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Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALIENATED PREMISES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph b. of Exclusion 6. Damage to Property of SECTION V EXCLUSIONS is deleted and replaced by the following b. Premises you sell give away or abandon if the property damage arises out of any part of those premises and results from one or more hazards that were known by you or should have reasonably been known by you at the time the property was sold given away or abandoned. LCU 04300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ENDORSEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to any liability excluded from underlying insurance by the endorsements listed in the Schedule of this endorsement even if such endorsement is removed or revised on or after the effective date of the underlying insurance. Schedule Endorsement Name Non Cumulation of Liability Same Occurrence Endorsement Number LC 251308 08 Insurer Liberty Mutual Fire Insurance Company Policy Type General Liability Policy Number TB2 681 041343 361 Policy Period 01012021 01012022 Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period LCU 21480118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED AGGREGATE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to Paragraph 23. of SECTION VIl DEFINITIONS The retained limit will be reduced only by payment of judgments or settlements caused by an occurrence arising out of your business during the policy period. LCU25130118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR POLLUTION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to SECTION V EXCLUSIONS Exclusion 19.a. does not apply to bodily injury or property damage arising out of pesticide or herbicide application to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 26130118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Description of Premises and Operations All locations owned or operated by you where your products are sold for consumption on or off your premises With respect to bodily injury or property damage arising out of your products manufactured sold handled or distributed 1. On from or in connection with the use of any of your premises described in the Schedule of this endorsement or 2. In connection with the conduct of any of your operations described in the Schedule of this endorsement when conducted by you or on your behalf Paragraph a. of the definition of products completed operations hazard in SECTION VIl DEFINITIONS is deleted and replaced by the following 21. Products completed operations hazard a. Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. LCU 29090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 1. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS When we have a duty to defend we will defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. B. The following is added to Paragraph 13. of SECTION V EXCLUSIONS This exclusion does not apply to bodily injury arising out of discrimination based solely on disparate impact or vicarious liability. C. Only with respect to liability arising out of the ownership maintenance or use of covered autos the following are added to Paragraph 4. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS g. All expenses incurred by an insured for first aid to others at the time of an occurrence. h. The cost of appeal bonds. D. SECTION VI CONDITIONS is revised as follows 1. The following is added to Paragraph 6. Duties in the Event of Occurrence Claim or Suit Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. 2. Paragraph 8. is deleted and replaced by the following 8. Legal Action Against Us a. Exceptas provided in Paragraph b. below no person or organization has the right under this policy 1 Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to all claims other than property damage claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. LCU 32040118 2017 Liberty Mutual Insurance Page 10f 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. 3. Paragraph 2.c. under Audit and Premium is deleted and replaced by the following c. Ifarate is shown on Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500. If the sum of the Advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. 4. Except as provided in Paragraph 3. above Paragraph 2.e. continues to apply. 5. The following is added to 12. Representations We do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which coverage is sought under this policy. However with respect to liability arising out of the ownership maintenance or use of covered autos we will provide coverage to such insured for damages sustained by any person who has not made fraudulent statements or engaged in fraudulent conduct if such damages are otherwise covered under the policy. 6. The following is added to 6. Duties in the Event of Occurrence Claim or Suit Failure to give notice to us as required under this policy shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. 7. Paragraph 3. is deleted and replaced by the following 3. Bankruptcy or Insolvency Your your estate or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. E. SECTION VII DEFINITIONS is revised as follows Definition 14. Loading or unloading does not apply. F. The following provision is added Itis hereby understood and agreed that notwithstanding anything in this policy to the contrary with respect to such insurance as is afforded by this policy the terms of this policy as respects coverage for operations in the LCU 32040118 2017 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
State of New York must conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Department of Financial Services provided however that the company s limits of insurance as stated in this policy are excess of the limits of any underlying insurance or in any attached endorsement. LCU 32040118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following condition is added to SECTION VI CONDITIONS Transfer of Duties When a Limit of Insurance is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit 2 Products Completed Operations Aggregate Limit or 3 Each Occurrence Limit is likely to be used up in the payment of judgments or settlements or supplementary payments if applicable we will notify the first named insured in writing to that effect. b. When a limit of insurance described in Paragraph a. above has actually been used up in the payment of judgments or settlements or supplementary payments if applicable 1 We will notify the first named insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 If we have a duty to defend we will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. 3 The first named insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. c. The first named insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph b.2 above. LCU 32050118 2017 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
The duty of the first named insured to reimburse us will begin on 1 The date on which the applicable limit of insurance is used up if we sent notice in accordance with Paragraph a. above or 2 The date on which we sent notice in accordance with Paragraph b.1 above if we did not send notice in accordance with Paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements or supplementary payments if applicable and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this condition. LCU 32050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU 32320118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES FUNGI OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 15. of SECTION V EXCLUSIONS is deleted. B. Paragraph 9. of SECTION VII DEFINITIONS is deleted. However this amendment only applies to any liability caused by an occurrence arising out of fungi or bacteria that takes place in the state of New York. LCU 321300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON EMPLOYMENT DISCRIMINATION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Non Employment Discrimination Any liability arising out of discrimination on the basis of race creed national or ethnic origin age gender sexual orientation marital status religion physical capabilities characteristics or condition or mental capabilities or condition. However this exclusion does not apply to the extent underlying insurance provides such coverage for claims or suits that allege damages arising from discrimination based solely on disparate impact or vicarious liability. Coverage under this policy will be no broader than that provided by underlying insurance. Notwithstanding the above regardless of the terms of the underlying insurance this insurance does not apply to 1. Discrimination that is a. Intentionally committed by the insured b. Committed by at the direction of or with the knowledge or consent of any insured or c. Prohibited to be insured by applicable law or public policy. 