premises you own or rent 3. vehicles that travel on crawler treads vehicles whether seif propelled or not maintained primarily to provide mobil ity to permanently mounted a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrap ers or rollers 5. vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types CU 60 02 06 97 Page 8 of 15 | 1 |
b. work that has not yet been com pleted or abandoned. 2. Your work will be deemed complet ed at the earliest of the following times a. When all of the work called for in your contract has been complet ed. b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c. When that part of the work done at a job site has been put to its intended use by any person or or ganization other than another con tractor or subcontractor working on the same project. Work that may need service mainten ance correction repair or replacement but which is otherwise complete will be treated as completed. 3. This products completed operations hazard does not include bodily in jury or property damage arising out of a. the transportation of property un less the injury or damage arises out of a condition in or on a ve hicle created by the loading or unloading of it b. the existence of tools uninstalled equipment or abandoned or un used materials.. Property damage means 1. physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss will be deemed to occur at the time of the occurrence that caused it. Suit means a civil proceeding which seeks monetary damages because of bod ily injury property damage per K. frequency or repetition thereof the number and kind of media used and the number of claimants 3. as respects advertising injury an of fense committed in the course of ad vertising your goods products and ser vices that results in advertising in jury. All damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Personal injury means injury other than bodily injury or advertising injury aris ing out of one or more of the following offenses during the policy period 1. false arrest detention or imprison ment 2. malicious prosecution L the wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor 4. oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices 5. oral written televised videotaped or electronic publication of material that violates a person s right of privacy or 6. mental injury mental anguish humili ation or shock if directly resulting from Items K.1. through 5. Products completed operations haz ard means all bodily injury and property damage from an occur rence taking place away from prem ises you own or rent and arising out of your product or your work except a. products that are still in your physical possession or Page 9 of 15 CU 6002 06 97 | 1 |
sonal injury or advertising injury to which this insurance applies. Suit in cludes 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 0. Underlying insurance means the insur ance coverage provided under policies shown in the Schedule of Underlying In surance or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide 1. at least the same policy limits and 2. insurance for the same hazards except as to any modifications which are agreed to by us in writing. P. Your product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or. a person or organization whose business or assets you have ac quired and 2. Containers other than vehicles materi als parts or equipment furnished in connection with such goods or pro ducts. Your product includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. Your work means 1. work or operations performed by you or on your behalf and 2. materials parts or equipment fur nished in connection with such work or operations. Your work includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. VI. Conditions A. Appeals If the Insured or an Insured s under lying insurers do not appeal a judgment in excess of the retained limit we have the right to make such an appeal. If we elect to appeal our liability on such an award or judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec larations plus the cost and expense of such appeal. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expira tion or termination of this policy.. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any Insured or the bankruptcy insolvency or inability to pay of any of the Underlying Insurers will not relieve us from the payment of any claim or suit covered by this policy. Under no circum stances will such bankruptcy insolvency or inability to pay require us to drop down and replace the retained limit or assume any obligation with the retained limit. CU 60 02 06 97 Page 10 of 15 | 1 |
D. Canceliation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of nonpayment of premium we must mail or deliver to you not less than ten 10 days advance written no tice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than thirty 30 days advance written notice stating when the can celiation is to take effect. Mailing that notice to you at your mailing address shown in ltem 1. of the Declarations will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation no tice. 4. If we cancel final premium will be cal culated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Pre mium as shown in item 3. of the Dec larations. 5. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the Minimum Pre mium as shown in Item 3. of the Dec larations. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella tion will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be suf ficient tender of any refund due you. 7. The first Named Insured in ltem 1. of the Declarations will act on behalf of all other Insured s with respect to the giving and receiving of notice of can cellation and the receipt of any refund that may become payable under this policy. 8. Any of these provisions that conflict with a law that controls the cancella tion of the insurance in this policy is changed by this statement to comply with the law. E. Changes Notice to any agent or knowledge pos sessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy and that is signed by one of our authorized repre sentatives. F. Duties in The Event of An Occurrence Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an occur rence which may resuit in a claim or suit under this policy. To the ex tent possible notice will include a. how when and where the occur rence took place b. the names and addresses of any injured person and witnesses c. the nature and location of any in jury or damage arising out of the occurrence. 2. If a cl or suit against any In sured is reasonably likely to involve this policy you must notify us in writ ing as soon as practicable. 3. You and any other involved Insured must a. immediately send us copies of any demands notices summons es or legal papers received in con nection with the claim or suit b. authorize us to obtain records and other information Page 11 of 15 CU 60 02 06 97 | 1 |
