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Expected or Intended Injury This insurance does not apply to Bodily Injury and 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 to protect persons or property. Infringement of Copyright Patent Trademark or Trade Secret This insurance does not apply to Personal Injury and Advertising Injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan.. Liquor Liability This insurance does not apply to Bodily Injury or Property Damage for which any Insured may be held liable by reason of 1. causing or contributing to the intoxication of any person 2. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. However this exclusion will not apply if coverage is provided for such Bodily Injury or Property Damage by Scheduled Underlying Insurance. Coverage under this policy for such Bodily Injury or Property Damage will follow the terms definitions conditions and exclusions of Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Media and Internet Type Businesses This insurance does not apply to Personal Injury and Advertising Injury committed by any Insured whose business is 1. advertising broadcasting publishing or telecasting 2. designing or determining content of web sites for others or 3. an Internet search access content or service provider. However this exclusion does not apply to Paragraphs U1. U2. and U3. of Section VII. 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. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured Motorist or Underinsured Motorist law or any similar law. Nuclear Liability This insurance does not apply to 1. any liability 80517 1109 Page 8 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
with respect to which the Insured is also an Insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability resulting from the hazardous properties of nuclear material and with respect to which 1 any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendment or revision thereto or any similar law 2 the Insured is or had this policy not been available would be entitted 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 for Bodily Injury or Property Damage resulting from the hazardous properties of nuclear material if i the nuclear material 1 is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured s behalf or 2 has been discharged or dispensed therefrom ii the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by the Insured or on the Insured s behalf or the Bodily Injury or Property Damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. hazardous properties includes radioactive toxic or explosive properties nuclear material means source material special nuclear material or by product material source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or any amendment or revision thereto spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below nuclear facility means i any nuclear reactor i any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging wastes iii 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 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 or iv 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 80517 1109 Page 9 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
g. 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 h. Property Damage includes all forms of radioactive contamination of property. Q. Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants anywhere at any time 2. Any loss cost or expense arising out of 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 or 3. Any loss cost or expense arising out of 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. However Paragraph 1 of this exclusion will not apply if coverage for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 below is provided by Scheduled Underlying Insurance 1 2 3 4 Products Completed Operations Hazard Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a discarded dumped abandoned thrown away or b transported handled stored treated disposed of or processed as waste by anyone. Hostile Fire Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. Equipment to Cool Dehumidify or Heat the Building and Contractor Lessee Operations Paragraph 1. of this exclusion 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 used to heat water for personal use by the building s occupants or their guests b Bodily Injury or Property Damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional Insured with respect to your 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 the additional Insured. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. of this exclusion does not apply to 80517 1109 Page 10 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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 or 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 you or on your behalf by a contractor or subcontractor. 5 Fuels Lubricants Fluids etc. Auto Paragraph 1. of this exclusion 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 covered by Scheduled Underlying Insurance or its parts if a the Pollutants escape seep migrate or are discharged dispersed or released directly from an Auto part designed by its manufacturer to hold store receive or dispose of such Pollutants and b the Bodily Injury or Property Damage does not arise out of the operation of any equipment shown in Paragraphs 6b and 6 of the definition of Mobile Equipment. 6 Upset Overturn or Damage of an Auto Paragraph 1. of this exclusion 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. Coverage under this policy for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 above will follow the terms definitions conditions and exclusions of Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities 80517 1109 Page 11 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This insurance does not apply to any liability arising out of 1. any violation of any securities law or similar law or any regulation promulgated thereunder 2. the purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3. 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 4. any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Unauthorized Use of Another s Name or Product This insurance does not apply to Personal Injury and Advertising Injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Various Personal Injury and Advertising Injury This insurance does not apply to Personal Injury and Advertising Injury 1. 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 Injury and Advertising Injury 2. arising out of oral written or electronic publication in any manner of material if done by or at the direction of any Insured with knowledge of its falsity 3. arising out of oral written or electronic publication in any manner of material whose first publication took place before the beginning of the Policy Period 4. arising out of a criminal act committed by or at the direction of the Insured 5. 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 6. arising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement 7. arising out of the failure of goods products or services to conform with any statement of quality or performance made in your Advertisement or 8. arising out of the wrong description of the price of goods products or services stated in your Advertisement. Various Laws This insurance does not apply to any obligation of the Insured under any of the following 1. the Employee Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law or 2. any workers compensation disability benefits or unemployment compensation law or any similar law.. Violation of Communication or Information Law This insurance does not apply to any liability arising out of any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that prohibits or limits the sending transmitting or communicating of material or information. 80517 1109 Page 12 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
War This insurance does not apply to Loss costs injury damage claim dispute andor or suit arising therefrom caused directly or indirectly in whole or in part as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes 1. Civil war or 2. Armed conflict between two or more nations armed conflict between military forces of any origin or 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.. CONDITIONS Appeals If the Insured or the Insured s underlying insurers do not appeal a judgment in excess of the total applicable limits of Scheduled Underlying Insurance we may elect to do so. If we appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and interest on that amount of any judgment which does not exceed the applicable Limits of Insurance of this policy incidental to such an 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 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of Loss covered by this policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice 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 ninety 90 days advance written notice stating when the cancellation 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 notice. 4. 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 Item 6. of the Declarations. 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 short rate share of the Minimum Premium shown in Item 6 of the Declarations. 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. Our check 80517 1109 Page 13 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
or our representative s check mailed or delivered will be sufficient tender of any refund due you. 7. The first Named Insured in Item 1. of the Declarations will act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation 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 cancellation of the insurance in this policy is changed by this statement to comply with that law. E. Change In Control If during the Policy Period 1. the first Named Insured designated in Item 1. of the Declarations consolidates with or merges into or sells all or substantially all of its assets to any person or entity or 2. any person or entity acquires an amount of the outstanding ownership interests representing more than 50 of the voting or designation power for the election of directors of the first Named Insured designated in Item 1. of the Declarations or acquires the voting or designation rights of such an amount of ownership interests this policy will continue in full force and effect as to Bodily Injury and Property Damage that occur prior to the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place prior to the effective date of such transaction. Coverage will be afforded by this policy for Bodily Injury or Property Damage that occurs on or after the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place on or after the effective date of such transaction if the Named Insured notifies us of the transaction no later than ninety 90 days after the effective date of the transaction. If the Named Insured fails to notify us within ninety 90 days of the effective date of such transaction coverage afforded by this policy will cease on the ninetieth 30th day after the effective date of such transaction at 1201 am standard time of the address of the Named Insured shown in Item 1. of the Declarations or the end of the Policy Period whichever is earlier. The provisions of paragraph E. shall only apply to transactions with third parties not under control or ownership of the Named Insured on the inception date of this policy. F. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement that we make to this policy. G. 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 may result in a claim or Suit under 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 and c. the nature and location of any injury or damage arising out of the Occurrence. 2. If a claim is made or Suit is brought against any Insured which is reasonably likely to involve this policy you must notify us in writing as soon as practicable. Written notice should be mailed delivered faxed or emailed to 80517 1109 Page 14 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 Email excessfolAIG.com 3. 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 or Suit b. authorize us to obtain records and other information c. cooperate with us in the investigation 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 that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. H. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. I. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. J. Legal Actions Against Us No person or organization has a right under this policy 1. to join us as a party or otherwise bring us into a Suit asking for damages from an Insured or 2. to sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. K. Maintenance of Scheduled Underlying Insurance You agree that during the Policy Period 1. you will keep Scheduled Underlying Insurance in full force and effect 2. the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 80517 1109 Page 15 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. the total applicable limits of Scheduled Underlying Insurance will not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss to which this policy applies and 4. any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford 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 had you fully complied with these requirements. L. