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Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution continued b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured sbehalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize the effects of pollutants. es or in any way respond to or a D. This insurance does not apply to any loss cost or expense arising out of any 1. demand order or regulatory or statutory requirement that any insured or reques others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim or proceeding by or on behalf of any governmental authority or others for use of testing for monitoring cleaning up removing containing damages bec treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was cidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions Umbrella Coverage B Bodily Injury Property Damage Aircraft Owned Or Rented Without Crew With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is. loaned or rented to you with a paid trained crew and not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 11 0f 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily i jury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bedily injury or property damage caused by an occurrence that takes place outside of the United States of America including its posss and Puerto Rico. sions or territories Canada Damage To Impaired Property Or Property Not Physically Injured This insurance does not apply to property damage to impaired property or. property that has not been physically injured arising out of any. defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property This insurance does not apply to property damage to any property. owned by you or. of any insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property. your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended Injury This insurance does not apply to bodily injury or property damage arising out of an act that. is intended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage. even if the actual bodily i is of a different degree or type than intended or expected. jury or property damage This exclusion does not apply to bedily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of L you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reports all or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or. that is not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage. the following exclusions apply. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury arising out of breach of contra Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A B. this insurance or a subsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that s intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To Representations Or Warranties This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. Prior Offenses This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With Knowledge Of Falsity This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or if a reasonable person in the circumstances of such insured would have known such material to be fals Wrong Description Of Prices This insurance does not apply to advertising injury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage and Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. This insurance does not apply to bodily injury. property damage personal injury or advertising injury s person as a consequence of any injury or damage described in paragraph A. above. stained by the brother child parent sister or spouse of such injured 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 any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention A. enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged bodily injury property damage advertising injury or personal i actual or alleged jury arising out of giving rise to or in any way related to any. assertion or. infringement or violation by any person or organization including any insured of any intellectual property law or right. regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applies unless such injury s caused by an offense described in the definition of advertising injury and. does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right. other than one described in the definition of advertising injury Pollution A. This insurance does not apply to bodily injury property damage advertising inju ry or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. This ns rance does not apply to any loss cost or expense arising out of any I reques othe demand order or regulatory or statutory requirement that any insured or s test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was intended preventable or sudden. cidental expected gradual Recall Of Products Work This insurance does not apply to damag Or Impaired Property others for the loss of use withdrawal rec or disposal of laimed for any loss cost or expense incurred by you or I inspection repair replacement adjustment removal your product your work or impaired property Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work Or Impaired Property continued 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. Policy Exclusions Asbestos With respect to all coverages under this contract the following exclusions apply. A nsi rance does not apply to any liability or loss. This cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 asbestos or 2. claim or proceeding by or on behalf of a governmental authority or others 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 asbestos. Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any. medical expenses or payments coverage. no fault law. personal injury protection coverage. underinsured or uninsured financial responsibility law. workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement Income Security Laws This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act E.R.I.S.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices Employment Related A This insurance does not apply to any liability or loss cost or expense in connection with any Practices damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 17 0f 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3. coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement 2. breach of any express or implied covenant 3. coercion criticism humiliation prosecution or retaliation 4. defamation or disparagement 5. demotion discipline evaluation or reassignment 6. discrimination harassment or segregation 7. a. eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 11 other employment related act omission policy practic in connection with any insured at any time. representation or relationship This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at ns whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies. whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. Nuclear Energy Nuclear Energy A. This insurance does not apply to any liability or loss cost or expense status as an insured under 1. with respect to which any insured under this policy also ha a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material 1. if the nuclear material a. s atany nuclear facility owned by or operated by or on behalf of any insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy continued b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Conditions Appeals With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. Audit Of Books And Records We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Bankruptcy Bankruptey or insolvency of the insured or of the insured sestate will not relieve us of our obligations under this insurance. Cancellation The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured. last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata bas as soon as practicable. s. Any unearned premium will be returned Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. Disclosures And Representations We have issued this insurance Based upon representations you made to u in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any insurers of underlying insurance are notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 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. Notice of an occurrence or offense is not notice of a claim. 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 2. notify us and any other insurers as soon as practicable and 3. see to it that we receive written notice of the claim or suit as soon s practicable. You and any other involved insured mu 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insureds will except at that insured sown cost make any payment obligation or incur any expense without our consent. sume any Notice given by or on behalf of 1. the insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of Occurrence Offense Claim Or Suit continued 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officersdesignee knows about such occurrence or offense. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officersdesignee to notify s of an occurrence or offense which such person knows about will not affect the insurance afforded to you. If a claim or loss does not reasonably appear to involve either this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or lo First Named Insured The person or organization first named in the Dec rations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may. make inspections and surveys at any time. give you reports on the conditions we find and. recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that condition are safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar rance inspections surveys reports or recommendations for us. organization which make Joint Duties In Non Admitted Jurisdictions With respect to an occurrence offense claim or suit to which this insurance applies that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. youand any other insured mus Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions make such investigation defense or settlement as we deem reasonable Joint Duties In Non 1. Admitted Jurisdictions 5 P 4 a. obtain our approval for any payment and continued 3. effect approved payments to others in accordance with the terms and conditions of gation defense or settlement as we deem reasonable 1. make such inves 2. obtain our approval for any payment and effect approved payments to others in accordance with the terms and conditions of this insurance. we will reimburse funds to the insured for payments approved by us for 1. loss and expenses and other payments to which this insurance applies. D. we will make those reimbursements in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us No person or organization has a right under this insurance to. join us as a party or otherwise bring us into a suit seeking damages from an insured or. sue us on this insurance unless all of the terms and conditions of this insurance 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 obtained after an actual trial in a civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Maintenance Of Underlying Insurance And Underlying Limits We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see to it that underlying insurance is and remains valid and in full force and effect underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits are and remain available regardless of any bankruptey insolvency or other financial impairment of any insurer or any other person or organization the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Failure to comply with this condition will not invalidate this insurance. But in the case of any such Insurance And Underlying failure our obligation or liability will not exceed that which would have applied absent any failure Limits to comply with this condition. continued You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. Other Insurance If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is exc over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and of all deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifi insurance to the first named insured this insurance applies. as if each named insured were the only named insured and. separately to each insured against whom claim is made or suit is brought. Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Duties Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights uch person or organization in a contract or agreement that is executed before of recovery again loss. To the extent that the insured srights to recover all or part of any payment made under this insurance have not been waived 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. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Rights Of Recovery Against Others continued Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 24 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Advertisement WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily Injury Bodily injury means physical. injury. sickness or. disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to oceur at the time of the physical injury sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. you have failed to fulfill the terms or conditions 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 or conditions of the contract or agreement. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions Umbrella Coverage B continued Insured Contract WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANI S DESCRIBED BELOW. Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applies sustained by a third person or organization provided the injury or damage occurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Property Law Or Right Intellectual property law or right means any certification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased Worker Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker Loading Or Unloading Loading or unloading means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. 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 auto or watercraft. Occurrence Occurrence means an a cident including continuous or repeated exposure to substantially the me general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 26 of 32 | 1 |
Definitions Umbrella Coverage B continued Personal Injury Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal injury means injury. other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosecution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy E. discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you and arising out of your product or your work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a 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. does not include bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured 2. the existence of tools uninstalled equipment or abandoned or unused materials or Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property Damage Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your Product Your product A means any 1. 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. aperson or organization whose assets or business you have acquired and containers other than vehicles materials parts or equipment furnished in connection with such goods or product includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your work A means any 1. work or operations performed by a. youor on your behalf or s you have acquired and ets or busine b. aperson or organization whose Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials parts or equipment furnished in connection with such work or operations. continued B R. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Agreed Settlement Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss Loss. means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are not licensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of 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 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Facility Nuclear Hazardous Properties Nuclear hazardous properties include radioactive toxic or explo i ve properties. Nuclear Material Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property damage includes all forms of radioactive contamination of property. Nuclear Reactor 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. Nuclear Spent Fuel Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been or exposed to radiation in a nuclear reactor. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 30 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material. containing nuclear material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and. resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility Policy Definitions continued Nuclear Waste Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of Toss. Other insurance does not include underlying insurance or insurance negotiated specifically to apply in exc Pollutants 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. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance consisting of amounts 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardless of the reason available under any applicable antecedent renewal or replacement of underlying insurance C. of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and D. any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. If amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 32 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Conditions the condition titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions Kansas Mandatory Cancellation We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or. 30 days before the effective date of cancellation if we cancel for any other reas n. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons. nonpayment of premium. this policy was issued because of material misrepresentation. you or any other insured violated any of the material terms and conditions of this policy. unfavorable underwriting factors specific to you exist that were not present at the inception of this policy adetermination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or adetermination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew continued Form 07 02 1006 Rev. 5 02 Endorsement Page 1 | 2 |