2. Liability for the cost of making accommodations required by the Americans with Disabilities Act of 1990 or any amendment thereto or any similar federal state or local law including but not limited to any facility alterations or the acquisition or modification of equipment or devices and 3. Liability arising from employment related practices as set out in Exclusion 13. of this policy. LCU 321310518 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Organizations Per schedule on file with the broker Number of Days Notice Per schedule on file with the broker nan nan nan nan 30.0 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 15. of SECTION V EXCLUSIONS does not apply to a. Bodily injury or personal and advertising injury that is covered by underlying insurance or b. Property damage that is covered by underlying insurance to your work that arises out of it or any part of it and is included in the products completed operations hazard if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Coverage under this policy will be no broader than that provided by underlying insurance. LMU 04 3205 18 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Kentucky Notice to Policyholders This policy includes a surcharge that has been added to your insurance premium as required by Kentucky Revised Statutes 136.392. Currently Section 136.3921a of KRS imposes a surcharge of 1.50 per 100 of premium for insurance coverage provided to policyholders with exposures in Kentucky. Effective April 1 2010 this surcharge amount is increased from 1.50 to 1.80 per 100 of premium. The funds collected from the surcharge will provide sufficient funds for the uses and purposes of the Firefighters Foundation Program fund and the Law Enforcement Foundation Program fund. Insurance companies have been directed to collect this surcharge from their policyholders. We will collect the surcharge at the same time that we bill and collect your premium. The amount will be identified on your policy as Kentucky Surcharge. 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 EN 90 09 01 10 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. For you. For example you provide us with data example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04 010120 2019 Liberty Mutual Insurance Page 1 of 6 | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your propert other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose Data Categories Market sell and provide insurance. This includes Identifiers for example Personal Information calculating your premium Protected Classification Characteristics determining your eligibility for a quote Commercial Information confirming your identity and service your Internet or other similar network activity policy Professional or employment related information Inferences drawn from other personal information Risk data Claims data Manage your claim. This includes for example dentifiers managing your claim if any Personal Information conducting claims investigations Protected Classification Characteristics conducting medical examinations Commercial Information conducting inspections appraisals Internet or other similar network activity providing roadside assistance Professional or employment related information providing rental car replacement or repairs Inferences drawn from other personal information Risk data Claims data Day to Day Business and Insurance Operations. dentifiers This includes for example Personal Information creating maintaining customizing and Protected Classification Characteristics securing accounts Commercial Information supporting day to day business and Internet or other similar network activity insurance related functions Professional or employment related information doing internal research for technology Inferences drawn from other personal information development Risk data marketing and creating products and Claims data services conducting audits related to a current contact with a consumer and other transactions SNI104 010120 2019 Liberty Mutual Insurance Page 2 of 6 Characteristics network activity calculating your premium determining your eligibility for a quote confirming your identity and service your policy Characteristics network activity Characteristics network activity Claims data | 2 |
as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for dentifiers example Personal Information detecting security issues Protected Classification Characteristics protecting against fraud or illegal activity and Commercial Information to comply with regulatory and law Internet or other similar network activity enforcement authorities Professional or employment related information managing risk and securing our systems Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement or repairs Claims data help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example Personal Information controls and access rights management Protected Classification Characteristics to evaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or Internet or other similar network activity other sale or transfer of some or all of Professional or employment related information Liberty s assets whether as a going concern Inferences drawn from other personal information or as part of bankruptcy liquidation or similar Risk data proceeding in which personal data held by Claims data Liberty is among the assets transferred exercising and defending our legal rights and positions to meet Liberty contract obligations torespond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Improve Your Customer Experience and Our dentifiers Products. This includes for example Personal Information improve your customer experience our Commercial Information products and service Internet or other similar network activity to provide support personalize and develop Professional or employment related information our website products and services Inferences drawn from other personal information create and offer new products and services Risk data Claims data Analytics to identify understand and manage our Identifiers risks and products. This includes for example Personal Information conducting analytics to better identify Protected Classification Characteristics understand and manage risk and our Commercial Information products Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Customer service and technical support. This dentifiers includes for example Personal Information answer questions and provide notifications Commercial Information provide customer and technical support Internet or other similar network activity Professional or employment related information SNI104 010120 2019 Liberty Mutual Insurance Page 3 of 6 Characteristics network activity Claims data Characteristics network activity Claims data network activity Characteristics network activity. conducing analytics to better idenif understand and manage risk and our products network activity | 2 |
Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates e Service Providers Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Insurers re insurers policy holders and claimants and e As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data was is collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and the categories of personal data about you that we disclosed for a business purpose. Personal Data Commercial Information Claims Data Risk Data SNI104 010120 2019 Liberty Mutual Insurance Page 4 of 6 | 2 |
You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. If more time is needed Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs or their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your rights will not cause Liberty Mutual to Deny you goods or services Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties Provide you a different level or quality of goods or services or e Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. SNI104 010120 2019 Liberty Mutual Insurance Page 5 of 6 | 2 |
Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 SNI104 010120 2019 Liberty Mutual Insurance Page 6 of 6 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. 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. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE SECRETARY LIL9007 1013 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 | 2 |
FORMS SCHEDULE Named Insured BRIDGER LLC. Effective Date 06012015 Title OCCURRENCE UMBRELLA DEC SCHEDULE OF UNDERLYING INS. OCCURRENCE UMBRELLA TEXT ECONOMIC SANCTIONS ENDORSEMENT DELETION OF SPEC OFAC LANGUAGE CRISIS RESPONSE COVERAGE ENDT ADVICE OF CANCEL OTHER THAN FAILURE TO SUPPLY EXCLUSION MTBE FUEL OXYGENATES EXCL SPECIFIED SERVICES EXCLUSION UNIMPAIRED LIMITS SCHED U L SCHEDULE OF NAMED INSUREDS POLL UMB TOTAL PROF LIABILITY EXCLUSION INDIANA AMENDATORY ENDORSEMENT TERRORISM RET LIMIT CMUMB12 Policy No 021375513 Form Number Edition Date LX9798 1005 LX8009 1206 LX9799 1005 LXk227 0813 LX4228 0813 LX8703 0511 LX8959 0513 LX8955 0413 LX9515 0802 LX9461 0501 LX8885 0712 LX8034 0107 LX4262 1013 LX8880 0712 LX4268 1013 LX9581 0105 Endorsement Number DOCO18Ed.1287 LX0295 | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
LEXINGTON INSURANCE COMPANY Administrative Offices 99 High Street Boston Massachusetts 02110 hereinafter called the Company COMMERCIAL UMBRELLA LIABILITY DECLARATIONS OCCURRENCE FORM Policy Number 021375513 Item 1. Named Insured BRIDGER LLC. Address 2009 CHENAULT DRIVE SUITE 100 CARROLLTON TX 75006 Renewal of 021375513 The Named Insured is Individual Partnership Joint Venture X Limited Liability Company Organization other than a Partnership or Joint Venture Trust The Business of the Named Insured is 0i1 Industry Trucking Services Item 2. Policy Period From 06012015 To 06012016 1201 A M. standard time at the address of the Named Insured as stated herein. Item 3. Limits of Insurance Each Occurrence Limit 9000000 General Aggregate Limit 9000000 Products Completed Operations Aggregate Limit 9000000 Item 4. Self Insured Retention 25000 Item 5. Premium Rating Basis Estimated Exposure Rate Estimated Premium NONE 137360 Total Advance Premium Annual Minimum Premium Minimum Earned Premium at Inception 137360 137360 48076 Item 6. Schedule of Underlying Insurance See Attached Schedule of Underlying Insurance Estimated Exposure Rate The policy is comprised of this Declarations page the policy form and the schedules and endorsements if any attached at inception or during the Policy Period. 77Mwmv7 s i 44 Authorized Representative OR Countersignature In states where applicable 0C UMBR LX9798 1005 | 2 |