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy this policy will apply excess of the Other Insurance. However this provision will not apply if the Other Insurance is specifically written to be excess of this policy. M. Premium The first Named Insured designated in Item 1. of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in Item 6. of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in Item 6. of the Declarations. When this policy expires or if it 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 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 Premium as shown in Item 6. of the Declarations for each twelve months of the Policy Period. N. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first Named Insured designated in Item 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 is brought. 0. Transfer of Rights of Recovery 1. 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 these rights and must help us enforce them. 2. Any recoveries will be applied as follows a. any person or organization including the Insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first b. we then will be reimbursed up to the amount we have paid and c. lastly any person or organization including the Insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally settled. 80517 1109 Page 16 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. If prior to the time of an Occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization P. 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 Insured designated in Item 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Q. Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of the policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. R. Violation of 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. VII. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. notices that are published include material placed on the Internet or on similar electronic means of communication and 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 advertisement. B. Auto means 1. a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or 2. any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. C. Bodily Injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. D. Crisis Management Event means an Occurrence that in the good faith opinion of a Key Executive of the Named Insured in the absence of C Management Services has or may result in 1. damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance or the Self Insured Retention and 2. significant adverse regional or national media coverage. 80517 1109 Page 17 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Crisis Management Event will include without limitation man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that any damages arising out of any of the aforementioned must be covered under this policy. Crisis Management Firm means any firm that is shown in Schedule A Approved Crisis Management Firms attached to and forming part of this policy which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1. amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Cri Management Event and 2. amounts for reasonable and necessary printing advertising mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Ci Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in advising the Named Insured on minimizing potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. CrisisResponse Costs means the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and may be associated with damages that would be covered by this policy 1. medical expenses 2. funeral expenses 3. psychological counseling 4. travel expenses 5. temporary living expenses 6. expenses to secure the scene of a Crisis Management Event and 7. any other expenses pre approved by the Company. CrisisResponse Costs does not include defense costs or Crisis Management Loss. CrisisResponse Sublimit of Insurance means the CrisisResponse Sublimit of Insurance shown in Item 3D. of the Declarations. Excess Casualty CrisisFund Limit of Insurance means the Excess Casualty CrisisFund Limit of Insurance shown in ltem 3E of the Declarations. 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. it incorporates Your Product or Your Work that is known or thought to be defective deficient inadequate or dangerous or 2. you have failed to fulfill the terms of a contract or agreement 80517 1109 Page 18 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
M. 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. Insured means the Named Insured if you are designated in the declarations as a. an individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner b. a partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. a limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers d. an organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders e. atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business your volunteer workers only while performing duties related to the conduct of your business any person other than your employee or volunteer worker or organization while acting as your real estate manager your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. no person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in ltem 1 of the Declarations and no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph R. 2 and 3. Insured Contract means that part of any contract or agreement pertaining to your business under which any Insured assumes 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. 80517 1109 Page 19 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Insured Contract does not include that part of any contract or agreement 1. that indemnifies a railroad for Bodily Injury or Property Damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those shown in subparagraph 2. above and supervisory inspection architectural or engineering activities. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule B Additional Key Executives attached to and forming part of this policy. Loss means those sums actually paid as judgments or settlements provided however that if expenses incurred to defend a Suit or to investigate a claim reduce the applicable limits of Scheduled Underlying Insurance then Loss shall include such expenses.. Mobile Equipment means any of the following 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 4. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrapers or rollers 5. vehicles not described in Paragraph 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 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 6. vehicles not described in Paragraph 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos a. equipment designed primarily for 80517 1109 Page 20 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
i snow removal i road maintenance but not construction or resurfacing or iii street cleaning b. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However Mobile Equipment does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law are considered Autos. R. Named Insured means 1. 2. any person or organization designated in Item 1. of the Declarations as of the inception date of this policy any organization except for a partnership joint venture or limited liability company in which you maintain an interest of more than fifty percent 60 as of the effective date of this policy provided that coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and after the inception date of this policy any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty percent 50 provided that a. coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and b. you give us prompt notice after you acquire or form such organization. Subject to the provisions of Paragraphs 3a. and 3b. above a partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the Policy Period. You agree that any organization to which paragraphs 2. and 3. above apply will be required to be included as an Insured under applicable Scheduled Underlying Insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an Insured under the highest applicable limit of Scheduled Underlying Insurance. S. Occurrence means 1. as respects Bodily Injury or Property Damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one Occurrence. as respects Personal Injury and Advertising Injury an offense arising out of your business that causes Personal Injury and Advertising Injury. All damages that arise from the same related or repeated injurious 80517 1109 Page 21 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. T. Other Insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However Other Insurance does not include Scheduled Underlying Insurance the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. U. Personal Injury and Advertising Injury means injury arising out of your business 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 witten 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 your Advertisement or 7. infringement upon another s copyright trade dress or slogan in your Advertisement. V. Policy Period means the period of time from the inception date shown in Item 2. of the Declarations to the earlier of the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy. W. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. X. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. However Your Work will be deemed completed at the earliest of the following times a. when all of the work called for in your contract has been completed b. when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site or c. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Products Completed Operations Hazard does not include Bodily Injury or Property Damage arising out of 1. the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured or 80517 1109 Page 22 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Y. BB. ccC. DD. 2. the existence of tools uninstalled equipment or abandoned or unused materials. Property Damage means 1. physical injury to tangible property including 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 of use will 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 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. Retained Limit means 1. the total applicable limits of Scheduled Underlying Insurance and any applicable Other Insurance providing coverage to the Insured or 2. the Self Insured Retention applicable to each Occurrence that results in damages not covered by Scheduled Underlying Insurance nor any applicable Other Insurance providing coverage to the Insured. Scheduled Underlying Insurance means 1. the policy or policies of insurance and limits of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2. automatically any renewal or replacement of any policy in Paragraph 1. above provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Self Insured Retention means the amount that is shown in Item 5. of the Declarations. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this policy applies are alleged. Suit includes 1. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 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 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 80517 1109 Page 23 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
EE. 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. 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. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. RS il S SECRETARY PRESIDENT This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Christopher G. Kopser Authorized Representative 80517 1109 Page 24 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SCHEDULE OF UNDERLYING INSURANCE Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Policy Number BE 060600292 TYPE OF POLICY INSURER POLICY NO. OR COVERAGE AND POLICY PERIOD LIMITS GENERAL LIABILITY Old Republic 1000000 Insurance Company PER OCCURRENCE MWZY 302819 10000000 093014 GENERAL AGGREGATE 093015 3000000 PRODUCTS COMPLETED OPS. AGGREGATE 3000000 LIQUOR LIABILITY AGGREGATE Defense Expenses are in addition to the limit AUTO LIABILITY Philadelphia 1000000 Symbol 1 Indemnity Insurance A A e COMBINED SINGLE LIMIT Policy Number BE 060600292 AUTO LIABILITY Symbol 1 Philadelphia Indemnity Insurance Company 093014 093015 Defense Expenses are in addition to the limit 4000000 COMBINED SINGLE LIMIT AUTO LIABILITY Contingent Excess Vicarious Hired Non Owned Auto Excess of 1000000 Per Accident SIR Lexington Insurance Company 093014 093015 Defense Expenses are in addition to the limit 1000000 BODILY INJURY BY ACCIDENT 1000000 BODILY INJURY BY DISEASEEACH EMPLOYEE 1000000 BODILY INJURY BY DISEASEPOLICY LIMITS Defense Expenses are in addition to the limit 1000000 BODILY INJURY BY ACCIDENT 1000000 BODILY INJURY BY DISEASEEACH EMPLOYEE EMPLOYERS LIABILITY Old Republic Insurance Company MWC 302820 00 093014 093015 STOP GAP EMPLOYERS LIABILITY Stop Gap Liability Old Republic Insurance Company MWC 302820 00 093014 093015 UNDSCH 599 AHO006 | 2 |