Conditions Kansas Mandatory continued When We Do Not Renew If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first named insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms and conditions remain unchanged. Authorized Representative o S f February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew last page Form 07 02 1006 Rev. 5 02 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Conditions the following condition is added to the policy Conditions Compliance With Applicable Trade Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. B Authorized Representative QO February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions last page Form 07 02 1988 Rev. 2 04 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company pEDERAL INSURANCE COMPANY Date Issued February 6 2015 SCHEDULE A Limits Of Insurance Crisis ssistance For Excess And Umbrella Aggregate Limit The lesser of 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. Coverage Crisis Assistance For Excess And Umbrella A section titled Coverage Crisis Assistance For Excess And Umbrella is added to this contract. Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured crisis assistance expenses up to the amount of the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of this insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement A crisis event will be deemed to end one hundred and eighty 180 days after the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance. Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 1 | 2 |
Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. Conditions Special Duties In The Event Of A Crisis Event You must see to it that within twenty four 24 hours of a crisis event A. one of the crisis assistance service providers is notified by telephone and B. we are notified. To the extent possible notice should include 1. how when and where the crisis event took place 2. the names and addresses of any injured persons and witnesses 3. the nature and location of any injury or damage arising out of the crisis event and 4. the reason why the event s likely to involve injury or damage covered by this policy and involve significant adverse regional or national media coverage. Other Crisis Assistance Insurance If you have other insurance that provides coverage for crisis assistance also covered by this insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Expenses Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and directly attributable to that crisis event expenses to secure the scene of a crisis event fees charged by a crisis assistance service provider shown in Schedule B for professional service or advice funeral or related service expenses psychological or grief counseling expenses temporary living expenses Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number March 31 2015 7989 34 08 Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsement to this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 2. retained limits andor 3. other insurance and B. significant adverse regional or national media coverage. Schedule B Crisis Assistance Service Providers Assistance Service Providers on www.chubb.com. Please see listing of Cris We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Authorized Representative Q 2 February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella last page Form 07 02 2440 Ed. 12 10 Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured MARCH 31 2015 To MARCH 31 2 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. To MARCH 312016 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Conditions the following condition is added. Conditions Civil Unions Or Domestic All references in the policy to spouseihclude a party to a civil union or domestic partnership Partnerships recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged. Authorized Representative Ok Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships last page Form 07 02 2483 Ed. 3 12 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Terrorism Provisions Cap On Certified Terrorism Losses A new section titled Terrorism Provisions is added to the end of this contract. 1f. aggregate insured losses attributable to one or more certified acts of terrorism under the terrorism law exceed 100 billion in a Program Year January 1 through December 31 and. we have met our insurer deductible under the terrorism law we will 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. es Terrorism Definitions Certified Act Of Terrorism A new section titled Terrorism Definitions is added. Certified 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 A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. an air carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to coerce the civilian population or Chubb Commercial Excess And Umbrela Insurance Re e BHTgmorism Losses continued Form 07 02 1961 Rev. 12 07 Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Terrorism. influence the policy or affect the conduct of the Government continued of the United States. Certified act of terrorism does not include an act that is committed as part of the course of a war declared by the Congress of the United States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam each of the United States Virgin Islands and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 Pub. L.107 297 as amended by the Terrorism Risk Insurance Extension Act of 2005 Pub. L.109 144 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 Pub. L.110 160. United States United States means. a state and the territorial sea and the continental shelf of the United States of America as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representative Q o SQZ February 6 2015 Chubb Commercial Excess And Umbrella Insurance RefR Pagraied Fosparsm Losses last page Form 07 02 1961 Rev. 12 07 Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period MARCH 31 2015 To MARCH 312016 Effective Date March 31 2015 Policy Number 7989 34 08 Insured U STOR MIDSTATES MANAGEMENT INC. To MARCH 31 2016 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of. the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or. any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q QL Authorized Representative th February 6 2015 Refergnae SORY intormation Laws including Unauthorized Or Chubb Commercial Excess And Umbrella Insurance Unsolicited Communications last page Form 07 02 2172 Rev. 1 13 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Limits Of Insurance the provision titled Products Completed Operations A ggregate Limit is deleted. The provision titled Excess Coverage Other Aggregate Limit is deleted and replaced by the following Limits Of Insurance Excess Coverage Other Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we Aggregate Limit will pay for the sum of loss under Excess Follow Form Coverage A except loss. arising out of advertising injury or personal injury or. otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applies. All other terms and conditions remain unchanged. Authorized Representative QD February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance Excess Coverage Other Aggregate Limit last page Form 07 02 2184 Ed. 1 05 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Policy Exclusions the following exclusion is added. Policy Exclusions Construction Or Development Or Maintenance Or Renovation This insurance does not apply to any liability or loss cost or expense arising out of any construction or development or maintenance or renovation. This exclusion applies regardless of A. whether such operations or work are or were performed or completed 1. by you or on your behalf 2. for you 3. by or for others or 4. for sale to others and B. when or where such operations or work are or were performed or completed. With respect to Coverage Excess Follow Form Coverage A this exclusion does not apply to maintenance or renovations operations. Under Policy Definitions the following definitions are added. Policy Definitions Construction Or Development Construction or development means any. addition to any building or other structure. complete or partial construction or demolition or erection of any building or other structure or planning site preparation surveying or other construction or development of real property. Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development continued Form 07 02 2244 Ed. 1 08 Endorsement Page 1 | 2 |