TEXAS NOTICE Surplus Lines IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 You may write the Texas Department of Insurance P. O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov Puede escribir al Departamento de Seguros de Texas P. O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov. DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o aun reclamo debe comunicarse con el agente primero. Sino se resuelve la disputa puede entonces comunicarse con el departamento TDI. PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informaciony no se convierte en parte o condicion del documento adjunto. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. 56668 313 | 2 |
SCHEDULE OF UNDERLYING INSURANCE Forms a part of Policy No.021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY Employers Liability Company American Home Assurance Company Policy Number WC 019 17 7730 Policy Period From 081514 To 081515 Minimum Applicable Limits Bodily Injury by accident 1000000 Each Accident Bodily Injury by disease 1000000 Each Employee Bodily Injury by disease 1000000 Policy Limit Commercial Auto Liability Occurrence X Claims Made Company National Union Fire Insurance Company Policy Number CA 3632450 Policy Period From 060115 To060116 Minimum Applicable Limits Each Occurrence 1000000 csL Commercial General Liability XOccurrence Claims Made Company Lexington Insurance Company Policy Number 034205243 Policy Period From 060115 To060116 Minimum Applicable Limits Each Occurrence 1000000 Personal and Advertising Injury 1000000 General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Self Insured Retention if applicable 100000 Per Claim Per ClaimantX Per Occurrence Defense Expenses Retention X Inside Pro Rata Outside njury LX8009 1206 Page 1 of 1 | 2 |
LEXINGTON INSURANCE COMPANY Administrative Offices 99 High Street Boston Massachusetts 02110 Commercial Umbrella Liability Policy Occurrence Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under this policy. The words we us and our refer to the company providing this insurance. Words that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION I INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY A We will pay on behalf of the Insured those sums in excess of the Retained Amount that the Insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. The amount we will pay is limited as described in SECTION IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS. This policy applies only if 1. The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory and 2. The bodily injury or property damage occurs during the policy period 3. The personal and advertising injury is caused by offense arising out of your business but only if the offense was committed in the coverage territory during the policy period and 4. Prior to the policy period no Insured shown in Paragraph J.2.a. of SECTION V DEFINITIONS and no officer no manager in your risk management insurance or legal department and no employee who was authorized by you to give or receive notice of an occurrence offense claim or suit knew that the bodily injury or property damage had occurred in whole or in part or that an occurrence had been committed that caused personal and advertising injury. If such an Insured officer manager or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred or that an occurrence had been committed that caused personal and advertising injury then any continuation change or resumption of such bodily injury property damage or personal and advertising injury during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or personal and advertising injury which occurs during the policy period and was not prior to the policy period known to have occurred by any Insured shown in Paragraph J.2.a. of SECTION V DEFINITIONS or any officer any manager in your risk management insurance or legal department or any employee authorized by you to give or receive notice of an occurrence offense claim or suit includes any continuation change or resumption of that bodily injury property damage or personal and advertising injury after the end of the policy period. Bodily injury property damage or personal and advertising injury will be deemed to have been known to have occurred at the earliest time when any Insured shown under Paragraph J.2.a. of SECTION V. DEFINITIONS any officer any manager in your risk management insurance or legal department or any employee who was authorized by you to give or receive notice of an occurrence offense claim or suit 1. Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury property damage or personal and advertising injury or 0C UMBR LX9799 1005 Page 10f 24 | 0 |
3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur or that an occurrence or offense has been committed that has caused or may cause personal and advertising injury. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. If we are prevented by law or statute from paying damages covered by this policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Amount. SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS A 0C UMBR We will have the right and duty to defend any suit against the Insured that seeks damages for bodily injury property damage or personal and advertising injury to which this insurance applies even if the suit is groundless false or fraudulent when 1. The total applicable limits of scheduled underlying insurance and any applicable other insurance have been exhausted by payment of damages to which this policy applies or 2. Subject to Paragraph B. of this Section Il the damages sought because of bodily injury property damage or personal and advertising injury would not be covered by scheduled underlying insurance or any applicable other insurance even if the total applicable limits of either the scheduled underlying insurance or any applicable other insurance had not been exhausted by the payment of damages. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. We will have no duty to defend the Insured against any suit seeking damages for bodily injury property damage or personal and advertising injury to which this insurance does not apply including but not limited to Paragraph W. of SECTION IIl EXCLUSIONS.. When we assume the defense of any suit against the Insured that seeks damages to which this insurance applies we will subject to the limits of insurance Investigate negotiate and settle the suit as we deem appropriate and 2. Pay the following Supplementary Payments to the extent that such payments are not covered by scheduled underlying insurance or any applicable other insurance All expenses we incur Premiums on bonds to release attachments for amounts not exceeding the applicable limits of insurance of this policy but we are not obligated to apply for or furnish any such bond. Premiums on appeal bonds required by law to appeal a judgement in a suit for amounts not exceeding the applicable limits of insurance of this policy but we are not obligated to apply for or furnish any such bond d. All court costs taxed against the Insured in the suit e. Pre judgment interest awarded against the Insured on that part of the judgment within the applicable limits of insurance of this policy we pay. If we make an offer to pay the applicable limit of insurance we will not pay any pre judgment interest accruing after we make such offer f. Post judgment interest that accrues after entry of judgment on that part of the judgement within the applicable limits of insurance of this policy we pay and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable limits of insurance of this policy and g. The Insured s expenses incurred at our request or with our consent. Except as provided in Paragraph A above we will have no duty to defend any suit against the Insured. We will however have the right but not the duty to participate in the defense of any suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. LX9799 1005 Page 2 of 24 Page 2 of 24 | 1 |
We will not defend any suit or pay any attorney fees or litigation expenses including without limitation the expenses described in Paragraph C.2. above that accrue after the applicable limits of insurance of this policy have been exhausted by the payment of damages and we will have the right to withdraw from the further defense of such suit by tendering control of said defense to the Insured. SECTION IIl EXCLUSIONS This insurance does not apply to A. Expected or Intended Injury 0C UMBR Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages That the Insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of bodily injury or property damage and included within the limits of insurance provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.. Liquor Liability Bodily injury or property damage for which any Insured may be held liable by reason of Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. However this exclusion will not apply if coverage is provided for such bodily injury or property damage by scheduled underlying insurance. Coverage under this policy for such bodily injury or property damage will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by scheduled underlying Insurance. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. E.R.IS.A. Any obligation of the Insured under the Employee Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law or regulation. LX9799 1005 Page 3 of 24 | 1 |