SCHEDULE OF UNDERLYING INSURANCE Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Policy Number BE 060600292 TYPE OF POLICY OR COVERAGE EMPLOYEE BENEFITS LIABILITY INSURER POLICY NO. AND POLICY PERIOD LIMITS Old Republic Insurance Company MWZY 302819 093014 093015 1000000 BODILY INJURY BY DISEASEPOLICY LIMITS Defense Expenses are in addition to the limit 1000000 EACH EMPLOYEE 1000000 AGGREGATE Defense Expenses are in addition to the limit Retro Date 093098 Policy Number BE 060600292 EMPLOYEE BENEFITS LIABILITY Old Republic Insurance Company MWZY 302819 093014 093015 2 hri her G. K r AUTHORIZED REPRESENTATIVE UNDSCH 599 AHO006 | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended that you have a right to purchase insurance coverage for losses resulting from 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 certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insu rance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 4184.00 and does not include any charges for the portion of losses covered by the United States government under the Act. 96556 108 2007 National Association of Insurance Commissioners NOTICE ERAGE reaucead. Inder e Act 6556 108 2007 National Association of Insurance Commissioners | 2 |
ENDORSEMENT No. 1 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Policy with CrisisResponse Act of Terrorism Self Insured Retention Endorsement Solely with respect to any Act of Terrorism this policy is amended as follows The DECLARATIONS ITEM 5. SELF INSURED RETENTION is amended to include the following additional Self Insured Retention ACT OF TERRORISM SELF INSURED RETENTION 1000000 Each Occurrence As respects all liability covered under this policy arising out of any Act of Terrorism. The Act of Terrorism Self Insured Retention will not be reduced or exhausted by Defense Expenses. ITEM 6. OF THE DECLARATIONS PREMIUM AND PREMIUM COMPUTATION is amended to include the following ACT OF TERRORISM PREMIUM 4700.00 Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Act of Terrorism Self Insured Retention applies whether or not there is any available Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured. If there is Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured amounts received through such Scheduled Underlying Insurance or Other Insurance for payment of the Loss may be applied to reduce or exhaust the Act of Terrorism Self Insured Retention. However in no event will amounts received through such Scheduled Underlying Insurance or Other Insurance for the payment of Defense Expenses reduce the Act of Terrorism Self Insured Retention. Section Ill. DEFENSE PROVISIONS Paragraphs A. 1. and A. 2. and D. are deleted in their entireties and Paragraph A. is replaced by the following A. We will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. Section VII. DEFINITIONS is amended to include the following additional definition Act of Terrorism means 1. any act which is verified or recognized by the United States Government as an act of terrorism including a certified act of terrorism defined by Section 102. Definitions. of the Terrorism Risk Insurance Act of 2002 and any revisions amendments or extensions thereto or 83049 306 AH1721 Page 1 of 2 | 2 |
2. the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organization government power authority or military force when the effect is to intimidate coerce or harm a government the civilian population or any segment thereof or to disrupt any segment of the economy. 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 6. Interest that accrues after entry of judgment. It is understood and agreed that if any other endorsement to this policy excludes terrorism liability arising in one or more specified countries the provisions of such exclusion shall supersede this endorsement. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature in States Where Applicable 83049 306 AH1721 Page 2 of 2 | 2 |
ENDORSEMENT No. 2 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Automobile Liability Follow Form Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Automobile Liability This insurance does not apply to any liability arising out of the ownership maintenance operation use or entrustment to others of any Auto owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading of any Auto. However this exclusion will not apply if coverage is provided for Bodily Injury or Property Damage by Scheduled Underlying Insurance. Coverage under this policy for such Bodily Injury or Property Damage will follow the terms definitions conditions and exclusions of Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80398 0702 AHO0885 | 2 |
ENDORSEMENT No. 3 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy With CrisisResponse Broad Form Named Insured Amendatory Endorsement This policy is amended as follows Section VII. Definitions Paragraph R. Named Insured is deleted in its entirety and replaced by the following Named Insured means The person or organization first named as the Named Insured on the Declarations Page of this policy the First Named Insured. Named Insured also includes 1. any other person or organization named as a Named Insured on the Declarations Page 2. any subsidiary or acquired company or corporation including subsidiaries thereof and any other legal entities including joint ventures limited liability companies and partnerships in which a. any Insured named as the Named Insured on the Declarations Page has more than 50 ownership in or b. any Named Insured or its subsidiaries have entered into a contract or agreement to place insurance for each such entity or c. any Named Insured or its subsidiaries exercise management or financial control. The insurance afforded under this endorsement shall not be subject to any requirement of Section VII. Paragraph M. that the partnership joint venture or limited liability company be shown as a Named Insured in Item 1. of the Declarations. Notwithstanding any of the above no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. All other terms conditions definitions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 95581 907 AH2262 | 2 |
ENDORSEMENT No. 4 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse CrisisResponse Coverage Enhancement Endorsement With Recall Expense This policy is amended as follows It is understood and agreed that in every instance in which the phrase CrisisResponse Sublimit of Insurance is referenced in this policy andor its endorsements the phrase CrisisResponse Limit of Insurance shall be substituted. Section IV. LIMITS OF INSURANCE Paragraph I. is deleted in its entirety and replaced by the following I. The CrisisResponse Limit of Insurance is the most we will pay for all CrisisResponse Costs under this policy regardless of the number of Crisis Management Events first commencing during the Policy Period. This CrisisResponse Limit of Insurance will be in addition to the applicable Limit of Insurance. Section VII. DEFINITIONS Paragraph H. CrisisResponse Costs is deleted in its entirety and replaced by the following H. CrisisResponse Costs means the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and may be associated with damages that would be covered by this policy 1. medical expenses 2. funeral expenses 3. psychological counseling 4. travel expenses 5. temporary living expenses 6. expenses to secure the scene of a Crisis Management Event 7. the cost or expense incurred by you or others for the withdrawal recall inspection 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 that results in a Crisis Management Event and 8. any other expenses pre approved by the Company. CrisisResponse Costs do not include defense costs or Cri s Management Loss. 100669 1108 AH2503 1of2 | 2 |
Section V. EXCLUSIONS Paragraph R. Recall of Your Product Your Work or Impaired Property is deleted in its entirety and replaced by the following R. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. However this exclusion shall not apply to recall expenses covered under Section Il. INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISISFUND. The coverage provided for such withdrawal recall inspection replacement adjustment removal or disposal of Your Product Your Work or Impaired Property shall be subject to the CrisisResponse Limit of Insurance of this policy. All other terms conditions definitions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 100669 1108 AH2503 20f2 | 2 |
ENDORSEMENT No. 5 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Duties in the Event of an Occurrence Claim or Suit and Schedule A Approved Crisis Management Firms Solely as respects coverage provided by Section Il INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISIS FUND the following conditions are added to Section VI. Conditions Paragraph G. Duties in the Event of an Occurrence Claim or Suit You must report any Crisis Management Event to us within twenty four 24 hours of the time that a Key Executive first becomes aware of an Occurrence that gives rise to a Crisis Management Event or as soon as practicable to be eligible for the advancement of CrisisResponse Costs and the payment of Crisis Management Loss. Notice of a Crisis Management Event may be given by calling 1 877 244 3100. If notice is given by telephone written notice will be given as soon as practicable thereafter. Written notice should include 1. how when and where the Cri s Management Event is taking or took place 2. the names and addresses of any injured persons and any witnesses and 3. the nature and location of any injury or damage arising out of the Crisis Management Event. Written notice should be mailed e mailed or delivered to AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 E mail excessfolAIG.com All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 83687 911 AH3164 Page 10f 8 | 2 |
SCHEDULE A THE FOLLOWING PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Abernathy MacGregor Group Inc. 501 Madison Avenue Rhonda Barnat 917 912 6378 Public Relations New York NY 10022 212 371 5999 Office Crisis Management 917 912 6378 Cell and Threat 212 752 0723 Fax Vulnerability 646 478 8740 Home Assessment. rbabmac.com 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 lan D. Campbell 818 750 4392 213 630 6550 Office 917 940 3476 213 422 7958 Cell 213 489 3443 Fax 818 957 5650 Home 818 541 0954 Home Fax idcabmac.com Ann Barks Public Relations Southeastern United States 896 Cross Gates Boulevard Slidell LA 70461 Ann W. Barks 985 290 8304 985 847 0750 Direct 985 290 8304 Cell abarksprbellsouth.net Public Relations and Crisis Management. Bright Light Marketing Group Hawaii Only 1001 Bishop Street Suite 900 Honolulu Hawaii Charlene Lo Chan 808 275 3007 Direct 808 524 6441 Office Public Relations and Crisis Management. 96813 3429 808 781 7733 Cell 808 524 8115 Fax charlenebrightlightmarketing.com Dix Eaton Dix Eaton Matt Barkett 216 241 3073 Public Relations. 200 Public Square 216 241 3073 Direct Crisis Management Suite 1400 216 241 0405 Office and Threat Cleveland OH 216 780 7800 Cell Vulnerability 44114 2316 mbarkettdixeaton.com Assessment. Gary Pratt 216 241 4613 Direct 216 241 0405 Office 440 477 1278 Cell gprattdixeaton.com 83687 911 Page 2 of 8 AH3164 818 750 4392 917 940 3476 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Edelman 200 E. Randolph Street Harlan Loeb 312 927 8424 Public Relations. Chicago IL 60601 312 240 2624 Direct 312 240 3000 Office 312 240 2900 Fax 312 927 5632 Cell harlan.loebedelman.com Crisis Management and Threat Vulnerability Assessment. Jenifer Giller 312 240 3000 Office 312 233 1272 Cell 312 240 2900 Fax jenifer.gilleredelman.com Fleishman Hilliard International Communications Inc John Hancock Center 200 East Randolph St. Chicago IL 60601 David Saltz 312 751 3530 Direct 312 751 8878 Office 312 729 3630 Cell 312 751 8191 Fax david.saltzfleishman.com Public Relations. Crisis Management and Threat Vulnerability Assessment. Rick Fox 617 729 3734 Direct 312 286 4983 Cell 312 751 8191 Fax rick.foxfleishman.com Levick Strategic Communications LLC 1900 M Street NW Gene Grabowski Washington D.C. 202 973 1351 Direct 20036 202 270 6560 Cell 202 973 1301 Fax ggrabowskiIlevick.com 202 270 6560 Public Relations. Crisis Management and Threat Vulnerability Assessment. Jason Maloni 202 973 1335 Direct 202 834 9677 Cell jason.maloniIevick.com 83687 911 AH3164 Page 30of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Lexicon Communications Corp. 520 Bellmore Way Steven B. Fink 626 683 9333 Public Relations. Pasadena CA 91103 626 683 9333 Direct 626 253 1519 Cell 626 449 7659 Fax sfinklexiconcorp.com Crisis Management and Threat Vulnerability Assessment. Marsh Inc. Reputational Risk Crisis Management Group 1166 Avenue of the Tracy Knippenburg Gillis 877 246 2774 Americas 212 345 3886 Direct New York NY 10036 516 661 0308 Cell 516 536 5845 Other 212 948 8638 Fax tracy.knippenburggillismarsh.com Public Relations. Crisis Management and Threat Vulnerability Assessment. 