Policy Definitions continued Maintenance Or Maintenance or renovation Renovation A means Maintenance or renovation A means 1. alteration or renovation operations 2. maintenance or repair operations. B. does not include any structural alteration that involves changing the size of or any demolishing or moving of any building or other structure. All other terms and conditions remain unchanged. Authorized Representative L.D L February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development last page Form 07 02 2244 Ed. 1 08 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Policy Exclusions the following exclusion is added. Policy Exclusions Loss Of Use Of Electronic Data This insurance does not apply to any liability or loss cost or expense arising out of any. corruption of. inability to acces. inability to manipulate. loss of or. other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to. bodily injury or. physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Authorized Representative LM Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Loss Of Use Of Electronic Data last page Form 07 02 2500 Ed. 5 12 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Policy Exclusions the following exclusion is added Policy Exclusions Biological Agents This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or as any biological agents. sing the effects of Under Policy Definitions the following definition is added Policy Definitions Biological Agents Biological Agents means any A 1. bacteria 2. mildew mold or other fungi Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents continued Form 07 02 1692 Rev. 7 01 Endorsement Page 1 | 2 |
Policy Definitions Biological Agents 3. other microorganis continued 3 or 4. mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Authorized Representative o S f February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents last page Form 07 02 1692 Rev. 7 01 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Exclusions Umbrella Coverage B Bodily Injury Property Damage Care Control Or Custody Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property REAL AND PERSONAL PROPERTY All other terms and conditions remain unchanged. Authorized Representative o February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Care Control Or Custody last page Form 07 02 0836 Rev. 7 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Employee Or Worker Injury is deleted. Under Policy Exclusions the following exclusion is added Policy Exclusions Employee Or Worker Injury A. This insurance does not apply to any liability or loss cost or expense in connection with any injury or damage sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s busine B. This insurance does not apply to injury or damage sustained by the brother child parent er or spouse of such injured person as in paragraph A. above. a consequence of any injury or damage described This exclusion applies. whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Employee Or Worker Injury continued Form 07 02 0852 Rev. 7 01 Endorsement Page 1 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Employee Leased Worker and Temporary Worker are deleted. Definitions Umbrella Coverage B Employee Leased Worker Temporary Worker Under Policy Definitions the following definitions are added Policy Definitions Employee Employee includes a leased worker. Employee does not include a temporary worker. Leased Worker Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. All other terms and conditions remain unchanged. Authorized Representative o S February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Employee Or Worker Injury last page Form 07 02 0852 Rev. 7 01 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added This insurance does not apply to bodily injury property damage advertising injury injury arising out of an occurrence outside the United States of America its territories This insurance does not apply to bodily injury. property damage. advertising injury or personal injury arising out of an occurrence outside the United States of America its territories or possessions Canada or Puerto Rico. All other terms and conditions remain unchanged. Authorized Representative o S February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liability last page Form 07 02 0861 Rev. 7 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property Laws Or Rights Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted. Under Policy Exclusions the following exclusion is added. Policy Exclusions Intellectual Property Laws Or Rights This insurance does not apply to any liability loss cost or expense arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applies Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 1 | 2 |
Under Definitions Umbrella Coverage B the following definitions are deleted. Definitions Umbrella Coverage B Advertisement Advertising Injury Intellectual Property Law Or Rights Under Policy Definitions the following definitions are added. Policy Definitions Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury other than bodily injury property damage or personal injury. sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Intellectual Property Law Or Right Intellectual property law or right means any. certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information. other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number March 31 2015 7989 34 08 Policy Definitions Intellectual Property Law Or Right continued other judicial or statutory law concerning piracy pa ing off or similar practices. All other terms and conditions remain unchanged. Authorized Representative Q SEM February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights last page Form 07 02 1146 Rev. 5 10 Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 31 2016 MARCH 31 2015 To MARCH 31 March 31 2015 7989 34 08 WUC U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Coverage Excess Follow Form Coverage A the following provision is added Coverage Excess Follow Form Coverage A Limitation To Coverage provided under this insurance only applies to loss arising out of the premises designated Designated Premises below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Coverage provided under this insurance only applies to loss arising out of the premises designated below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Designated Premises 9808 HARRY HINES BLVD DALLAS DALLAS COUNTY TX 75220 3970 BROADWAY BLVD GARLAND DALLAS COUNTY TX 75043 2551 KELLY BLVD CARROLLTON DALLAS COUNTY TX 75006 2101 N IST ST GARLAND DALLAS COUNTY TX 75040 4138 FOREST LN GARLAND DALLAS COUNTY TX 75042 2925 SE 44TH ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73129 5920 N ROCKWELL AVE OKLAHOMA CITY CANADIAN COUNTY OK 73179 300 W EULESS BLVD EULESS TARRANT COUNTY TX 76040 1720 E PIONEER PKWY ARLINGTON TARRANT COUNTY TX 76010 3501 BLOCK DR IRVING DALLAS COUNTY TX 75038 4100 N MERIDIAN AVE OKLAHOMA CITY OKLAHOMA COUNTY OK 73112 10406 LAKE JUNE RD DALLAS DALLAS COUNTY TX 75217 8700 NE 23RD ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73141 4802 E RENO AVE OKLAHOMA CITY OKLAHOMA COUNTY OK 73117 7111 W VICKERY BLVD BENBROOK TARRANT COUNTY TX 76116 3545 N 6TH ST ABILENE TAYLOR COUNTY TX 79603 16241 S US HIGHWAY 71 BELTON CASS COUNTY MO 64012 7139 MANSFIELD RD SHREVEPORT CADDO PARISH LA 71108 4116 S WALTON WALKER BLVD DALLAS DALLAS COUNTY TX 75236 5009 SE 29TH ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73115 10109 LEXINGTON DR AUBREY DENTON COUNTY TX 76227 Refefenees sypollow Form Coverage A Chubb Commercial Excess And Umbrella Insurance Limitation To Designated Premises continued Form 07 02 0870 Rev. 7 01 Endorsement Page 1 | 2 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Limitation To Designated Premises Under Coverages Umbrella Coverage B Bodily Injury and Property Damage Liability Coverage the following provision is added Coverage provided under this insurance only applies to loss arising out of the premises designated below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Coverage provided under this insurance only applies to loss arising out of the premises designated below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Designated Premises Same schedule of locations as appears under coverage A All Other Terms and Conditions Remain Unchanged Authorzod Fepesentaive S W0 February 6 2015 ReQRerageEressChsjy Form Coverage A Chubb Commercial Excess And Umbrella Insurance Limitation To Designatd Premises last page Form 07 02 0870 Rev. 7 01 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Policy Exclusions the following exclusion is added Policy Exclusions Professional Services This insurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim orsuit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Authorized Representative Q o S February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services last page Form 07 02 0864 Rev. 7 