0C UMBR Auto Coverages 1. Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2. Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Employer s Liability 1. Bodily injury to an employee of the Insured arising out of and in the course of a. Employment by the Insured or b. Performing duties related to the conduct of the Insured s business or 2. Any claim or suit brought by the spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1. Whether the Insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to worker s compensation benefits. For the purpose of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connections with a residence premises. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. Coverage under this policy for such bodily injury or property damage will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by scheduled underlying insurance. Employment Related Practices Any claim or suit alleging or asserting in any respect loss injury or damage including consequential bodily injury in connection with wrongful termination andor discrimination andor sexual harassment. The following definitions apply to this exclusion Wrongful termination means termination of an employment relationship in a manner which is against the law and wrongful or in breach of an implied agreement to continue employment. Discrimination means termination of an employment relationship or a demotion or a failure or refusal to hire or promote an individual because of race color religion age sex disability pregnancy natural origin sexual orientation or other protected category or characteristic established pursuant to any applicable federal state or local law regulation or ordinance. Sexual harassment means unwelcome sexual advances andor requests for sexual favors andor other verbal or physical conduct of a sexual nature that 1 are made a condition of employment andor 2 are used as a basis for employment decisions andor 3 create a work environment that interferes with performance. Pollution This insurance does not apply to 1. Any bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time LX9799 1005 Page 4 of 24 | 1 |
2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 3. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However Paragraph 1 of this exclusion will not apply if coverage for such bodily injury or property damage as is described in paragraphs 1 through 6 below is provided by scheduled underlying insurance 1. Products Completed Operations Hazard Paragraph 1 of this exclusion does not apply with respect to bodily injury or property damage included within the products completed operations hazard provided that your product or your work has not at any time been a. Discarded dumped abandoned thrown away or b. Transported handled stored treated disposed of or processed as waste by anyone. 2. Hostile Fire Paragraph 1 of this exclusion does not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 3. Equipment to Heat the Building and Contractor Lessee Operations Paragraph 1 of this exclusion does not apply to a. Bodily injury sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat the building or b. Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than the additional Insured. 4. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1 of this exclusion does not apply to a. Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor or b. Bodily Injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. 5. Fuels Lubricants Fluids etc. Auto Paragraph 1 of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by scheduled underlying insurance or its parts if 0C UMBR LX9799 1005 Page 5 of 24 | 1 |
a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs 6b and 6c of the definition of mobile equipment. 6. Upset Overturn or Damage of an Auto 0C UMBR Paragraph 1 of this exclusion does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by scheduled underlying insurance and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Coverage under this policy for such bodily injury or property damage as is described in subparagraphs 1 through 6 above will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by scheduled underlying insurance. Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. This exclusion does not apply to the use or threaten use of terrorism. As used in this exclusion terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in any connection with any organization government power authority or military force when the effect is to intimidate coerce or harm LX9799 1005 Page 6 of 24 | 1 |
0C UMBR 1. A government 2. The civilian population of a country state or community or 3. To disrupt the economy of a country state or community. So long as the Terrorism Risk Insurance Act of 2002 the Act is in effect terrorism includes an act of terrorism as defined by Section 102. Definitions of the Act and any revisions or amendments thereto. Damage to Property Property damage to 1. Property a. You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b. Owned or transported by the Insured and arising out of the ownership maintenance or use of a covered auto 2. Premises you sell give away or abandon if the property damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the Insured 5. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange Agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product arising out of it or any part of it.. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. LX9799 1005 Page 7 of 24 Page 7 of 24 | 1 |
P. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Q. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. R. Fungus Mold Bodily injury or property damage or any other loss cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by 1. Any fungusi moldss mildew or yeast or 2. Any spores or toxins created or produced by or emanating from such fungusi molds mildew or yeast or 3. Any substance vapor gas or other emission or organic or inorganic body substance produced by or arising out of any fungusi molds mildew or yeast or 4. Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi molds mildew yeast or spores or toxins emanating therefrom regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that bodily injury or property damage loss cost or expense. For the purpose of this exclusion the following definitions are added to the policy Fungusi includes but is not limited to any of the plants or organisms belonging to the major group fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter of on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any fungusi molds mildew plants organisms or microorganisms. S. Lead 1. Bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the manufacture distribution sale resale rebranding installation repair removal encapsulation abatement replacement or handling of exposure to ingestion of or testing for lead whether or not the lead is or was at any time airborne as a particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever 2. The costs of clean up or removal of lead or products and materials containing lead 0C UMBR LX9799 1005 Page 8 of 24 | 1 |
5. The costs of such actions as may be necessary to monitor assess and evaluate the release or threat of same or lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action as may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result or The cost of compliance with any law or regulation regarding lead. T. Asbestos 1. Bodily injury in any way arising out of the use by any person or organization of or exposure to asbestos asbestos products asbestos fibers or asbestos dust Property damage to real property arising out of the use by any person or organization of asbestos asbestos products asbestos fibers asbestos dust including without limitation the costs incurred with respect to the removal or abatement of asbestos asbestos products asbestos fibers or asbestos dust from or in such real property Any obligation of the Insured to indemnify any party because of damages arising out of such property damage bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury at any time as a result of the manufacture of mining of use of sale of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or Any obligation to defend any claim or suit against the Insured alleging bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury or property damage resulting from or contributed to by any and all manufacture of mining of use of sale of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. U. Nuclear 1. Bodily injury or property damage a. With respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association or Canada or any such policy but for its termination upon exhaustion of its limit of liability or b. Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof of i the Insured is or had this policy not been issued would be entitled to indemnify from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency there of with any person or organization. Bodily injury or property damage resulting from the hazardous properties of nuclear material if a. The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an Insured or ii has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at anytime possessed handled used processed stored transported or disposed of by or on behalf of the Insured or c. The bodily injury or property damage arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. Bodily injury or property damage resulting from the intentional or unintentional detonation of any nuclear bomb or nuclear device. 0C UMBR LX9799 1005 Page 9 of 24 | 1 |