345 California Street Simon R. Baker Suite 1300 415 743 8648 Direct San Francisco 415 367 5707 Cell California 94104 robert.wilkersonmarsh.com ONeill Associates 31 New Chardon St. Andrew M. Paven Boston 866 989 4321 Toll Free Massachusetts 02114 617 646 1000 Office 617 646 1290 Fax apavenoneillandassociates.com Public Relations. Crisis Management and Threat Vulnerability Assessment. rbb Public Relations 355 Alhambra Circle Bruce S. Rubin Suite 800 305 448 2640 Direct Miami Florida 33134 305 807 2704 Cell 305 448 5027 Fax bruce.rubinrbbpr.com Public Relations. Crisis Management Robinson Lerer Montgomery 1345 Avenue of the Michael Gross Americas 646 805 2003 Direct 4 Floor 646 805 2000 Office New York NY 917 853 0620 Cell 10105 718 788 5281 Home mgrossrimnet.com Patrick S. Gallagher 646 805 2007 Direct 646 805 2000 Office 917 328 9333 Cell 646 805 2829 Fax 914 232 4256 Home allagherrimnet.com 83687 911 Page 4 of 8 AH3164 646 805 2000 Public Relations. Crisis Management and Threat Vulnerability Assessment. ates.com 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Sard Verbinnen Co. 630 Third Avenue George Sard 917 750 4392 Public Relations. 9 Floor 212 687 8080 Office Crisis Management New York NY 10017 212 687 8344 Fax and Threat gsardsardverb.com Vulnerability Assessment. 475 Sansome Street Paul Kranhold Suite 1750 415 618 8750 Office San Francisco CA 415 568 9580 Fax 94111 pkranholdsardverb.com Sitrick and Company Inc. 655 Third Avenue Jeffrey S. Lloyd 310 358 1011 Public Relations. 22 Floor New York NY 10017 1840 Century Park East Suite 800 Los Angeles CA 90067 212 660 6393 Direct 212 573 6100 Office 310 963 2850 Cell 212 573 6165 Fax jefflloydsitrick.com Michael S. Sitrick 310 788 2850 Direct 310 788 2855 Fax mikesitricksitrick.com Crisis Management and Threat Vulnerability Assessment. 1840 Century Park East Suite 800 Los Angeles CA 90067 The Torrenzano Group The Lincoln Building Richard Torrenzano Public Relations. 60 East 42 Street 212 681 1700 Ext. 111 Direct Crisis Management Suite 2112 212 681 6961 Fax and Threat New York NY richardtorrenzano.com Vulnerability 10165 2112 Assessment. Edward A. Orgon 212 681 1700 Ext. 102 Direct 917 539 4000 Cell 212 681 6961 Fax edtorrenzano.com 83687 911 AH3164 Page 5 of 8 | 2 |
THE FOLLOWING NON PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED ANS Rehab Consulting LLC 305 Tallwood Lane Nicole Denson 888 552 5378 Psychological Green Brook 908 279 7532 Main Office Counseling New Jersey 08812 908 822 0422 Fax Medical Case 646 584 7885 Cell Management nicoleansrehabconsulting.com Medical Cost Projection and Containment. Anthony Sambucini 908 822 9322 Direct 908 822 0422 Fax 908 720 8644 Cell anthonyansrehabconsulting.com Bill Tibbo Associates 411 Borland Court Newmarket Ontario L3X 1E4 Bill Tibbo 888 355 9788 Toll Free 416 716 8057 Cell bilbilltibbo.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Ross McPhail 905 830 0291 Office 905 868 4174 Cell rossbilltibbo.com Coventry Health Care Inc. 3200 Highland Ave. Michael Lacroix 888 552 5378 Downers Grove IL 914 223 4463 Cell 60515 786 513 7690 Fax jlacroixcvty.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Cunningham Lindsey US f k a GAB Robbins North America Inc. 560 Peoples Plaza Gail Oliver 800 621 5410 Suite 215 302 838 1684 Direct 302 521 4985 Cell 302 838 1685 Fax golivergclna.com Neward Delaware 19702 Claims Investigative Appraisal Emergency Claims and Loss Call Center Operations. 83687 911 AH3164 Page 6 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED D.AR. Inc. 4 Iris Drive David W. Hunt 207 415 0735 Crisis Management Scarborough Maine 207 415 0735 Direct Global Investigative 04074 207 883 0493 Home Services Access to 207 883 2436 Fax National dhunt12348aol.com International Intelligence Agencies Crisis Management Threat and Vulnerability Assessment. Lanny J. Davis Associates LLC 600 13th Street NW Lanny J. Davis Legal Crisis Suite 600 202 756 8211 Direct Communications Washington DC 202 737 1141 Fax Media Strategy 20005 Idavislannyjdavis.com Public Advocacy Legal Regulatory Issues and Crisis Management. Maddie Melendez 202 756 8293 Direct mmelendez lannyjdavis.com Lombardi Associates 277 Fairfield Road Suite 306A Fairfield NJ 07004 Anthony Nastasi 877 715 2440 973 271 8928 Direct 800 550 0095 Office 310 552 9052 Fax anthony.nastasilombardiassociates.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Jennifer Wolfe 803 917 9948 Direct Meagher Geer P.L.L.P. 33 S. Sixth Street Russell D. Melton 612 347 9118 Crisis Management Suite 4400 612 371 1317 Direct and Threat Minneapolis MN 55402 612 338 0661 Office Vulnerability 612 338 8384 Fax Assessment. 612 964 1882 Cell rmeltonmeagher.com 83687 911 AH3164 Page 7 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Patton Boggs LLP 2550 M Street NW Thomas M. Keane Legal Regulatory Washington DC 202 457 7540 Direct Issues Public 2007 202 256 1289 Cell Relations and Crisis 202 457 6315 Fax Management. tkeanepattonboggs.com T. J. Russo Consultants Nationwide 99 Hillside Avenue Michael W. Russo 516 456 3900 Fire Investigation Suite X 516 294 8644 Ext. 15 Direct and Analysis Williston Park NY 516 456 3900 After Hours Services. 516 456 3900 Cell 516 747 1009 Fax mwrusso123aol.com 11596 83687 911 AH3164 Page 8 of 8 | 2 |
ENDORSEMENT No. 6 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Employers Liability Stop Gap Limitation Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Employers Liability This insurance does not apply to Bodily Injury to any employee of the Insured arising out of and in the course of the employee s employment by the Insured. However if insurance for such Bodily Injury is provided by a policy listed in the Scheduled Underlying Insurance 1. The above exclusion shall not apply and 2. Coverage under this policy for such Bodily Injury will follow the terms definitions conditions and exclusions of Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 82616 506 AH1887 | 2 |
ENDORSEMENT No. 7 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no. BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Employee Benefits Liability Limitation Claims Made Version Endorsement NOTICE Please read this endorsement carefully. This endorsement provides coverage on a claims made basis. Except to the extent as may otherwise be provided herein the coverage of this insurance is generally limited to liability for only those claims that are first made during the Policy Period and reported in writing to us. This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Employee Benefits Liability This insurance does not apply to any liability 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. However this exclusion will not apply only if and to the extent that coverage for such liability is provided by Scheduled Underlying Insurance. Solely as respects this endorsement this policy will only provide coverage for a Claim made against the Insured during the Policy Period a If the insurance provided by Scheduled Underlying Insurance provides coverage for Occurrences occurring on or after a specified Retroactive Date for a claim for damages because of Bodily Injury Property Damage Personal Injury or Advertising Injury first made in writing against any Insured in accordance with Paragraph b below during the Policy Period or any Extended Reporting Period we provide and written notice is received by us during the Policy Period or Extended Reporting Period if applicable. 83073 0903 Page 1 of 2 AH1228 | 2 |
b A Claim by any person or organization seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such Claim is received and recorded by any Insured in writing and reported to us during the Policy Period or any applicable extended reporting period or 2. When we make settlement in accordance with Paragraph a above. Notwithstanding the above this insurance shall not apply to 1. any Claim alleging or arising out of an Occurrence committed on or after the Retroactive Date set forth in the Schedule Underlying Insurance if the Insured an officer manager in your risk management insurance or legal department or an employee who was authorized by you to give or receive notice of an Occurrence knew as of the Continuity Date shown above that such Occurrence could result in a Claim. 2. any Claim alleging or arising out the same Occurrence or series of continuous repeated or related Occurrences or alleging the same or similar facts alleged or contained in any Claim which has been reported or any Occurrence of which notice has been given under any policy of which this policy is a renewal replacement or succeeds in time. 3. any Claim alleging or arising out of any Claim or Suit pending as of the Continuity Date or alleging or arising out of or relating to any fact circumstance situation or Occurrence alleged in such Claim or Suit. If Scheduled Underlying Insurance does not contain a Continuity Date the Continuity Date will be the Retroactive Date. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Section VII. DEFINITIONS is amended to include the following additional definitions Claim means a written demand upon the Insured for compensatory damages 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 relating 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 1. a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits 2. 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 3. a combination of 1. and 2. above. All other terms definitions conditions and exclusions of this policy remain unchanged 7 Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 3073 0903 Page 2 of 2 H1228 83073 0903 AH1228 | 2 |
ENDORSEMENT No. 8 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modlifies insurance provided under the following The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. L Christopher G. Kopser AUTHORIZED REPRESENTATIVE 89644 6 13 | 2 |
ENDORSEMENT No. 9 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponseSNI Foreign Liability Exclusion This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Foreign Liability This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury caused by an Occurrence that takes place outside the United States of America its territories or possessions Puerto Rico or Canada. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80431 0702 AHO0917 | 2 |
ENDORSEMENT No. 10 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no. BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andfor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQs fii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index V. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List Vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and vii. Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 vi. vii. 116924 1013 AH3286 Page 1 of 2 | 2 |
Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. 2 Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 116924 1013 AH3286 Page 2 of 2 | 2 |
ENDORSEMENT No. 11 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no. BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. KANSAS AMENDATORY ENDORSEMENT Wherever used in this endorsement 1 we us our and Insurer mean the insurance company which issued this policy and 2 you your named Insured First Named Insured and Insured mean the Named Corporation Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 Other Insureds means all other persons or entities afforded coverage under the policy. In consideration of the premium charged the cancellation provision of this policy is amended as follows CANCELLATION If a policy has been in effect for ninety 90 days or more or if it is a renewal of a policy we issued the Insurer may cancel this policy only if one or more of the following reasons apply a. nonpayment of premium b. the policy was issued because of a material misrepresentation c. the Insured or Other Insureds violated any of the material terms and conditions of the policy d. unfavorable underwriting factors specific to the Insured or Other Insureds exist that were not present at the inception of the policy e. a determination by the commissioner that continuation of coverage could place the Insurer in a hazardous financial condition or in violation of the laws of this state or f. a determination by the commissioner that the Insurer no longer has adequate reinsurance to meet the Insurer s needs. The Insured will be notified in writing at least thirty 30 days before the effective date of cancellation. NONRENEWAL If the Insurer decides not to renew this policy the Insurer or the Insurer s licensed agent will give at least sixty 60 days written notice to the First Named Insured at the last known address. All notices of cancellation or nonrenewal will contain a written explanation specifically detailing the reasons for cancellation or nonrenewal. L Christopher G. Kopser AUTHORIZED REPRESENTATIVE 52144 1202 AH1105 | 2 |