1. to keep the policies listed in the Sched ule of Underlying Insurance in full force and effect 2. that any renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be more restrictive in coverage 3. that the Limits of Insurance of the poli cies listed in the Schedule of Under lying Insurance will be maintained ex cept for any reduction or exhaustion of aggregate limits by payment of claims or suits for occurrences covered by underlying insurance and 4. that the terms conditions and endorse ments of the policies listed in the Schedule of Underlying Insurance will not change during the period of this policy such as to increase the coverage afforded under this policy. If you fail to comply with these require ments we will only be liable to the same extent that we would have been had you fully complied with these requirements. Other Insurance If other insurance applies to a loss that is also covered by this policy this policy will apply excess of the other insurance. Noth ing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. How ever this provision will not apply if the other insurance is specifically written to be excess of this policy. Premium The first Named Insured designated in Item 1. of the Declarations will be respon sible for payment of all premiums when due. The premium for this policy will be com puted on the basis set forth in Item 3. of the Declarations. At the beginning of the policy period you must pay us the Ad vance Premium shown in Item 3. of the Declarations. When this policy expires or if it is can celed we will compute the earned pre mium for the time this policy was in force. if this policy is subject to audit adjust c. cooperate with us in the inves tigation settlement or defense of the claim or suit and d. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured be cause of injury or damage to which this insurance may also ap ply. 4. The Insured s will not except at their own cost voluntarily make a pay ment assume any obligation or incur any expense other than for first aid without our consent. G. Inspection We have the right but are not obligated to inspect the premises and operations of any Insured at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and op erations of any Insured and the premi ums to be charged. We may give you re ports on the conditions we find. We may also recommend changes. While they may help reduce losses we do not undertake to perform the duty of any person or organi zation to provide for the health or safety of any employees or the public. We do not warrant that the premises or operations of any Insured are safe or healthful or that they comply with laws regulations codes or standards.. Legal Actions Against Us There will be no right of action against us under this insurance unless 1. you have complied with all the terms of this policy and 2. the amount you owe has been deter mined by settlement with our consent or by actual trial and final judgment This insurance does not give anyone the right to add us as a party in an action against you to determine your liability.. Maintenance of Underlying Insurance During the period of this policy you agree Page 12 of 15 CU 6002 06 97 | 1 |
Expenses incurred in the exercise of rights of recovery will be apportioned between the interests including the Insured in the ratio of their respective recoveries as finally settled.. Terms Conformed to Statute The terms of this Policy which are in con flict with the statutes of the state where this Policy is issued are amended to con form to such statutes. If we are prevented by law or statute from paying on behalf of an Insured then we will where permitted by law or statute indemnify the Insured for those sums in excess of the retained limit. Transfer of Your Rights And Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named In sured designated in item 1. of the Declara tions and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy.. When Loss Is Payable Coverage under this policy will not apply unless and until any Insured or an In sured s underlying insurer is obligated to pay the retained limit. When the amount of loss has finally been determined we will promptly pay on be half of the Insured the amount of loss falling within the terms of this policy. You will promptly reimburse us for any amount within the Self Insured Retention advanced by us at our discretion on behaif of any Insured. ment the actual exposure basis will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we will retain the Minimum Pre mium as shown in Item 3. of the Declara tions for each twelve months of our policy period.. Separation of Insureds Except with respect to our Limits of Insur ance and any rights or duties specifically assigned to the first Named Insured des ignated in ltem 1. of the Declarations this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom claim is made or suit brought.. Transfer of Rights of Recovery Against Others to Us If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows 1. any interests including the Insured that have paid an amount in excess of our payment under this policy will be reimbursed first 2. we then will be reimbursed up to the amount we have paid and 3. lastly any interests including the in sured over which our insurance is excess are entitled to claim the resi due. Page 13 of 15 CU 60 02 06 97 | 1 |
NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to 1. Any liability injury or damage a. with respect to which any Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Associ ation Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaus tion of its Limits of Insurance or b. resulting from the hazardous properties of nuclear material and with respect to which a a person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b any Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement en tered into by the United States of America or any agency thereof with any person or organization. 2. Any injury or nuclear property damage re sulting from the hazardous properties of nuclear material if a. the nuclear material a is at any nu clear facility owned by or operated by or on behalf of any Insured or b has been discharged or dispersed therefrom b. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any Insured or c. the injury or nuclear property damage arises out of the furnishing by any In sured of services materials parts or equipment in connection with the plan ning construction maintenance operation or use of any nuclear facility but if such facility is tocated within the United States of America its territories or possessions or Canada this Exclusion 2.c. applies only to nuclear property damage to such nu clear facility and any property therein. 3. As used in this exclusion a. Hazardous properties includes radioac tive toxic or explosive properties. b. Nuclear facility means i. any nuclear reactor ii. any equipment or device designed or used for 1 separating the isotopes of urani um or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging nuclear waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment or de vice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination there of or more than 250 grams of uranium 235 iv. any structure basin excavation prem ises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all op erations considered on such site and all premises used for such operations c. Nuclear material means source mate rial special nuclear material or by product material. d. Nuclear property damage includes all forms of radioactive contamination of property. CU 6002 06 97 Page 14 of 15 | 1 |
Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable ma terial. Nuclear waste means any nuclear waste material a containing by product mate rial other than the tailings of nuclear waste produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source ma terial content and b resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under Para graph 3.b.i. or 3.b.ii. g. B4 Source material special nuclear mate rial and by product material have the meanings given them in the Atomic En ergy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. This endorsement does not change any other pro vision of the policy. In Witness Whereof we have caused this policy to be executed and attested but this policy will not be valid unless countersigned by one of our duly authorized representatives where required by law. Page 15 of 15 CU 6002 06 97 | 1 |
COMMERCIAL UMBRELLA COVERAGE CU 6039 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concutrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement does not change any other provision of the policy. CU 60 39 01 08 | 2 |
COMMERCIAL UMBRELLA COVERAGE CU 60400108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism we will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the Insured during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for Certified Acts of Terrorism and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this requirement. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 56 million in the aggregate attributabie to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popuiation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 60 40 01 08 | 2 |
CU 61 06 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS Any liability arising out of the ownership maintenance operation use loading or unloading of any auto except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 6106 06 97 | 2 |
CU 61501106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATION ENDORSEMENT Exclusions IV.F. and IV.G. are deleted from this policy and the following exclusion is added to Section iV EXCLUSIONS 1. a. Any liability assumed by any Insured under any insured contract or b. Any property damage 1 to your product arising out of it or any part of it 2 to your work arising out of it or any part of it and included in the products completed operations hazard 3 to property leased or rented to occupied or used by or in the care custody or control of any Insured or as to which any Insured is for any purpose exercising physical control 4 arising out of a blasting or explosion other than the explosion of air or steam vessels piping under pres sure prime movers machinery or power transmitting equipment or b the collapse of or structural injury to any building or structure due to a grading of land excavation burrowing filling or back filling tunneling pile driving coffer dam work or caisson work or b moving shoring underpinning razing or demolition of any building or structure or removal or rebuilding of any structural support thereof or c injury to or destruction of wires conduits pipes mains sewers tanks tunnels any similar property and any apparatus in connection therewith beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling burrowing filling back filling or pile driving except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. 2. Any liability arising out of a. any project insured under a wrap up or any similar rating plan or b. the rendering of or failure to render any professional services including but not limited to 1 the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 supervisory inspection architectural or engineering activities. This endorsement does not change any other provision of the policy. CU 615011 06 | 2 |