4. As used in this exclusion the following definitions apply a. Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in Atomic Energy Act of 1954 or in any law amendatory thereof d. Spent fuel means any fuel element of fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor e. Waste means any waste material l containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium form any ore processed primarily for its source material content and ii resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility f. Nuclear facility means i Any nuclear reactor ii Any equipment or device designed or used for a separating the isotopes or uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more that 250 grams of uranium 235 iv Any structure basin excavation premises or place prepared or used for the storage or disposal or 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. V. Securities and Financial Interest Any liability arising out of 1. 2. Any violation of any securities law or similar law or any regulation promulgated thereunder The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representation made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. W. Coverage excluded or sublimited by the Scheduled Underlying Insurance Bodily injury property damage or personal and advertising injury which 1. 2. X 1. OC UMBR LX9799 1005 Is not covered by the scheduled underlying insurance by reason of an exclusion contained in or at any time added to such scheduled underlying insurance or Is in any way subject to a sublimit which is less than the limits of insurance of such scheduled underlying insurance. ca Bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury andor any other type of injury loss cost damage or expense sustained by any person for the real or alleged emergence contraction aggravation or exacerbation of any form of silicosis or any other disease of the human body caused by arising out of or resulting from the manufacture mining use sale removal or distribution by Page 10 of 24 | 1 |
any person or organization of silica silica products silica fibers or silica dust or the exposure to silica silica products silica fibers or silica dust or Any obligation of the insured to defend andor indemnify any party because of damages arising out of such bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury at any time caused by arising out of or resulting from the manufacture of mining of use of sale of removal of distribution of or exposure to silica silica products silica fibers or silica dust. Y. Violation Of Statutes In Connection With Sending Transmitting Or Communicating Any Material Or Information Any claim or suit alleging or asserting that any act or omission violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. Z. Other Personal and Adve g Injury Personal and advertising injury 1. 10. 11. Caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Arising out of oral or written publication of material if done by or at the direction of the Insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Arising out of a criminal act committed by or at the direction of the Insured. For which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to a. Liability for damages that the Insured would have in the absence of the contract or agreement or b. Liability for false arrest detention or imprisonment assumed in a contract or agreement. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Arising out of the wrong description of the price of goods products or services stated in your advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Committed by an Insured whose business is a. Advertising broadcasting publishing or telecasting b. Designing or determining content of websites for others or c. Aninternet search access content or service provider. However this exclusion does not apply to Paragraphs 1 2 and 3 of the definition of personal and advertising injury in SECTION V DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. 0C UMBR LX9799 1005 Page 11 of 24 | 1 |
12. Arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. SECTION IV LIMITS OF INSURANCE A. The limits of insurance shown in Item 3 of the Declarations and the rules below state the most we will pay for all Damages under this policy regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. B. The General Aggregate Limit is the most we will pay for all damages under this policy except for 1. Damages included within the products completed operations hazard and 2. Damages because of bodily injury or property damage to which this policy applies caused by an occurrence and resulting from the ownership maintenance or use of a covered auto. C. The Products Completed Operations Aggregate Limit is the most we will pay for all damages included in the products completed operations hazard. D. Subject to Paragraphs B and C above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages arising out of any one occurrence or offense. E. Subject to Paragraphs B and C above whichever applies the most we will pay for damages under this policy on behalf of any person or organization to whom you are obligated by a written insured contract to provide insurance such as is afforded by this policy is the lesser of the limits of insurance shown in Item 3 of the Declarations or the minimum limits of insurance you agreed to procure in such written insured contract. F. This policy applies only in excess of the total applicable limits of scheduled underlying insurance and any applicable other insurance whether or not such limits are collectible. If however a policy shown in the Schedule of Underlying Insurance has a limit of insurance 1. Greater than the amount shown in such schedule this policy will apply in excess of such greater amount or 2. Less than the amount shown in such schedule this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this policy. G. If the total applicable limits of scheduled underlying insurance and any applicable other insurance are reduced or exhausted by the payment of damages to which this policy applies we will 1. In the event of reduction pay damages in excess of the remaining total applicable limits of scheduled underlying insurance and any applicable other insurance and 2. Subject to Paragraph E of SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS in the event of exhaustion continue in force as underlying insurance. H. Expenses incurred to defend any suit or to investigate any claim will be in addition to the applicable limits of insurance of this policy. Provided however that if such expenses reduce the applicable limits of scheduled underlying insurance then such expenses will reduce the applicable limits of insurance of this policy. 1. The limits of insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than twelve 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance of this policy. J. We will not make any payment under this policy unless and until 1. The total applicable limits of scheduled underlying insurance and any applicable other insurance have been exhausted by the payment of damages to which this policy applies or 0C UMBR LX9799 1005 Page 12 of 24 | 1 |
2. The total applicable Self Insured Retention has been satisfied by the payment of damages to which this policy applies. When the amount of damages has been determined by an agreed settlement or a final judgement we will promptly pay on behalf of the Insured the amount of damages falling within the terms of this policy. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. SECTION V DEFINITIONS A Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means 1. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. Coverage territory means 1. The United States of America including its territories and possessions Puerto Rico and Canada or 2. If provided by the underlying policy anywhere else in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. If we are prohibited by law from providing a defense in any location described in this definition and we are obligated to provide such defense under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS we will reimburse you for legal fees and other defense expenses incurred with our consent under the terms and conditions of this policy. If coverage for a claim under this policy is in violation of any United States of America s economic or trade sanction including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim shall be and void. Covered auto means only those autos to which scheduled underlying insurance applies. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 0C UMBR LX9799 1005 Page 13 of 24 | 1 |