ENDORSEMENT No. 12 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Lead Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Lead This insurance does not apply to any liability arising out of lead or the lead content of products. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supersede. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 86471 206 AH1891 | 2 |
ENDORSEMENT No. 13 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. sm Commercial Umbrella Liability Policy with CrisisResponse Named Peril and Time Element Pollution Self Insured Retention Endorsement This policy is amended as follows Section V. EXCLUSIONS Paragraph Q. Pollution is deleted in its entirety and replaced by the following Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants anywhere at any time 2. Any loss cost or expense arising out of 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 or 3. Any loss cost or expense arising out of 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. However Paragraph 1 of this exclusion will not apply to Bodily Injury or Property Damage arising out of i. Any discharge dispersal seepage migration release or escape of Pollutants directly or indirectly caused by fire explosion lightning windstorm vandalism or malicious mischief riot or civil commotion flood automatic sprinkler leakage collision or upset of an Auto or Mobile Equipment or aircraft or ii. Any discharge dispersal seepage migration release or escape of Pollutants that meets all of the following conditions a It was abrupt and neither expected nor intended by the Insured. This condition does not apply to a non routine incident where such discharge dispersal seepage migration release or escape of Pollutants was a result of an attempt by the Insured to mitigate or avoid a discharge dispersal seepage migration release or escape of Pollutants that was itself abrupt and neither expected nor intended by the Insured and where substantial third party Bodily Injury or Property Damage could have occurred b It commenced on a demonstrable specific date during the Policy Period c Its commencement became known to the Insured within 7 calendar days 80452 0603 AH1162 Page 10of 3 | 2 |
For d Its commencement was reported in writing to us within 21 calendar days of becoming known to the Insured and e Reasonable effort was expended by the Insured to terminate the discharge dispersal seepage migration release or escape of Pollutants as soon as conditions permitted. However nothing contained in this endorsement will operate to provide any coverage with respect to i. Any site or location principally used by the Insured or by others on the Insured s behalf for the handling storage disposal dumping processing or treatment of waste material ii. Any fines or penalties ii. Any clean up loss cost or expense arising out of any governmental request demand order or statutory or regulatory requirement. However this provision iii will not apply to third party clean up loss cost or expense otherwise covered by this endorsement that are also the subject of a governmental request demand order or statutory or regulatory requirement iv. Acid rain or acid runoff v. Clean up removal containment treatment detoxification or neutralization of Pollutants situated on premises which the Insured owns rents or occupies at the time of the actual discharge dispersal seepage migration release or escape of said Pollutants or vi. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury or any loss cost or expense arising out of any discharge dispersal seepage migration release or escape of Pollutants in knowing violation of or non compliance with governmental permits. the purpose of this endorsement only the SELF INSURED RETENTION in ITEM 5. of the DECLARATIONS is amended to include the following additional provision For dele For addi 1000000 Each Occurrence As respects all damages arising out of any discharge dispersal seepage migration release or escape of Pollutants covered under this endorsement. This Self Insured Retention will not be reduced by Defense Expenses. The above Self Insured Retention applies whether or not there is any available Scheduled Underlying Insurance or Other Insurance. If there is Scheduled Underlying Insurance or Other Insurance applicable to a Loss amounts received through such Scheduled Underlying Insurance or Other Insurance for payment of the Loss may be applied to reduce or exhaust the above Self Insured Retention if such policies were purchased by the Named Insured to specifically apply as underlying insurance to this policy. However in no event will amounts received through such Scheduled Underlying Insurance or Other Insurance for the payment of Defense Expenses reduce the above Self Insured Retention. the purpose of this endorsement only Section Ill. DEFENSE PROVISIONS Paragraphs A. and D. are ted in their entirety and Paragraph A. is replaced by the following We will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this endorsement may apply. If we exercise this right we will do so at our own expense. the purpose of this endorsement only Section VII. DEFINITIONS is amended to include the following itional definition Defense Expenses means a payment allocated to defend a specific Suit including but not limited to 1. Attorneys fees and all other investigation loss adjustment and litigation expenses 2. Premiums on bonds to release attachments 80452 0603 Page 2 of 3 AH1162 | 2 |
Premiums on appeal bonds required by law to appeal any claim or Suit Court costs taxed against the Insured in any Suit Pre judgment interest awarded against the Insured and Interest that accrues after entry of judgment. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80452 0603 AH1162 Page 3 0of 3 | 2 |
ENDORSEMENT No. 14 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Silica Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Any liability arising out of Silica Silica fibers or Silica Dust or any products containing Silica Silica fibers or Silica Dust. Section VII. DEFINITIONS is amended to include the following additional definitions Silica means 1. The substance commonly known as Silica and 2. Any substance or product which has the same or substantially similar chemical formulation structure or function as Silica by whatever name manufactured formulated structured sold or distributed. Silica Dust means 1. Dust comprising of Silica only and 2. Dust comprising of Silica mixed with other dust or fibers including but not limited to asbestos fibers. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supercede. All other terms definitions conditions and exclusions of this policy remain unchianged. A Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80479 0203 AH1061 | 2 |
ENDORSEMENT No. 15 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy With CrisisResponse Salary Reimbursement Endorsement This policy is amended as follows Section 1ll. DEFENSE PROVISIONS Paragraph C. is amended to include the following additional provision In addition to the supplementary payments listed in subparagraphs a. through f. above when we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will reimburse the Insured to the extent that such amounts to be reimbursed are not covered by Scheduled Underlying Insurance or any applicable Other Insurance for the Trial or Arbitration Testimony Reimbursable Amount with respect to any employee of the Insured who misses work for Trial or Arbitration Testimony at our request or with our consent subject to a maximum reimbursement of 10000 hereinafter referred to as the Trial or Arbitration Testimony Aggregate Limit of Insurance. The Trial or Arbitration Testimony Aggregate Limit of Insurance is the most we will pay with respect to all Trial or Arbitration Reimbursable Amounts regardless of the number of employees testifying or the number of trials or arbitrations at which employee testimony takes place. The Trial or Arbitration Testimony Aggregate Limit of Insurance is in addition to and not part of the Limits of Insurance shown on the Declarations. Section VII. DEFINITIONS is amended to include the following additional definitions Base Salary means the gross amount of compensation paid to an employee excluding bonuses and incentive payments overtime fringe benefits and other perquisites. Trial means a formal judicial hearing in which evidence is presented at least in part through live witness testimony for the purpose of obtaining either a jury or judge s verdict on legal claims. Trial or Arbitration Testimony means time spent by an employee of an Insured while appearing as a witness testifying at any Trial or binding arbitration proceeding. Trial or Arbitration Testimony shall include travel time to and from the Trial or binding arbitration on such days in which the employee gives live testimony where such travel time occurs during the customary business hours of the Insured s employee. Trial or Arbitration Testimony shall also include time missed from work while participating in testimony preparation at our request or with our consent and time spent at any Trial or binding arbitration proceeding on any day in which the employee is scheduled to be called to testify even if the employee is not ultimately called to testify on that day. It is understood and agreed that Trial or Arbitration Testimony shall not include time spent observing a Trial or arbitration where the employee is not scheduled to testify on that day. Trial or Arbitration Testimony Reimbursable Amount means the pro rata portion of the Base Salary of an employee of the Insured which the Insured paid the employee for Trial or Arbitration Testimony. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 102793 909 AH2838 | 2 |
ENDORSEMENT No. 16 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Uninsured Underinsured Motorists Coverage Endorsement THIS ENDORSEMENT APPLIES TO A COVERED AUTO REGISTERED OR PRINCIPALLY GARAGED IN THE FOLLOWING STATES where indicated by an X The DECLARATIONS ITEM 3. LIMITS OF INSURANCE is amended to include the following additional provisions Applicable Uninsured Underinsured Each Occurrence Limits VERMONT Bodily Injury and Property Damage Combined Single Limit And if Uninsured Underinsured Motorist Coverage has been selected under this policy Applicable Uninsured Underinsured Each Occurrence Limits X FLORIDA 1000000 Bodily Injury WEST VIRGINIA Bodily Injury and Property Damage Combined Single Limit And if Uninsured Underinsured Motorist Coverage has not been rejected under this policy Applicable Uninsured Underinsured Each Occurrence Limits LOUISIANA Bodily Injury Limit NEW HAMPSHIRE Bodily Injury Limit WISCONSIN Bodily Injury and Property Damage Combined Single Limit Uninsured Underinsured Motorists Retained Limit 1000000 INSURING AGREEMENT Section I. INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY is amended to include the following additional provisions 1. We will pay all sums in excess of the Uninsured Underinsured Motorists Retained Limit the Insured is legally entitled to recover as compensatory damages from the owner or operator of a. An Uninsured Motor Vehicle as defined in Definition 4.a. 4.b. and 4.c. of this endorsement because of Bodily Injury sustained by the Insured or Property Damage and caused by an Occurrence and b. An Uninsured Motor Vehicle as defined in Definition of 4.d. of this endorsement because of Bodily Injury sustained by any Insured or Property Damage. 82610 1109 Page 10f 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