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution This insurance does not apply to any liability or loss cost or expense arising out of A. the actual alleged or threatened discharge dispersal seepage migration release or es pollutants. pe of 1. any request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. any claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was intended preventable or sudden. cidental expected gradual All other terms and conditions remain unchanged. Authorized Representative o S f February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution last page Form 07 02 0885 Rev. 7 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312016 MARCH 31 2015 To MARCH 312 March 31 2015 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued February 6 2015 Exclusions Umbrella Coverage B Bodily Injury Property Damage Products Completed Operations Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added This insurance does not apply to bedily injury or property damage arising out of the products completed operations hazard. This insurance does not apply to bedily injury or property damage arising out of the products completed operations hazard. All other terms and conditions remain unchanged. Authorized Representative S 7 February 6 2015 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Products Completed Operations last page Form 07 02 0890 Rev. 7 01 Endorsement Page 1 | 2 |
CHU B B Chubb Commercial Excess And Umbrella Insurance Policy Notice Policy Limitation Asbestos Disclosure Notice THIS DISCLOSURE NOTICE IS NOT YOUR POLICY. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. The policy contains an exclusion relating to asbestos. As stated by the exclusion the policy does not provide any coverage for liability based on attributable to related to or in any manner arising out of asbestos. The State requires that you the Insured sign this Notice as acknowledgement of this specific policy limitation. Signature Name Title Policy Limitation Asbestos Disclosure Notice Form 07 10 0427 Rev. 7 01 Policy Notice Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Premium Bill Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I12022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 Producer LOCKTON COMPANIES GAB THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT TO AGENT OR BROKER IF APPLICABLE Coverage Premium 18979.00 COMMERCIAL UMBRELLA Total 18979.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 188.00 Form 07 10 0542 Ed. 10 06 Premium Bill Page 10of 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula st forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses specified the premium we would charge if any for providing such insurance and except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Rejection of such statutory insurance is legally prohibited. is aworkers compensation policy rejection of insurance for terrorism is legally prohibited. 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. 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. Form 99 10 0732 Rev. 1 15 Important Notice Page 10of 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww.treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Form 99 10 0792 Ed. 9 04 Important Nofice Page 10f 1 | 2 |
cHUBB POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 10of 1 | 2 |
CHUBB IMPORTANT NOTICE TO POLICYHOLDERS ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. PLEASE READ YOUR POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. PLEASE READ THIS NOTICE CAREFULLY THIS POLICY IS EXEMPT FROM THE FILING REQUIREMENTS OF SECTION 2236 OF THE INSURANCE CODE OF 1956 1956 PA 218 MCL500.2236. Form 99 10 0928 Ed. 10 11 Tmportant Notice Michigan Page 10f 1 | 2 |
cHUBB Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Policy Number 7984 14 54 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of INDIANA Named Insured and Mailing Address FRIMO INC 50685 CENTURY CT WIXOM MI 48393 Producer No. 35731C 0018943 Incorporated Producer LOCKTON COMPANIES GAB 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From JANUARY 1 2021 To JANUARY I 2022 1201 A.M. standard time at the Named Insured s mailing address shown above. Premium 18979.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 5000000 Umbrella Coverages Aggregate Limit 5000000 Products Completed Operations Aggregate Limit 5000000 Advertising Injury and Personal Injury Aggregate Limit 5000000 Each Occurrence Limit 5000000 5000000 5000000 5000000 5000000 5000000 Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY A f At 4 bng Secretary President Q B Authorized Representative g Date February 24 2021 Chubb Insured j Chubb. Insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 2267 Ed. 2 09 Declarations Page 10f 1 | 2 |
CHUBB chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance JANUARY 1 2021 7984 14 54 FRIMO INC P Effective Date JANUARY 1 2021 Policy Number 7984 14 54 Insured FRIMO INC Description Limits Employers Liability Insurer ACCIDENT FUND NATIONAL INSURANCE COMPANY Policy No. WCV0395867 Coverage B Employer s Liability Policy Period 09012020 Bodily Injury By Accident to 09012021 1000000 Each Accident Bodily Injury By Disease 1000000 Policy Limit 1000000 Each Employee Limits Commercial General Liability Insurer Policy No. Policy Period to Occurrence FEDERAL INSURANCE COMPANY 3584 11 12 01012021 01012022 1000000 2000000 2000000 1000000 Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable Automobile Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 73529626 Policy Period 01012021 to 01012022 1000000 Each Accident Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 107 2 | 2 |
CHUBB chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance JANUARY 1 2021 7984 14 54 FRIMO INC P Effective Date JANUARY 1 2021 Policy Number 7984 14 54 Insured FRIMO INC Description Employee Benefits Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3584 11 12 Policy Period 01012021 to 01012022 Limits 1000000 Each Claim 1000000 Aggregate Claims Made Retroactive Date 09012004 Non Owned Hired Auto Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 7352 96 26 Policy Period 01012021 to 01012022 1000000 Each Accident Occurrence Authorization All other terms and conditions remain unchanged. Q B Authorized Representative Q February 24 2021 Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 201 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Schedule Of Forms Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I2022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy POLICY LIMITATION ASBESTOS DISCLOSURE NOTICE PREMIUM BILL PREMIUM BILL IMPORTANT NOTICE TO POLICYHOLDERS TRIA 2002 IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE IMPORTANT NOTICE MICHIGAN COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS SCHEDULE OF UNDERLYING INSURANCE CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE MICHIGAN CANCELLATION COMPLIANCE WITH APPLICABLE TRADE SANCTIONS COVERAGE CRISIS ASSISTANCE EXCESS AND UMB COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS AIRCRAFT EXCLUSION POLICY EXCLUSIONS AIRCRAFT PRODUCTS CARE CONTROL OR CUSTODY POLICY EXCLUSION EMPLOYEE OR WORKER INJURY EXCLUSION CLAIMS MADE COV. A EXCESS FOLLOW FORM FOREIGN LIABILITY EXCL. BI PD AI PI COV. B PROFESSIONAL SERVICES EXCL POLICY EXCLUSIONS ALCOHOLIC BEVERAGES LIMITS OF INSURANCE NON ACCUMULATION OF LIM POLLUTION EXCL. EXCESS FOLLOW FORM COV. A COVERAGE LAWS VARIOUS POLICY EXCLUSION PREMIUM INSTALLMENTS CONDITION Chubb Commercial Excess And Umbrella Insurance 07 10 0427 07 10 0542 07 10 05421 99 10 0732 99 10 0792 99 10 0872 99 10 0928 07 02 2267 07 02 0922 07 02 0815 07 02 1194 07 02 1988 07 02 2440 07 02 2483 07 02 0826 07 02 0827 07 02 0837 07 02 0852 07 02 0859 07 02 0861 07 02 0864 07 02 0872 07 02 0879 07 02 0885 07 02 0904 07 02 0950 0701 1006 1006 0115 0904 0607 1011 0209 0701 0701 0602 0204 1210 0312 0701 0317 0701 0701 0701 0701 0701 0114 0701 0701 0701 0701 Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 10f 2 | 2 |
INTELLECTUAL PROPERTY LAWS OR RIGHTS LEAD EXCLUSION RECALL OF PRODUCTS EXCLUSION NAMED INSURED BIOLOGICAL AGENTS EXCL. CAP ON CERTIFIED TERRORISM LOSSES POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN EXCL. ASBESTOS SILICA SIM CMPDS MIXED DUST COV B EXCL FOREIGN AND CANADA LIAB CRISIS ASSISTANCE SERVICE PROVIDERS POLICY EXCL LOSS OF USE OF ELECTRONIC DATA POLICY EXCL UMB ACCES DISCL CONFID PERS INFO POLICY EXCL AIRCRAFT UNMANNED AIRCRAFT POLICY EXCLUSION WAR 07 02 1146 07 02 1153 07 02 1458 07 02 1477 07 02 1692 07 02 1961 07 02 2172 07 02 2194 07 02 2289 07 02 2455 07 02 2500 07 02 2615 07 02 2702 07 02 2741 0510 0701 0701 0701 0701 0115 0113 0405 0110 1210 0512 0317 0116 0317 Chubb Commercial Excess And Umbrella Insurance Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Table Of Contents ravic Ul CUINCTrits Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions Page No. N 33556668mm11N.Z.v Form 07 02 0875 Rev. 7 01 Contract Page 10732 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0875 Rev. 7 01 Contract Page 20f 32 | 2 |