COMMERCIAL UMBRELLA CU 61700908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIABILITY COVERAGE PART Section VI CONDITION D. Cancellation Paragraph 2 is deleted and the following condition is added to Section VI CONDITIONS D. Cancellation 2. a. b. If this policy has been in effect for 60 days or less we may cancel this policy for any reason. If this policy has been in effect for 60 days or more or is a renewal policy we issued we may cancel this policy only for one or more of the following reasons 1 nonpayment of premium 2 the policy was obtained through a material misrepresentation 3 violation by you of any of the terms and conditions of this policy 4 the risk originally accepted has substantially increased 5 certification to the Director of Insurance of our loss of reinsurance which provided cov erage to us for all or a substantial part of the underlying risk insured 6 the determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance laws or any Insured has submitted a fraudulent claim. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of canceliation if we cancel for non payment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of mailing shalf be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for 1 Nonpayment of premium to a premium finance company or 2 Any reason other than nonpayment of premium notice of cancellation will be sent be registered or certified mail. The following CONDITION is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be sent by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 617009 08 Page 1 of 1 | 2 |
CU 63 44 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS Any bodily injury property damage personal injury or advertising injury which occurs outside the United States of America its territories and possessions Puerto Rico or Canada except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 63 44 06 97 | 2 |
COMMERCIAL UMBRELLA CU 63801204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following is added to Section IV EXCLUSIONS This insurance does not apply to 1. Bodily injury property damage personal injury or advertising injury which would not have oc curred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any Insured or by any other person or entity. 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 consumption but only to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. As used in this exclusion Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. This endorsement does not change any other provision of the policy. CU 6380 1204 Page 1 of 1 Includes copyrighted material of Insurance Services Office with its permission. | 2 |
COMMERCIAL UMBRELLA CU 64 001204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISH SYSTEM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART A. The following exclusion is added to SECTION IV. EXCLUSIONS This insurance does not apply to Bodily injury property damage personal injury advertising injury or personal or advertising injury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrication preparation distribution and sale installation application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such system or Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. B Forthe purposes of this exclusion the following definition is added to SECTION V. DEFINITIONS Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. 2 3 4. 5. A rigid or semi rigid insulation board made of expanded polystyrene and other materials The adhesive andor mechanical fasteners used to attach the insulation board to the substrate A reinforced or unreinforced base coat A finish coat providing surface texture to which color may be added and Any flashing caulking or sealant used with the system for any purpose. This endorsement does not change any other provision of the policy. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 CU 6400 1204 | 2 |
COMMERCIAL UMBRELLA CU 64 79 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF THE LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section 1V Exclusions This insurance does not apply to Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4. Any federal state or local statute ordinance or regulation other than TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. This endorsement does not change any other provision of the policy. CU 64 79 05 09 Page 1 of 1 Includes copyrighted material of insurance Services Office with its permission. | 2 |
COMMERCIAL UMBRELLA COVERAGE CU 64801104 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICATE EXCLUSION The following exclusion is added to Section IV EXCLUSIONS Any and all liability of any nature including but not limited to settlements judgments costs charges expenses costs of investigations or the fees of attorneys experts consultants or medical personnel arising out of caused by resulting from contributed to aggravated by or related in any way and either in whole or in part to 1. Any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of use of or presence of any silicate regardless of whether any other cause event material substance or product contributed to such liability 2. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation disposing of or in any way responding to or assessing the effects of any silicate by any insured or by any other person or entity. This exclusion applies regardless of whether the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of use of or presence of the silicate was sudden accidental gradual intended expected unexpected preventable not preventable manmade naturally occurring or any combination of the foregoing. As used in this exclusion silicate includes but is not limited to a silica in any form from any source b any compound substance product mineral dust or material containing silica in any form from any source and c any salt produced by the action of silicic acid in any form from any source. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 64801104 | 2 |