We The owner s or operator s liability for these damages must result from the ownership maintenance or use of the Uninsured Motor Vehicle. will pay under this coverage only if a. b. or c. below applies The limits of any applicable liability bonds or policies of the Uninsured Motor Vehicle have been exhausted by judgments or payments Not applicable where the Uninsured Underinsured Motorist laws of Louisiana apply The submission of claims exceeds the limits of liability under any applicable Bodily Injury bonds or policies Applicable only where the Uninsured Underinsured Motorists laws of Louisiana apply or A tentative settlement has been made between an Insured and the insurer of the vehicle described in paragraph b. of the definition of Uninsured Motor Vehicle of this endorsement and we 1 Have been given prompt written notice of such settlement and 2 Advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification. 3. Any judgment for damages arising out of a Suit brought without our written consent is not binding upon us Not applicable where the Uninsured Underinsured Motorist laws of Louisiana apply. DEFENSE Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section IIl. DEFENSE PROVISIONS is hereby deleted in its entirety and replaced by the following 1. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury or Property Damage covered by this policy even if the Suit is groundless false or fraudulent when the Uninsured Underinsured Motorists Retained Limit has been exhausted by payment of Loss to which this policy applies. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. We will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury or Property Damage to which this insurance does not apply. When we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will a. b. Investigate negotiate and settle the Suit as we deem expedient and Pay the following supplementary payments 1 premiums on bonds to release attachments for amounts not exceeding our Limits of Insurance but we are not obligated to apply or furnish any such bond 2 premiums on appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this policy but we are not obligated to apply for or furnish any such bond 3 all court costs taxed against the Insured in the Suit 4 pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this policy we pay. If we make a settlement offer we will not pay 82610 1109 Page 2 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
any pre judgment interest accruing after we make such offer 5 postjudgment interest that accrues after entry of judgment on that part of the judgement within the applicable Limits of Insurance of this policy we pay and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance of this policy and 6 the Insured s expenses incurred at our request or with our consent. 4. Except as provided in Paragraph 1. above we will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. 5. We will not defend any Suit or pay any attorney fees or litigation expenses including without limitation the expenses described in Paragraph 3. above that accrue after the applicable Limits of Insurance of this policy have been exhausted by the payment of Loss and we will have the right to withdraw from the further defense of such Suit by tendering control of said defense to the Insured. LIMITS OF INSURANCE Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section IV. LIMITS OF INSURANCE is amended to include the following additional provisions 1. Regardless of the number of covered Autos Insureds premiums paid claims made or vehicles involved in the Occurrence the most we will pay for all damages resulting from any one Occurrence are the Limits of Insurance shown in Item 3. of the Declarations as amended in this endorsement. 2. With respect to coverage provided under Paragraph 4.b. of the definition of Uninsured Motor Vehicle the Limit of Insurance shall be reduced by all sums paid for Bodily Injury or Property Damage by or on behalf of anyone who is legally responsible. 3. Uninsured Underinsured Motorists Retained Limit This policy applies only in excess of an Uninsured Underinsured Motorists Retained Limit and then up to an amount not exceeding the Uninsured Underinsured Motorists Each Occurrence Limit as stated in the Declarations as amended in this endorsement subject to the provisions stated in 1. and 2. above. The Uninsured Underinsured Motorists Retained Limit shall not be reduced or exhausted by Defense Expenses. Where the Uninsured Underinsured laws of the state of West Virginia apply this Uninsured Underinsured Motorists Retained Limit applies excess of the statutory minimum amount of Uninsured Motorists Coverage provided by an underlying insurer. EXCLUSIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section V. EXCLUSIONS Exclusion O. is deleted in its entirety and replaced by the following 0. No Fault Laws This insurance does not apply to any obligation of the Insured under any No Fault law. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section V. EXCLUSIONS is amended to include the following additional exclusions 1. This insurance does not apply to any claim settled without our consent. However this exclusion does not apply to a settlement made with the insurer of a vehicle which is an Uninsured Motor Vehicle. 82610 1109 Page 3 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
2. This insurance does not apply to the direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. This insurance does not apply to any Insured using a vehicle without the expressed or implied permission of the owner or lessee. 4. This insurance does not apply to Bodily Injury or Property Damage sustained by a. An individual Named Insured while Occupying or when struck by any vehicle owned by that Named Insured that is not a covered Auto for Uninsured Motorists Coverage under this endorsement b. Any Family Member while Occupying or when struck by any vehicle owned by that Family Member that is not a covered Auto for Uninsured Motorists Coverage under this endorsement or c. Any Family Member while Occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage under any other policy. 5. This insurance does not apply to punitive or exemplary damages. 6. This insurance does not apply to Property Damage to an Auto or to property contained in an Auto owned by the Named Insured which is not a covered Auto. 7. This insurance does not apply to Property Damage for which the Insured has been or is entitled to be compensated by other property or physical damage insurance. CONDITIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition L. Other Insurance under Section VI. CONDITIONS is deleted in its entirety and replaced by the following L. Other Insurance Any insurance we provide under this endorsement will be excess to the total limits of any Other Insurance paid or available for payment to an Insured except other applicable Uninsured Underinsured Motorist Coverage written to be excess of this policy. If there is other applicable Uninsured Underinsured Motorist Coverage under any other policy issued to the Named Insured by us the maximum recovery for damages may equal but not exceed the highest applicable limit of insurance under any one policy. If there is other applicable excess Uninsured Underinsured Motorist Coverage available under more than one policy then the following priorities of coverage apply 1. A policy covering as excess umbrella or similar insurance a motor vehicle Occupied by the injured person or a policy covering as excess umbrella or similar insurance a pedestrian as a Named Insured. 2. A policy covering as excess umbrella or similar insurance a motor vehicle Occupied by the injured person or a policy covering as excess umbrella or similar insurance a pedestrian as an Insured other than as a Named Insured. 3. A policy not covering a motor vehicle Occupied by the injured person but covering as excess umbrella or similar insurance the injured person as a Named Insured. 4. A policy not covering a motor vehicle Occupied by the injured person but covering as excess umbrella or similar insurance the injured person as an Insured other than as a Named Insured. We will pay only our share of the Loss that must be paid under insurance providing umbrella or excess coverage. Our share is the proportion that our limit of liability bears to the total of all applicable limits of all the policies applicable on the same level of priority. 82610 1109 Page 4 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition G. Duties In the Event of an Occurrence Claim Or Suit under Section VI. CONDITIONS is amended to include the following additional provisions G. Specifically as respects to any Occurrence which may result in a Uninsured Underinsured Motorist claim for coverage under this policy a. You must promptly notify the police if a hit and run driver is involved and b. You must promptly send us copies of the legal papers if a Suit is brought. c. A person seeking Uninsured Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the Insured and the insurer of the vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle and allow us 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply to advance payment to that Insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition P. Transfer of Your Rights and Duties under Section VI. CONDITIONS is amended to include the following additional provisions P. If we make any payment and the Insured recovers from another party the Insured shall hold the proceeds in trust for us and pay us back the amount we have paid. However where the Uninsured Underinsured laws of the state of Louisiana apply if we make any payment under this policy and the person to or for whom payment is made has a right to recover damages from another we shall be subrogated to that right. However our right to recover is subordinate to the right of the Insured to be fully compensated. Our rights do not apply under this provision with respect to Uninsured Underinsured Motorists Coverage if we a. Have been given prompt written notice of a tentative setlement between an Insured and the insurer of a vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle and b. Fail to advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification. If we advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification a. That payment will be separate from any amount the Insured is entitled to recover under the provisions of Uninsured Underinsured Motorists Coverage and b. We also have a right to recover the advanced payment. For the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section VI. CONDITIONS is amended to include the following additional conditions Arbitration Not applicable where the Uninsured Underinsured laws of West Virginia or Louisiana apply 1. If we and an Insured disagree whether the Insured is legally entitled to recover damages from the 82610 1109 Page 5 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
owner or driver of an Uninsured Motor Vehicle or do not agree as to the amount of damages that are recoverable by that Insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to the arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the Insured lives. Local rules of law as to arbitration procedures and evidence will apply. A decision agreed to by two of the arbitrators will be binding. Conformance to Uninsured Motorist andor Underinsured Motorist Law To the extent any term of this policy conflicts with any applicable Uninsured Underinsured law the term shall be deemed amended so as to conform to minimum requirements of that law. However under no such circumstance shall any term be amended to be broader than the minimum requirements of that law. DEFINITIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Definition M. Insured under Section VII. DEFINITIONS is deleted in its entirety and replaced by the following M. Insured means If the Named Insured is designated in the Declarations as a. An individual then only the following are Insureds 1 The Named Insured and any Family Members. 2 Anyone else occupying a covered Auto or a temporary substitute for a covered Auto. The covered Auto must be out of service because of its breakdown repair servicing Loss or destruction. 3 Anyone for damages he or she is entitled to recover because of Bodily Injury sustained by another Insured. A partnership limited liability company corporation or any other form of organization then the following are Insureds 1 Anyone occupying a covered Auto or a temporary substitute for a covered Auto. The covered Auto must be out of service because of its breakdown repair servicing Loss or destruction 2 Anyone for damages he or she is entitled to recover because of Bodily Injury sustained by another Insured. For the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Definition Y. Property Damage under Section VII. DEFINITIONS is deleted in its entirety and replaced by the following Y. Property Damage means Physical Injury or destruction of a. b. A covered Auto or Property contained in the covered Auto. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section VII. DEFINITIONS is amended to include the following additional definitions 1. Defense Expenses means a payment allocated to a specific Loss claim or Suit for its investigation settlement or defense including but not limited to 82610 1109 Page 6 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