cCHUBB Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the section of this contract. Coverage Excess Follow Form Coverage A Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applics which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage differs from any term or condition contained in the applicable underlying insurance or isnot contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages Umbrella Coverage B Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Property Damage behalf of the insured loss by reason of liability Liability Coverage. imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 307 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Personal Injury Liability Coverage Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 40 32 | 1 |
cCHUBB Investigation Defense And Settlements Chubb Commercial Excess And Umbrella Insurance Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit to which this insurance does not apply or ifany other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. 2. the expenses we incur. the cost of a. bail bonds or b. bonds required to 1 appeal judgment 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. reasonable expenses incurred by the insured at our request to investigation or defense of such claim or suit including actual lo t0 1000 a day because of time off from work. costs taxed against the insured in the suit except any a. attomey fees o litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. prejudgment interest awarded against the insured on that part of a 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. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 50 32 | 1 |
Supplementary Payments continued 6. interest on the full amount of a 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. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess Follow Form Coverage A Umbrella Coverage B With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applics. With respect to Umbrella Coverage B this insurance applies anywhere. Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations Excess Follow Form 9ulify as insureds Coverage A the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured Umbrella Coverage B Sole Proprietorships With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die. persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and. your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 6 o 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies 1f you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholde Other Organizations Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they arc insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons other than your employees or organizations while acting as your real estate managers arc insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence or occurrence that occurs or offense that is committed after the cquipment lease ends. Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or structural alteration new construction or demolition operations performed by or on behalf of them. Lessors Of Premises Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 70 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginnine of the policv period and at the time of loss. such first named insured If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls cither directly or indirectly more than fifty S0 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls cither directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire cither directly or indirectly for any bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 8 0f 32 | 1 |
cCHUBB Limits Of Insurance continued Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance The aggregate limits apply separately to cach consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as cach aggregate limit so applies in each coverage or policy described in the Schedule OF Underlying Insurance. Umbrella Coverages Aggregate Limit Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss included in the products completed operations hazard or arising out of advertising injury or personal injury. Products Completed Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is Operations Aggregate Limit the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Advertising Injury And The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the Personal Injury Aggregate sum of loss for advertising injury and personal injury even if such loss is or otherwise would Limit be covered in whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 9.0 32 | 1 |
When Excess Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Follow Form Coverage A if the applicable underlying limits are Coverage A Applies reduced by payment of judgments sctlements or related costs or expenses if such costs Drop Down or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Exclusions With respect to Excess Follow Form Coverage A the following exclusions apply. Excess Follow Form Coverage A Pollution A. This insurance does not apply to any liability or loss cost or expense arising o actual. alleged or threatened discharge. dispersal seepage. migration release o This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b. ifsustained within a building and caused by the release of gascous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gascous irritants or contaminants from equipment used to heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. 2. ator from any premises site or location a. which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
CcCHUBE Exclusions Excess Follow Form Coverage A Pollution continued Chubb Commercial Excess And Umbrella Insurance b. on which any insured or any contractor or subcontractor working dire indirectly on any insured s behalf is performing operations if the oper are to test for monitor clean up remove contain treat detoxify or b. onwhich any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others 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. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B the following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the Without Crew ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is loaned or rented to you with a paid trained crew and notowned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 11 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. Damage To Impaired This insurance does not apply to property damage to Property Or Property Not Physically Injured impaired property or property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property This insurance does not apply to property damage to any property owned by you or ofany insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act Injury. isintended by the insured or This insurance does not apply to bodily injury or property damage arising out of an act that isintended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of L you 2. any of your dircctors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reportsall or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or that is not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Umbrella Coverage B Coverage the following exclusions apply. Advertising Injury Personal Injury Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that. is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To This insurance does not apply to advertising injury or personal injury arising out of the Representations Or failure of goods products or services to conform with any electronic oral written or other Warranties representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Interet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Prior Offenses Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With This insurance does not apply to advertising injury or personal injury arising out of an Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insu. with knowledoe of its falsitv or This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or. if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of Prices This insurance does not apply to advertising injury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B 4 Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker A. This insurance does not apply to bodily injury property damage advertising injury Injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of A. This insurance does not apply to bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone clse who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual or alleged. assertion or infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applics unless such injury s caused by an offense described in the definition of advertising injury and