J. 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means 1. The Named Insured 2. Except for liability arising out of the ownership maintenance or use of covered autos If you are designated in the Declarations as 1 An individual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner 2 A partnership or joint venture you are an Insured. Your members and your partners and their spouses are also Insureds but only with respect to the conduct of your business 3 A limited liability company you are an Insured. Your members are also Insureds but only with respect to the conduct of your business. Your managers are Insureds but only with respect to their duties as your managers 4 An organization other than a partnership joint venture or limited liability company you are an Insured. Your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are also Insureds but only with respect to their liability as stockholders 5 Atrust you are an Insured. Your trustees are also Insureds but only with respect to their duties as trustees Your volunteer workers only while performing duties related to the conduct of your business. Your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business or any claim or suit brought by or on behalf of the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of such bodily injury or personal and advertising injury or b For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1i above. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or organization while acting as your real estate manager Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy 0C UMBR LX9799 1005 Page 14 of 24 | 1 |
K. e. Any person or organization other than the Named Insured included as an additional Insured under scheduled underlying insurance but not for broader coverage than would be afforded by such scheduled underlying insurance. 3. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an Insured b. Anyone else while using with your permission a covered auto you own hire or borrow is also an Insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semi trailer connected to a covered auto you own 2 Your employee if the covered auto is owned by that employee or a member of his or her household 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto 5 A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household 6 Employees with respect to bodily injury to any fellow employee of the Insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business. Anyone liable for the conduct of an Insured described above is also an Insured but only to the extent of that liability. 4. Notwithstanding any of the above a. No person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in ltem 1 of the Declarations and b. No person or organization is an Insured under this policy who is not an Insured under scheduled underlying insurance. Insured contract means that part of any contract or agreement pertaining to your business under which any Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities. 0C UMBR LX9799 1005 Page 15 of 24. | 1 |
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 or watercraft 2. While itis in or on an aircraft or watercraft or 3. While it is being moved from an aircraft or watercraft to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft or watercraft.. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in Paragraph 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers 6. Vehicles not described in Paragraph 1 2 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for i Snow removal ii Road maintenance but not construction or resurfacing or Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named Insured means 1. Any person or organization designated in Item 1 of the Declarations 0C UMBR LX9799 1005 Page 16 of 24 | 1 |
2. Any organization in which you maintain an interest of more than fifty percent 50 and which is included as a named insured under scheduled underlying insurance as of the effective date of this policy and to which more specific insurance does not apply provided that this policy does not apply to any bodily injury or property damage that occurred or any personal and advertising injury that was caused by an occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and 3. Any organization except for a partnership joint venture or limited liability company that you acquire or form during the policy period in which you maintain an interest of more than fifty percent 50 and to which more specific insurance does not apply provided that a. Such organization is included as a named insured under scheduled underlying insurance b. This policy does not apply to any bodily injury or property damage that occurred or any personal and advertising injury that was caused by an occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and c. You give us prompt notice after you acquire or form such organization. Subject to the provisions of Paragraphs 3a 3b and 3c above a partnership joint venture or limited liability company that you acquire or form during the policy period may be added as an Insured only by a written endorsement that we make a part of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Occurrence means 1. As respects bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. In the event of continuing or progressively deteriorating damage over any length of time such damage shall be deemed to be one occurrence and shall be deemed to occur only when such damage first commences. 2. As respects personal and advertising injury an offense arising out of your business that causes personal and advertising injury. All damages that arise from the same related or repeated injurious material or act will be deemed to arise out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Other insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Personal and advertising injury means injury arising out of your business including consequential bodily injury arising out of one or more of the following offenses False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 0C UMBR LX9799 1005 Page 17 of 24 | 1 |
W. 5. Oral or written publication in any manner of material that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringement upon another s copyright trade dress or slogan in your advertisement. Policy period means the period of time from the inception date shown in Item 2 of the Declarations to the earlier of the expiration date shown in Item 2 of the Declarations or the effective date of termination of this policy. 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. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1. Products that are still in your physical possession or 2. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a. When all of the work called for in your contract has been completed b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site or. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Products completed operations hazard does not include bodily injury or property damage arising out of 1. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading meaning loading or unloading but with respect to a vehicle of that vehicle by any Insured or 2. The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained Amount means 1. The total applicable limits of scheduled underlying insurance plus any Self Insured retention applicable thereto and any applicable other insurance providing coverage to the Insured or 2. The Self Insured Retention applicable to each occurrence that results in damages not covered by scheduled underlying insurance nor any applicable other insurance providing coverage to the Insured. 0C UMBR LX9799 1005 Page 18 of 24 | 1 |
BB. cc. DD. Scheduled underlying insurance means 1. The policy or policies of insurance and limits of insurance plus any selfinsured retention applicable thereto shown in the Schedule of Underlying Insurance and 2. Automatically any renewal or replacement of any policy in Paragraph 1 above provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Self Insured Retention means the amount that is shown in Item 4 of the Declarations. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or personal and advertising injury to which this policy applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. You b. Others trading under your name or c. A person or organization whose business or assets you have acquired and 2. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. Your work means 1. Work or operations performed by you or on your behalf and 2. Materials parts or equipment furnished in connection with such work or operations. Your work includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Work and 2. The providing of or failure to provide warnings or instructions. SECTION VI CONDITIONS 0C UMBR LX9799 1005 Page 19 of 24 | 1 |