COMMERCIAL UMBRELLA COVERAGE CU64821104 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO THE DEFINITION OF PROPERTY DAMAGE Definition M. is deleted from Section V. Definitions and is replaced with the following Property damage means 1. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition Electronic data includes but is not limited to information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electron ically controlled equipment. This endorsement does not change any other provision of the policy. CU 64821104 Page 1 of 1 | 2 |
CU 64 87 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION ENDORSEMENT The following is added to Section VI CONDITIONS Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. This endorsement does not change any other provision of the policy. CU 648710 05 | 2 |
CU 64 92 0107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS Any liability for or arising out of the ownership maintenance operation use loading or unioading of any mobile equipment except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 64920107 | 2 |
CU 6508 0109 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement does not change any other provision of the policy. Inciudes copyrighted material of Insurance Services Office with its permission. Page 1 of 1 CU 6508 0109 | 2 |
COMMERCIAL UMBRELLA CU 88011202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion M. under Section IV Exclusions is replaced by the following This insurance does not apply to M. Bodily injury property damage personal injury or advertising injury however caused arising directly or indirectly out of 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. This endorsement does not change any other provision of the policy. CuU 88011202 Page 1 of 1 Includes copyrighted material of Insurance Services Office with its permission. | 2 |
COMMERCIAL UMBRELLA CU 88020509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the foillowing COMMERCIAL UMBRELLA COVERAGE PART The following is added to paragraph D. under SECTION Il LIMITS OF INSURANCE Non Cumulation of Liability Same Occurrence If one occurrence causes bodily injury or property damage during the policy period and during the policy period of one or more prior or future commercial umbrella policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 88 02 05 09 Includes copyrighted material of Insurance Services Office with its permission. | 2 |
COMMERCIAL UMBRELLA CU 88031207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV Exclusions is replaced by the following This insurance does not apply to 0. Bodily injury personal injury or advertising injury to 1. A person arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs 1.a. 1.b. or 1.c. above is directed. This exclusion applies 1. Whether the injury causing event described in Paragraphs 1.a. 1.b. or 1.c. above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. This endorsement does not change any other provision of the policy. CU 88031207 Page 1 of 1 Includes copyrighted material of Insurance Services Office with its permission. | 2 |
COMMERCI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART A. SECTION. COVERAGE under the INSURING AGREEMENTS is replaced by the following I. COVERAGE A. We will pay on behalf of the Insured those sums in excess of the Retained AL UMBRELLA CU 88300509 Limit that the Insured becomes legally obligated to pay by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage or personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in the INSURING AGREEMENT SECTION II. LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION Iil. DEFENSE. This insurance applies to 1. Bodily injury or property damage only if a. The bodily injury or property damage occurs during the Policy Period and b. The bodily injury or property damage is caused by an occurrence happening anywhere and. Prior to the Policy Period no Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed Insured or authorized employee knew prior to the Policy Period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. 2. Personal and advertising injury caused by an offense arising out of your business but only if the offense was committed during the Policy Period. Bodily injury or property damage which occurs during the Policy Period and was not prior to the Policy Period known to have occurred by any insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the Policy Period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0f 5 CU 88 30 0509 | 2 |
E. Damages because of bodily injury include damages claimed by any person or organization for care loss or services or death resulting at any time from the bodily injury. B. SECTION II. LIMITS OF INSURANCE is amended as follows 1. Paragraph B. is replaced by the following The General Aggregate Limit is the most we will pay for all damages covered under SECTION 1. COVERAGE of the INSURING AGREEMENTS except 1. Damages included in the products complete operations hazard and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage or personal and ad vertising injury subject to an aggregate limit in the underlying insurance. The General Aggregate applies separately and in the same manner as the aggregate limits in the underlying insurance. 2. Paragraph D. is replaced by the following D. Subject to B. or C. in SECTION Ii. LIMITS OF INSURANCE whichever applies the Each Occur rence Limit is the most we will pay for bodily injury property damage or personal and advertising injury covered under SECTION I. COVERAGE of the INSURING AGREEMENTS because of all 1. Bodily injury or property damage arising out of one occurrence and 2. Personal and advertising injury arising out of one offense. 