does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Pollution A. This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work This insurance does not apply to damages claimed for any loss cost or expense incurred by you Or Impaired Property or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work if such product work or property is withdrawn or recalled from the market or from use by any Or Impaired Property person or organization because of a known or suspected defect deficiency inadequacy or continued dangerous condition in it. With respect to all coverages under this contract the following exclusions apply. A This insurance does not apply to any liability o loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 asbestos or 2. claim or proceeding by or on behalf of a governmental authority or others 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 asbestos. Policy Exclusions Asbestos Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage no fault law personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement Income Security Laws This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act ER.LS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3 y coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement breach of any express or implied covenant coercion criticism humiliation prosccution or retaliation defamation or disparagement demotion discipline evaluation or reassignment discrimination harassment or segregation R O T o a. eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 1. other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. nsurance does not apply to any liability or loss cost or expense 1. with respect to which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material 1. if the nuclear material a. isatany nuclear facility owned by or operated by or on behalf of any insured Nuclear Energy Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy b. has been discharged or dispersed therefrom or is contained in nuclear continued fuel or nuclear waste at any time transported handled stored dispose processed treated p ed or used by or on behalf of any insured b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Conditions Appeals With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Audit Of Books And Records Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. Bankruptcy Cancellation The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days or twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The carned premium will be computed on a pro rata basis. Any uncarned premium will be returned as soon as practicable. Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance surance which are in conflict with the applicable statutes of the State in sued are amended to conform to such statutes Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. We have issued this insurance Based upon representations you made to us and inreliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Disclosures And Representations Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any insurers of underlying insurance arc notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 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. Notice of an occurrence or offense is not notice of a claim. 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 2. notify us and any other insurers as soon as practicable and 3. seeto it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. Notice given by or on behalf of 1. the insured Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of 2. the injured person or gfc. iy tOffeS 3. any other claimant laim Or Suit continued to a licensed agent of ours with particulars sufficient to identify the insured shall b deemed notice to us. 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. Failure of an agent or employee of the insured other than an officer whether or not an employece of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. If a claim or loss does not reasonably appear to involve cither this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may make inspections and surveys at any time give you reports on the conditions we find and recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Joint Duties In Non Admitted Jurisdictions With respect to an occurrence offense claim or suit to which this insurance applics that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. youand any other insured must Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions 2. obtain our approval for any payment and continued 3. effect approved payments to others in accordance with the terms and conditions of 1. make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. C. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applies. D. we will make those reimbursements 1. inajurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us No person or organization has a right under this insurance to joinusas a party or otherwise bring us into a suit secking damages from an insured or sucus on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue s to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial ina civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Maintenance Of Underlying We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see to it that Insurance And Underlying Limits underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule OF Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits arc and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs o expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Failure to comply with this condition will not invalidate this insurance. But in the case of any Insurance And Underlying such failure our obligation or liability will not exceed that which would have applied absent Limits any failure to comply with this condition. continued You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. Other Insurance If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and ofall deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies. as if each named insured were the only named insured and scparately to cach insured against whom claim is made or suit is brought. Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Duties Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived 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. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Rights Of Recovery Against Others continued Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. When We Do Not Renew 1f we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 24 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Advertisement WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily Injury Bodily injury means physical injury sickness or disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to oceur at the time of the physical injury sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or you have failed to fulfill the terms or conditions 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 or conditions of the contract or agreement. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT zfuel Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured Contract Insured contract means an oral or written contract or agreement pertaining to your business. in which vou me the tort liability of another person or organization to pay damage Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applics sustained by a third person or organization provided the injury or damage occurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Property Law Or Right Intellectual property law or right means any cortification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprictary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Leased Worker Loading Or Unloading Loading or unloading A. means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. does not include the movement of property by means of a mechanical device other than ahand truck that is not attached to the aircraft auto or watercraft. Occurrence Oceurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 26 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT zg uee Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal Injury Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosccution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupics if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy E. discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you and arising out of your product or your work except 1. 