Appeals In the event the first Named Insured or the first Named Insured s underlying insurer if applicable elects not to appeal a judgement in excess of the Retained Amount we may elect to make such appeal at our own cost and expense and we shall be liable for the taxable costs and disbursements and interest incidental thereto but in no event shall our liability for damages exceed the sum set forth in the Declaration s for any one occurrence including the cost and expense of such appeal. Examination of Your Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency Your receivership bankruptcy insolvency or inability to pay or the receivership bankruptcy insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of damages covered by this policy. But under no circumstances will such receivership bankruptcy insolvency or inability to pay in any way increase or expand our liability or require us to drop down replace or assume any obligation under scheduled underlying insurance. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. 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 effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels earned premium will be calculated in accordance with the customary short rate table and procedure or the Minimum Earned Premium at Inception of the policy shown in Item 5 of the Declarations which ever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Change In Control If during the policy period 1. the first Named Insured designated in Item 1 of the Declarations consolidates with or merges into or sells all or substantially all of its assets to any person or entity or 2. any person or entity acquires an amount of the outstanding ownership interests representing more than 50 of the voting or designation power for the election of directors of the first Named Insured designated in Item 1 of the Declarations or acquires the voting or designation rights of such an amount of ownership interests This policy will continue in full force and effect as to bodily injury and property damage that occur prior to the effective date of such transaction and personal and advertising injury caused by an occurrence that takes place prior to the effective date of such transaction. There will be no coverage afforded by this policy for bodily injury or property damage that occurs on or after the effective date of such transaction and personal and advertising injury caused by an occurrence that takes place on or after the effective date of such transaction. 0C UMBR LX9799 1005 Page 20 of 24 | 1 |
G. H. 0C UMBR Changes Notice to or knowledge possessed by any person shall not affect a waiver or change in any part of this policy or stop us from asserting any rights under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part hereof signed by an authorized representative of the Company. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence that may resultin a claim or suit under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and any witnesses and c. The nature and location of any injury or damage arising out of the occurrence. 2. If a claim is made or suit is brought against any Insured which is reasonably likely to involve this policy you must notify us in writing as soon as practicable on the assumption that an Insured is liable for the damages claimed. Written notice should be mailed or delivered to Lexington Insurance Company clo ACPC P.0. Box 2310 Alpharetta GA 30009 Claim reporting information can also be found on our website www.lexingtoninsurance.com 3. You and any other involved Insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or Suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation settlement or defense of the claim or Suit and d. Assist us upon our request in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. Legal Actions Against Us No person or organization has a right under this policy 1. To join us as a party or otherwise bring us into a suit asking for damages from an Insured or 2. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under this policy or that are in excess of the applicable limits of insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. LX9799 1005 Page 21 of 24 Page 21 of 24 | 1 |
Maintenance of Scheduled Underlying Insurance You agree that during the policy period 1. You will keep scheduled underlying insurance in full force and effect 2. The terms definitions conditions and exclusions of scheduled underlying insurance will not materially change 3. The total applicable limits of scheduled underlying insurance will not decrease except for any reduction or exhaustion of aggregate limits by payment of damages to which this policy applies. 4. Any renewals or replacements of scheduled underlying insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would have had you fully complied with these requirements. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. Premium and Audit We will compute all premiums for this policy in accordance with our rules and rates. 2. If the premium for this policy is a flat premium it is not subject to adjustment except that additional premiums may be required for any additional exposure andor Insureds or as provided for in Condition D Cancellation. The premium shown in Item 5 of the Declarations as the Total Advance Premium is a deposit premium only. If the policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the learned premium is greater than the Advance Premium the first Named Insured will pay the difference to us due and payable upon notice. Subject to the Annual Minimum Premium shown in Item 5 of the Declarations if the earned premium is less than the Total Advance Premium we will return the difference to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. The first Named Insured shown on the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay.. Representations of Fraud By accepting this policy you agree The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us We have issued this policy in reliance upon your representations and w N2 This policy is void in any case of fraud by you as it relates to this policy or any claim or suit under this policy. Separation of Insureds Except with respect to the limits of insurance of this policy and rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each Insured against whom claim is made or Suit is brought. 0. Transfer of Rights of Recovery 0C UMBR 1. If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair these rights and must help us enforce them. LX9799 1005 Page 22 of 24 | 1 |
0C UMBR 2. Any recoveries will be applied as follows a. Any person or organization including the Insured that has paid an amount in excess of the applicable limits of insurance of this policy will be reimbursed first b. We then will be reimbursed up to the amount we have paid and Lastly any person or organization including the Insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally settled. 3. If prior to the time of an occurrence you and the insurer of scheduled underlying insurance waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder we at the request of the Insured will submit jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process may be made upon Counsel Legal Department Lexington Insurance Company 99 High Street Boston Massachusetts 02110 or his or her representative and that in any suit instituted against us upon this policy we will abide by the final decision of such court or of an appellate court in the event of an appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefor we hereby designate the Superintendent Commissioner Director of Insurance or other officer specified for that purpose in the statute or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance and hereby designate the Counsel Legal Department Lexington Insurance Company 99 High Street Boston Massachusetts 02110 as the person to whom the said officer is authorized to mail such process or a true copy thereof. Arbitration Notwithstanding Condition Q. Service of Suit above in the event of a disagreement as to the interpretation of this policy except with regard to whether this policy is void or voidable it is mutually agreed that such dispute shall be submitted to binding arbitration before a panel of three 3 Arbitrators consisting of two 2 party nominated non impartial Arbitrators and a third impartial Arbitrator hereinafter umpire as the sole and exclusive remedy. The party desiring arbitration of a dispute shall notify the other party said notice including the name address and occupation of the Arbitrator nominated by the demanding party. The other party shall within 30 days following receipt of the demand notify in writing the demanding party of the name address and occupation of the Arbitrator nominated by it. The two 2 arbitrators so selected shall within 30 days of the appointment of the second Arbitrator select an umpire. If the Arbitrators are unable to agree upon an umpire the selection of the umpire shall be submitted to the Judicial Arbitration and Mediation Services hereinafter JAMS. The umpire shall be selected in accordance with Rule 15 as may be amended from time to time of the JAMS Comprehensive Arbitration Rules and Procedures for the selection of a sole arbitrator. LX9799 1005 Page 23 of 24 | 1 |