3. Provision 2. of paragraph G. is replaced by the following 2. the amount stated in the Declarations as the Self Insured Retention as a result of any one occurrence or one offense not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the Insured during the Policy Period C. SECTION lil. DEFENSE is amended as follows 1. Paragraph A. is replaced by the following A We will have the right and duty to investigate any claim and defend any suit seeking damages covered by the terms and conditions of the policy when 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing cov erage to the Insured have been exhausted by actual payment of claims for any occur rence or offense to which this policy applies or 2. Damages are sought for any one occurrence or offense which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying Insurance or any other insurance providing coverage to the Insured. 2. Paragraph B.1. is replaced by the following 1. We will investigate any claim and defend any suit against the Insured seeking damages on account of any occurrence or offense covered by this policy. We have the right to investigate defend and settie the claim or suit as we deem expedient. 3. Paragraph D. is replaced by the following D. In ait other instances except paragraph A. in SECTION til. DEFENSE we will not be obligated to assume charge of the investigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occurrence or offense which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. 2010 Liberty Mutual Insurance Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 88 30 05 09 Page 2 of 5 | 2 |
D. SECTION IV. EXCLUSIONS is amended as follows 1. Exclusion J. is replaced by the following This insurance does not apply to Personal and advertising injury J. 1. 2. 10. 1. 12. 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. Arising out of oral or written publication of material if done by or at the direction of the tnsured with knowledge of it falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the Policy Period. Arising out of a criminal act committed by or at the direction of the Insured. For which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages the Insured would have in the absence of the contract or agreement.. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Arising out of the wrong description of the price of goods products or services stated in your advertisement. Arising out of the infringement of copyright patent trademark trade secret or other in tellectual 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 copy right trade dress or slogan. Committed by an Insured whose business is a. Adbvertising 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 K.1. K.2. or K.3. of the definition of personal and advertising injury under SECTION V. DEFINITIONS. 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. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. Avrising 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 cus tomers. 2. Exclusion K. is deleted. E. SECTION V. DEFINITIONS is amended as follows 1. Definition A. is deleted and replaced by the following Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting cus tomers or supporters. For the purposes of this definition A. 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2010 Liberty Mutual Insurance Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 CU 88300509 | 2 |
2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an adver tisement. 2. The following is added to definition C. Bodily injury does not include bodily injury arising out of personal and advertising injury. 3. Definition D. is replaced by the following Claim means any demand for monetary damages upon any Insured resuiting from a covered occurrence or offense. 4. Definition J. is replaced by the following J. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 5. Definition K. is deleted and replaced by the following K. Personal and advertising injury means injury other than bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of the owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or fibels a person or organization or disparages a person s or organization s goods products or services. 6. Oral or written publication in any manner of material that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. Personal and advertising injury includes consequential bodily injury. 6. The following definitions are added Consequential bodily injury means bodily injury arising out of personal and advertising in jury. Offense means an offense included in the definition of personal and advertising injury. All damages that arise from exposure to the same act publication or infringement are considered one offense. F. SECTION V1. CONDITIONS is amended as follows 1. Condition F. is amended as follows a. Thetitle is replaced by the following F. Duties In the Event Of An Occurrence Offense Claim Or Suit b. Paragraph 1. is replaced by the following 1. You must see to it that we are notified as soon as practicable of an occurrence or offense which may result in a claim or suit under this policy. To the extent possible notice will include a. How when and where the occurrence or offense took place b. The names and addresses of any injured person and witnesses c. The nature and location of any injury or damage arising out of the occurrence or offense. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of insurance Services Office inc. with its permission. CU 88 30 05 09 Page 4 of 5 | 2 |
2. Paragraph 3. of Condition 1. is replaced by the following 3. that the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of aggregate limits by payment of claims or suits for occurrences or offenses covered by underlying insurance and G. Wherever the defined term personal injury or advertising injury appears in the following such terms are deleted and replaced by the combined defined term personal and advertising injury 1. Commercial Umbretla Coverage Form provisions a. Exclusions O. P. and Q. under SECTION IV. EXCLUSIONS or b. Definitions F. and N. under SECTION V. DEFINITIONS or 2. Any endorsements that are made a part of this policy. This endorsement does not change any other provision of the policy. 2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 CU 88 30 05 09 | 2 |
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