2. products that are still in your physical possession or work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a 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. does not include bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured the existence of tools uninstalled equipment or abandoned or unused materials or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property Damage Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to oceur at the time of the physical injury that caused it or loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your Product Your product A means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a you b. others trading under your name or. aperson or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your work A means any 1. work or operations performed by a. youoron your behalf or b. aperson or organization whose assets or business you have acquired and Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT Umbrella Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials continued operation arts or equipment furnished in connection with such work or B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Agreed Settlement Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss Loss means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are notlicensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of 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 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Facility Nuclear Hazardous Properties Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear Material Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property damage includes all forms of radioactive contamination of property. ion in a self tain nuclear fi nable material. Nuclear Reactor Nuclear reactor means any apparatus designed or used to supporting chain reaction or to contain a critical mass of fi Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Nuclear Spent Fuel Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 30 of 32 | 1 |
CcCHUBE Policy Definitions continued Nuclear Waste Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material. containing nuclear material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A or B. of the definition of nuclear facility. Nuclear Waste Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of loss. Other insurance docs not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants Pollutants means any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance con amount 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardiess of the reason available under any applicable antecedent renewal or replacement of underlying insurance of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. If amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 32 of 32 | 1 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I2022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 Under Supplementary Payments item A.S is deleted and replaced by the following Supplementary Payments Michigan Mandatory 5. Pre judgement interest awarded against the insured on that part of the judgement we pay. Supplementary Payments Under Conditions the condition titled Cancellation is deleted and replaced by the following Conditions Cancellation The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us or our authorized agent advance notice of cancellation. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the cffective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us or our authorized agent. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is canceled we will send the first named insured any pro rata premium refund due. The minimum carned premium shall not be less than the pro rata premium for the expired time or 25.00 whichever is greater. The cancellation will be cffective even if we have not made or offered a refund. Chubb Commercial Excess And Umbrella Insurance Conditions Michigan Cancellation Form 07 02 1194 Rev. 6 02 Endorsement Page 107 2 | 2 |
Conditions Cancellation 6. If notice is mailed proof of mailing will be sufficient proof of notice. continued 6. If notice is mailed proof of mailing will be sufficient proof of notice. Under Conditions the condition titled Other Insurance is deleted and replaced by the following Conditions Other Insurance If other insurance applies to claims covered by this policy the insurance under this policy is excess and we will not make any payments until the other insurance has been exhausted by payment of claims. This insurance is not subject to the terms or conditions of any other insurance. However if any of such other insurance is an umbrella liability insurance policy which provides coverage on the same basis and at the same layer as this policy and that umbrella policy provides that it is excess of this policy by the following method Method of Sharing If all such other umbrella policies permit contributes equal shares we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of such other umbrella polices does not permit contributions by equal shares we will contribute by limits. Under this method ach insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Q Authorized Representative LO February 24 2021 Chubb Commercial Excess And Umbrella Insurance Conditions Michigan Cancellation Form 07 02 1194 Rev. 6 02 Endorsement Page 201 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I2022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 Under Conditions the following condition is added to the policy Conditions Compliance With Applicable Trade Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. Q B Authorized Representative g February 24 2021 Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions Form 07 02 1988 Rev. 2 04 Endorsement Page 10of 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I2022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 SCHEDULE A Limits Of Insurance isis Assistance For Excess And Umbrella Aggregate Limit The lesser of. 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. Coverage Crisis Assistance For Excess And Umbrella istance For Excess And Umbrella is added to this contract. A section titled Coverage Crisis A Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured crisis assistance expenses up to the amount of the Crisis ance For Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of thi insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement. A crisis event will be deemed to end one hundred and cighty 180 days after the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance. Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 10f 3 | 2 |
Limits Of Insurance Crisis Assistance For Excess And Umbrella Aggregate Limit Under Limits Of Insurance the following provision is added. The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. Conditions Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event 5 B. one of the crisis assistance service providers is notified by telephone and we are notified. To the extent possible notice should include 1. how when and where the crisis event took place 2. the names and addresses of any injured persons and witnesses 3. the nature and location of any injury or damage arising out of the crisis event and 4. the reason why the event is likely to involve injury or damage covered by this policy and involve significant adverse regional or national media coverage. Other Crisis Assistance If you have other insurance that provides coverage for cri sistance also covered by this Insurance insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Expenses Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and dircctly attributable to that cri event expenses to secure the scene of a crisis event fees charged by a crisis assistance service provider shown in Schedule B for professional service or advice funeral or related service expenses psychological or grief counseling expenses temporary living expenses Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 2 of 3 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number JANUARY 12021 7984 14 54 Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A. shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsement to this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A. damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 2. retained limits andor 3. other insurance and B. significant adverse regional or national media coverage. Schedule B Cri Assistance Service Providers Please see listing of Crisis Assistance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q Authorized Representative g February 24 2021 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 3 0f 3 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured JANUARY 12021 JANUARY 12021 7984 14 54 FRIMO INC To JANUARY I2022 Name of Company FEDERAL INSURANCE COMPANY Date Issued February 24 2021 Under Conditions the following condition is added. Conditions Civil Unions Or Domestic All references in the policy to spouse include a party to a civil union or domestic partnership Partnerships recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged. Q Authorized Representative A February 24 2021 Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships Form 07 02 2483 Ed. 3 12 Endorsement Page 1of 1 | 2 |
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