e. f. Attorneys 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 in any claim or Suit Pre judgment interest awarded against the Insured and Interest that accrues after entry of judgment. Family Member means a person related to an individual Named Insured by blood marriage Including civil union where the Uninsured Underinsured Motorists Laws of New Hampshire and Vermont apply or adoption who is a resident of such Named Insured s household including a ward or foster child. Occupying andor Occupied means in upon getting in on out or off. Uninsured Motor Vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an Occurrence provides at least the amounts required by the applicable law where a covered Auto is principally garaged Which is an Underinsured Motor Vehicle. An Underinsured Motor Vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies applicable at the time of an Occurrence provides at least the amounts required by the applicable law where a covered Auto is principally garaged but their limits are less than the Limit of Insurance of this coverage Not Applicable where the Uninsured Underinsured laws of West Virginia apply For which an insuring or bonding company denies coverage or is or becomes insolvent or That is a hit and run vehicle and neither the operator nor owner can be identified. The vehicle must either 1 Hitan Insured a covered Auto or a vehicle an Insured is Occupying or 2 Cause Bodily Injury to an Insured without hitting an Insured a covered Auto or a vehicle an Insured is Occupying. The facts of the Occurrence or intentional act must be proved by independent corroborative evidence other than the testimony of the Insured making a claim under this or similar coverage unless such testimony is supported by additional evidence Not applicable where the Uninsured Underinsured Motorists Laws of Vermont apply. The facts of the Occurrence or intentional act must be supported by sworn statements from the Insured reporting to the police and proof of claim by the preponderance of the evidence Applicable only where the Uninsured Underinsured Motorist laws of Vermont apply. However Uninsured Motor Vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law. However where the Uninsured Underinsured laws of the state of Florida apply Uninsured Motor Vehicle includes any vehicle owned or operated by a self insurer under any applicable motor vehicle law Designed for use mainly off public roads while not on public roads Owned by or furnished or available for the Named Insured s regular use or that of any Family Member if the Named Insured is an individual or Owned by any governmental unit or agency unless the owner or operator of the Uninsured Motor 82610 1109 Page 7 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
Vehicle has 1 An immunity under applicable tort liability law or 2 A diplomatic immunity. Underinsured Motor Vehicle means a land motor vehicle or trailer to which a liability bond or policy applies at the time of the Occurrence but the amount paid for Bodily Injury or Property Damage to an Insured under that bond or policy is not enough to pay the full amount the Insured is legally entitied to recover as damages. However Underinsured Motor Vehicle does not include any vehicle or trailer a. Owned or operated by a self insurer under any applicable motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. of West Uninsured Underinsured Motorists Retained Limit as specified in the Declarations above means either a. the Auto liability limit as provided by a policy listed in Scheduled Underlying Insurance or b. the Auto liability Retained Limit as listed in the Schedule of Retained Limits. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 82610 1109 Page 8 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
ENDORSEMENT No. 17 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy With CrisisResponse Violation of Economic or Trade Sanctions Condition Amendment Endorsement This policy is amended as follows Section VI. CONDITIONS Paragraph R. Violation of Economic or Trade Sanctions is deleted in its entirety. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 99497 608 AH2423 | 2 |
ENDORSEMENT No. 18 This endorsement effective 1201 AM September 30 2014 Forms a part of policy no BE 060600292 Issued to NPC INTERNATIONAL INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse XSEnhanced Restaurant Coverage Enhancement Endorsement TO THE EXTENT ANY PROVISION OF THIS ENDORSEMENT CONFLICTS WITH ANY PROVISION OF THE POLICY OR ANY OF ITS OTHER ENDORSEMENTS THE PROVISIONS OF THIS ENDORSEMENT WILL SUPERSEDE. This policy is amended as follows The DECLARATIONS are amended to add the following Designated Coverage Self Insured Retentions 1000000 Each Occurrence 3000000 General Aggregate 3000000 Products Completed Operations Aggregate as respects all coverages designated in the Restaurant Coverage Enhancement Endorsement as being subject to the Designated Coverage Self Insured Retentions. The Designated Coverage Self Insured Retentions will not be reduced by Defense Expenses. The applicable Designated Coverage Self Insured Retentions apply whether or not there is any available Other Insurance. If there is Other Insurance applicable to a Loss amounts received through such Other Insurance for payment of the Loss may be applied to reduce or exhaust the above Self Insured Retention if such policies were purchased by the Named Insured to specifically apply as underlying insurance to this policy. However in no event will amounts received through such Other Insurance for the payment of Defense Expenses reduce the above Self Insured Retention. Solely with respect to the coverage provided by this policy subject to the applicable Designated Coverage Self Insured Retentions set forth above Section Ill. DEFENSE PROVISIONS Paragraphs A. and D. are deleted in their entirety and Paragraph A. is replaced by the following A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal Injury and Advertising Injury as applicable arising out of coverage subject to the applicable Designated Coverage Self Insured Retention once such Designated Coverage Self Insured Retention has been exhausted by Loss to which this policy applies and the total applicable limits of Other Insurance have been exhausted. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. Section VII. DEFINITIONS Paragraph X. is amended to include the following additional provision X. Products Completed Operations Hazard shall also include Bodily Injury or Property Damage that arises out of Your Products that are manufactured sold handled or distributed on from or in connection with your food or restaurant operations if the Bodily Injury or Property Damage occurs 102379 1009 AH2617 Page 10of 3 | 2 |
after you have relinquished possession of Your Products even if such Bodily Injury or Property Damage occurs at premises you own rent or manage. Section VII. DEFINITIONS Paragraph U. is amended to add the following to the definition of Personal Injury and Advertising Injury 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 capabilites 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 and or any of your executive officers or directors and b. not directly or indirectly related to the employment of any person or persons by you. If coverage for such discrimination or humiliation is not provided by any applicable Scheduled Underlying Insurance the coverage shall be provided excess of the Designated Coverage Self Insured Retention listed in the Declarations as amended by the XSEnhanced Restaurant Coverage Enhancement Endorsement. Section I. INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY is amended to include the following additional provisions Fungus Molds Spores Bacteria Viruses Mildew and Yeast This policy shall provide coverage for liability for those sums in excess of the Retained Limit or the Designated Coverage Self Insured Retention where applicable that the Insured becomes legally obligated to pay as damages by reason of liability imposed by law for Bodily Injury or Property Damage arising out of a. Any Fungus Mold bacteria virus mildew or yeast or b. Any Spore or toxin created or produced by or emanating from such Fungus Mold bacteria virus mildew or yeast or c. Any substance vapor gas or other emission or organic or inorganic body or substance produced by or arising out of any Fungus Mold bacteria virus mildew or yeast where such Fungus comprises or such Fungus Spore bacteria including but not limited to E. coli salmonella C. botulinum and listeria monocytogenes viruses including but not limited hepatitis A hepatitis C norovirus rotavirus that are found on or contained in an edible good or edible product intended for human or animal consumption. If coverage for such Bodily Injury or Property Damage is not provided by any applicable Scheduled Underlying Insurance the coverage for such Bodily Injury or Property Damage shall be provided excess of the applicable Designated Coverage Self Insured Retention as amended by the XSEnhanced Restaurant Coverage Enhancement Endorsement. The coverage provided by this section is subject to all other terms and conditions of this policy. Nevertheless it is understood and agreed that any exclusion contained within this policy or any of its endorsements for liability arising from or associated with the substances identified in paragraphs a. b. or c. above shall not apply with respect to the coverage provided by this endorsement. Pesticide Herbicide or Fungi de Application This policy shall provide coverage for liability for those sums in excess of the Retained Limit or the Designated Coverage Self Insured Retention where applicable that the Insured becomes legally obligated to pay as damages by reason of liability imposed by law for Bodily Injury or Property Damage arising out of any Pesticide Herbicide or Fungicide Application. 102379 1009 AH2617 Page 2 of 3 | 2 |
The coverage provided by this section is subject to all other terms and conditions of this policy. Nevertheless it is understood and agreed that any pollution exclusion attached to this policy shall not apply to liability for Bodily Injury or Property Damage arising out of any Pesticide Herbicide or Fungicide Application. If coverage for such Bodily Injury or Property Damage arising out of any Pesticide Herbicide or Fungicide Application is not provided by any applicable Scheduled Underlying Insurance the coverage for such Bodily Injury or Property Damage shall be provided excess of the applicable Designated Coverage Self Insured Retention as amended by the XSEnhancedRestaurant Coverage Enhancement Endorsement. Section VII. DEFINITIONS is amended to include the following additional definitions Defense Expenses means a payment allocated to defend a specific Suit including but not limited to 1. Attorneys 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. Court costs taxed against the Insured in any Suit 5. Pre judgment interest awarded against the Insured and 6. Interest that accrues after entry of judgment. Fungusi includes but is not limited to any of the plants or organisms belonging to the major group Fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Pesticide Herbicide or Fungicide Application means application of any toxic substance designed to destroy animal plant or fungal pests but only if such application meets all of the following preconditions 1. the contractor or subcontractor applying the pesticide herbicide or fungicide satisfies all applicable federal state or local licensing or registration requirements for such applicators and 2. the application operations including the use of the pesticides herbicides or fungicides applied meet all standards of any statute ordinance regulation licensing or registration requirement of any federal state or local government which apply to those operations. Spores means any dormant or reproductive body produced by or arising or emanating out of any Fungusi Molds bacteria mildew plants organisms or microorganisms. Section IV. LIMITS OF INSURANCE Paragraph E. is deleted in its entirety. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 102379 1009 AH2617 Page 3 0of 3 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 032621 to 032622 Policy Number 538 36 76 22 Mool TTL NAMED INSURED PRODUCER KRATOS CONCRETE SPECIALISTS LOCKTON COMPANIES LLC LLC 13710 FNB PKWY STE 400 2440 GLACIER DR OMAHA NE 68154 5298 PAPILLION NE 68046 3255 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 THIS POLICY RENEWAL IS OFFERED CONTINGENT UPON THE RECEIPT OF PAYMENT WHICH IS DUE ON 042621. Insured is LLC Each Occurrence Limit Liability Coverage 2000000 Personal Advertising Injury Limit 2000000 Any one person or organization Aggregate Limit Liability Coverage 2000000 except with respect to covered autos AUDIT PERIOD ANNUALLY THE ADVANCE PREMIUM IS A MINIMUM PREMIUM FOR THE POLICY TERM A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CuU00010413 CU02081217 CU21230202 CU21271204 CU21300115 CU21360115 CU21580509 CU21710615 CU21860514 CU24090305 CU24231207 CU24361219 CU7001A1115 CU72700806 CU72720806 CUT2760321 CU72930806 CU7404.11008 CU74381109 CU74601215 CU74680117 CU83271220 IL0O0L171198 IL70040320 IL7131A0401 IL73380515 IL74470515 IL8383.2A1220 IL8384A0108 IL87631020 REFER TO PRIOR DISTRIBUTIONS FOR ANY FORMS NOT ATTACHED Date of Issue 032521 BPP FORM CU7000A ED. 01 07 BPP 032621 007 B8 5783676 2201 COMMERCIAL UMBRELLA D Policy Period From 032621 to 032622 LLC 13710 FNB PKWY STE 400 2440 GLACIER DR OMAHA NE 68154 5298 PAPILLION NE 68046 3255 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 DIRECT BILL serage 2000000 2000000 2000000 AUDIT PERIOD ANNUALLY THE ADVANCE PREMIUI A 100 IS A MINIMUM PREMIUM FOR THE POLICY TERM MINIMUM POLICY PREMIUM APPLIES Forms Applicable CuU00010413 CU02081217 CU21230202 CU21271204 CU21300115 CU21360115 CU21580509 CU21710615 CU21860514 CU24090305 CU24231207 CU24361219 CU7001A1115 CU72700806 CU72720806 CUT2760321 CU72930806 CU7404.11008 CU74381109 CU74601215 CU74680117 CU83271220 IL0O0L171198 IL70040320 IL7131A0401 IL73380515 IL74470515 IL8383.2A1220 IL8384A0108 IL87631020 REFER TO PRIOR DISTRIBUTIONS FOR ANY FORMS NOT ATTACHED | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J8 36 76 22 KRATOS CONCRETE SPECIALISTS EFF DATE 032621 EXP DATE 032622 COMMERCIAL UMBRETLTLA POLICY DECLARATIONS ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM Cuo0001 04 13 COMM LIABILITY UMBRELLA COV FORM Ccu0208 12 17 NE CHANGES CANCELLATION AND NONRENEW cuz2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM cuz2127 12 04 FUNGI OR BACTERIA EXCLUSION Cu2130 01 15 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 15 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2158 05 09 COMMUNICABLE DISEASE EXCLUSION Cu2171 06 15 EXCLUSION UNMANNED AIRCRAFT Cu2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CU2409 03 05 CONTRACTUAL LIABILITY RAILROADS SCHEDULED RAILROAD DESIGNATED JOB SITE ANY RAILROAD AND ANY JOBSITE cu2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU2436 12 19 PRODUCTS COMPL OPS AGGREGATE LIMIT LIMIT OF INSURANCE 1000000 CU7001A 11 15 SCHED OF PRIMARY INS AUTOMATED cu7270 08 06 AGG LIMIT PER PROJ AGG FOR PREM OPS cu7272 08 06 ASBESTOS EXCLUSION CU7276 03 21 COMMERCIAL UMBRELLA AMENDMENT OF COV cU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM cu7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU7460 12 15 BLANKET WAIVER OF SUBROG WHEN REQUIR CU7468 01 17 PRIMARY NONCONT OTHER INS AUTOMATIC CU8327 12 20 ADVISORY NOTICE TO POLICYHOLDERS IL0017 11 98 COMMON POLICY CONDITIONS IL7004 03 20 MUTUAL POLICY PROVISIONS IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL7338 05 15 NOTICE OF CANC PROV BY US DESIGNATED NAME OF ENTITY GRAHAM CONSTUCTION MANAGEMENT MAILING ADDRESS 411 1ST AVE SOUTH STE 620 SEATTLE WA 98104 NUMBER OF DAYS NOTICE 45 NAME OF ENTITY GRAHAM CONSTRUCTION AND MANAGEMENT INC. MAILING ADDRESS 5681 AVENUE SOUTH STE 400 SEATTLE WA 98104 NUMBER OF DAYS NOTICE 45 IL7447 05 15 NOTICE OF CANCEL W WRITTEN CONTRACT IL8383.2A 12 20 DISCL PURSUANT TERRSM RISK INS. ACT 34 IL8384A 01 08 TERRORISM NOTICE IL8763 10 20 COMMUNICABLE DISEASE EXCL PH NOTICE DATE OF ISSUE 032521 FORM IL7131A ED. 04 01 BPP 007 B8 5783676 2201 EDITION Cu2423 CU2436 CU7001A Ccu7270 Ccu7272 CU7276 CU7293 CU7404.1 CU7438 CU7460 CU7468 CU8327 IL0017 IL7004 IL7131A IL7338 IL7447 IL8383.2A IL8384A IL8763 05 15 12 20 01 08 10 20 NE CHANGES CANCELLATION AND NONRENEW NUCLEAR ENERGY LIAB EXCL BROAD FORM FUNGI OR BACTERIA EXCLUSION CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR COMMUNICABLE DISEASE EXCLUSION EXCLUSION UNMANNED AIRCRAFT EXCL ACCESS DISCL OF CONFID PERSONAL CONTRACTUAL LIABILITY RAILROADS SCHEDULED RAILROAD DESIGNATED JOB SITE ANY RAILROAD AND ANY JOBSITE COVERAGE FOR PROFESSIONAL SERVICES PRODUCTS COMPL OPS AGGREGATE LIMIT LIMIT OF INSURANCE 1000000 SCHED OF PRIMARY INS AUTOMATED AGG LIMIT PER PROJ AGG FOR PREM OPS ASBESTOS EXCLUSION COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM CONTRACTORS OCCURRENCE DEFINITION BLANKET WAIVER OF SUBROG WHEN REQUIR PRIMARY NONCONT OTHER INS AUTOMATIC ADVISORY NOTICE TO POLICYHOLDERS COMMON POLICY CONDITIONS MUTUAL POLICY PROVISIONS COMML POLICY ENDORSEMENT SCHEDULE NOTICE OF CANC PROV BY US DESIGNATED NAME OF ENTITY GRAHAM CONSTUCTION MANAGEMENT MAILING ADDRESS 411 1ST AVE SOUTH STE 620 SEATTLE WA 98104 NUMBER OF DAYS NOTICE 45 NAME OF ENTITY GRAHAM CONSTRUCTION AND MANAGEMENT INC. MAILING ADDRESS 5681 AVENUE SOUTH STE 400 SEATTLE WA 98104 NUMBER OF DAYS NOTICE 45 NOTICE OF CANCEL W WRITTEN CONTRACT DISCL PURSUANT TERRSM RISK INS. ACT TERRORISM NOTICE COMMUNICABLE DISEASE EXCL PH NOTICE 3. | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J8 36 76 22 KRATOS CONCRETE SPECIALISTS EFF DATE 032621 EXP DATE 032622 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 032521 FORM IL8384A 01 08 BPP 007 B8 5783676 2201 KRATOS CONCRETE SPECIALISTS EFF DATE 032621 EXP DATE 0326 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
NE INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J8 36 76 22 KRATOS CONCRETE SPECIALISTS EFF DATE 032621 EXP DATE 032622 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 34.00 Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. INCLUDES COPYRIGHTED MATERIAL OF ISO PROPERTIES INC. WITH ITS PERMISSION DATE OF ISSUE 032521 FORM IL8383.2A12 20 BPP 007 B8 5783676 2201 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 34.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified unde the Terrorism Risk Insurance Act exceed 100 billion in a calendar yea the Treasury shall not make any payment for any portion of the amount such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calend 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 Treasur The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your poli carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. INCLUDES COPYRIGHTED MATERIAL OF ISO PROPERTIES INC. WITH ITS PERMISSION X CHANGE THE TERMS g k Insurance Act we are sing the portion of.ge for terrorist acts Act. The portion of s shown in the Schedule tions. nt Of Terrorism Losses the Treasury will pay Of Terrorism Losses | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 5J83676 22 KRATOS CONCRETE SPECIALISTS LL Eff Date 032621 Exp Date 032622 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 5E83676 Policy Period 032621 to 032622 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident Commercial General Liability Company Employers Mutual Casualty Company Policy Number 5D83676 Policy Period 032621 to 032622 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employers Liability Company Employers Mutual Casualty Company Policy Number S5H83676 Policy Period 032621 to 032622 Minimum Applicable Limits Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease 500000 Each Accident 500000 Each Employee 500000 Policy Limit w o Date of Issue 032521 BPP FORM CU7001A ED. 11 15 BPP 032621 007 B8 5783676 2201 KRATOS CONCRETE SPECIALISTS LL Eff Date 032621 Exp Date 0326. COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number SE83676 Policy Period 032621 to 032622 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident TETERE s EeE EEatEe s mem e Company Employers Mutual Casualty Company Policy Number 5D83676 Policy Period 032621 to 032622 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 B 500000 Each Accident 500000 Each Employee 500000 Policy Limit | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18 | 1 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
COMMERCIAL LIABILITY UMBRELLA Cu 02081217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2.a. If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. 6 This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium CuU 02081217 Insurance Services Office Inc. 2017 Page 1 of 2 | 2 |
notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. Conditon 10. When We Do Not Renew of Section IV Conditions is replaced by the following WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 CuU 02081217 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CuU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21360115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21360115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2158 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. B. The following is added to Paragraph 2.a. of Sec tion Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to a. Personal and advertising injury Communicable Disease Arising out of the actual or alleged trans mission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the 1 Supervising hiring employing training or monitoring of others that may be in fected with and spread a communicable disease 2 Testing for a communicable disease 3 Failure to prevent the spread of the disease or 4 Failure to report the disease to authori ties. CU 2158 0509 Insurance Services Office Inc. 2008 Page 1 0of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21710615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.j. Aircraft Or Watercraft under This Paragraph j.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training 2. Exclusions or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance This insurance does not apply to j. Aircraft Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph j.1 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge c Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described in this Paragraph j.2 will follow the same d This Paragraph j.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described in this Paragraph j.2 will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance or b c CU 21710615 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
e Aircraft that is i Chartered by loaned to or hired by you with a paid crew and iij Not owned by any insured. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advel g Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CU 21710615 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 24 09 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions Section is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business per taining to the rental or lease by you or any of your employees of any auto. How ever such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agree ment pertaining to your business including an indemnification of a municipality in con nection with work performed for a munici pality under which you assume the tort li ability of another party to pay for bodily injury or property damage to a third per son or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That pertains to the loan lease or rental of 2 an auto to you or any of your employ ees if the auto is loaned leased or rented with a driver or That holds a person or organization en gaged in the business of transporting prop erty by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. CU 2409 03 05 ISO Properties Inc. 2004 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24231207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion s. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability and Exclusion a.15 under Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability do not apply. Coverage provided will follow the provisions exclu sions and limitations of the underlying insurance unless otherwise directed by this insurance. CU 24231207 ISO Properties Inc. 2007 Page 1 of 1 a | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 24361219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Products Completed Operations Aggregate Limit Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Ill Limits Of Insurance is replaced by the following Section lll Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage 1 Arising out of the ownership maintenance or use of a covered auto or 2 Included in the products completed operations hazard and b. Coverage B. 3. The Products Completed Operations Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all ultimate net loss under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence. 5. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization. 6. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limits as described in Paragraphs 2. and 3. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Of Insurance is replaced by the Of Insurance urance shown in the Declarations le of this endorsement and the e most we will pay regardless of suits brought or number of ved or organizations making claims or imit is the most we will pay for the te net loss under except ultimate net loss bodily injury or property t of the ownership maintenance 1 covered auto or in the products completed hazard and ompleted Operations Aggregate The CU 24361219 Insurance Services Office Inc. 2018 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER PROJECT AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Ill Limit of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your projects away from premises owned by or rented to you. CU72708 06 Page 1 0f 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge 3. Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Form for the watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance. Fellow Employee Section Il Who is an Insured is amended by adding the following This endorsement modifies insurance provided under the following Paragraph 1. b.1ai ii and iii and Paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. E. Condition 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance a. This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance cu72763 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f2 | 2 |
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