The parties shall submit their cases to the panel by written and oral evidence at a hearing time and place selected by the umpire. Said hearings shall be held within 30 days of the selection of the umpire. The panel shall be relieved of all judicial formality shall not be obligated to adhere to the strict rules of law or of evidence shall seek to enforce the intent of the parties hereto and may refer to but are not limited to relevant legal principles. The decision of at least two 2 of the three 3 panel members shall be binding and final and not subject to appeal except for grounds of fraud and gross misconduct by the Arbitrators. The award will be issued within 30 days of the close of the hearings. Each party shall bear expenses of its designated Arbitrator and shall jointly and equally share with the other the expense of the umpire and the arbitration. The arbitration proceeding shall take place in the vicinity of the first Named Insured s mailing address as shown in the Declarations or such other place as may be mutually agreed by the first Named Insured and us. The procedural rules applicable to this arbitration shall except as provided otherwise herein be in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. IN WITNESS WHEREOF we have caused this policy to be executed and attested but this policy will not be valid unless countersigned by one of our duly authorized representatives where required by law. DER Secretal 0C UMBR LX9799 1005 Page 24 of 24 | 1 |
ENDORSEMENT 001 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided by the policy The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. Insurer shall also mean we us our or the Company whichever is applicable in accordance with the terms of this Policy whether or not such term is in quotation marks or bolded. All other terms and conditions of the policy remain the same. 77744 Authorized Representative 2013 American International Group Inc. All Right Reserved. LX4227 0813 Page 10f 1 | 2 |
ENDORSEMENT 002 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY DELETION OF SPECIFIED OFAC LANGUAGE ENDORSEMENT This endorsement modifies insurance provided by the policy If the language shown in Paragraph 1. or Paragraph 2. below appears in the policy it is hereby deleted in its entirety 1. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations including but not limited to sanctions laws and regulations administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC or 2. If coverage for a claim under this policy is in violation of any United States of America s economic or trade sanction including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim shall be and void. All other terms and conditions of the policy remain the same. 7m k74 Authorized Representative LX4228 0813 Page 10f 1 | 2 |
ENDORSEMENT 003 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY CRISIS RESPONSE COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided by the policy e CRISIS RESPONSE NOTIFICATION TELEPHONE NUMBER 877 743 7669 THIS ENDORSEMENT EXTENDS COVERAGE TO PROVIDE FOR CRISIS RESPONSE COSTS AND CRISIS MANAGEMENT LOSS IN THE EVENT OF A CRISIS EVENT AS DEFINED HEREIN. THE LIMITS OF INSURANCE PROVIDED FOR SUCH COVERAGE ARE IN ADDITION TO THE LIMITS OF INSURANCE PROVIDED IN THE DECLARATIONS OF THIS POLICY. IF THIS ENDORSEMENT IS ATTACHED TO A CLAIMS MADE POLICY THIS ENDORSEMENT NEVERTHELESS REQUIRES THAT ALL OF THE CRITERIA SET FORTH IN SECTION I SUBPARAGRAPHS B.1. THROUGH B.4. INCLUSIVE BE MET. SCHEDULE Crisis Response Coverage Extension Limits of Insurance Crisis Response Aggregate Limit 300000 Each Crisis Response Costs Limit 250000 Each Crisis Event Each Crisis Management Loss Limit 50000 Each Crisis Event Notwithstanding any provisions to the contrary in the policy to which this endorsement is attached subject to the Limits of Insurance as shown in the above Schedule and in accordance with the terms and conditions set forth in this endorsement the policy is extended to provide crisis response costs and crisis management loss resulting from a crisis event. SECTION I. CRISIS RESPONSE COVERAGE EXTENSION A. We will reimburse you or pay on your behalf reasonable and necessary crisis response costs andor crisis management loss arising out of 1 bodily injury or property damage for which coverage is provided under this policy or 2 imminent injury but only with respect to a crisis event to which this insurance applies. The amount we will reimburse you or pay on your behalf for such crisis response costs andor crisis management loss is limited as described in SECTION Il CRISIS RESPONSE LIMITS OF INSURANCE. No self insured retention or deductible shall apply to this coverage extension endorsement. B. We will reimburse you or pay on your behalf crisis response costs andor crisis management loss arising out of a crisis event only if 1. The bodily injury or property damage or imminent injury takes place in the coverage territory and 2. The bodily injury or property damage or imminent injury commences to occur during the policy period and 3. Such crisis response costs andor crisis management loss did not arise out of any fact circumstance pre existing condition situation bodily injury property damage or imminent injury that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in such crisis response costs andfor crisis management loss and Page 10f 4 LX8703 0511 | 2 |
4. Such crisis response costs andor crisis management loss are incurred within thirty 30 days after the commencement date of the crisis event. The end of the policy period will not cut short this thirty 30 day period. SECTION II. EXCLUSIONS The exclusions of the policy apply to this endorsement including but not limited to any exclusion which applies to workers compensation or any similar law. However the following additional exclusions applicable to this endorsement supersede any similar exclusions in the policy. This coverage extension does not apply to Newly acquired or merged entities Crisis response costs or crisis management loss resulting from bodily injury or property damage or imminent injury that occurred prior to the date you acquired or merged with any other entity. Infectious Diseases or llinesses Crisis response costs or crisis management loss arising out of infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not include food borne ilinesses or defective vaccines. SECTION IIl. CRISIS RESPONSE LIMITS OF INSURANCE A. The Schedule above and the rules below establish the most we will reimburse or pay on your behalf for crisis response costs and crisis management loss regardless of the number of Insureds crisis events or affected persons. B. The Crisis Response Aggregate Limit is the most we will reimburse or pay on your behalf for the sum of all crisis response costs and crisis management loss under this endorsement. C. Subject to Paragraph B. above the Each Crisis Response Costs Limit is the most we will reimburse or pay on your behalf for all crisis response costs arising out of any one crisis event. D. Subject to Paragraph B. above the Crisis Management Loss Limit is the most we will reimburse or pay on your behalf for all crisis management loss arising out of any one crisis event. All crisis events or all related or interrelated crisis events will be deemed to be one crisis event. SECTION IV. DEFINITIONS The definitions of the policy apply to this endorsement. However the following additional definitions applicable to this endorsement supersede any similar definitions in the policy. You and your refer to the Named Insured and we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning as follows A. Affected persons means those individuals who suffer direct bodily injury or property damage or directly experience imminent injury including such individuals immediate family members. B. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. C. Coverage territory means the United States of America including its territories and possessions Puerto Rico and Canada. If coverage for crisis response costs or crisis management loss under this endorsement is in violation of any United States of America s economic or trade sanction including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Page 20f 4 LX8703 0511 | 2 |
Assets Control OFAC then coverage for such cri loss shall be and void. is response costs or crisis management Crisis event means 1. An emergency situation including but not limited to a manmade disaster such as arson a bombing the taking of hostages a mass shooting terrorism if covered under the policy only intentional contamination of food drink or pharmaceuticals or the actual or alleged mishandling of a natural disaster that results in covered bodily injury property damage or imminent injury to any person and 2. Such emergency situation has been associated with or may reasonably be associated with significant adverse regional or national news media coverage. Crisis management firm means a public relations firm or crisis management firm assigned or approved by us in writing that is hired by you to perform services of the type covered under crisis management loss in connection with a crisis event. Crisis management loss means reasonable and necessary fees and expenses charged by a crisis management firm or your employees in providing public relations and media management services for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. This does not include the salaries of your employees. Crisis response costs means 1. reasonable and necessary emergency transport expenses emergency psychology expenses funeral expenses travel expenses and temporary living expenses incurred by you to provide relief andor support to affected persons and 2. expenses incurred by you to secure the scene of a crisis event. Crisis response costs shall not include defense costs or crisis management loss. Defense costs means legal fees and expenses incurred by you for legal advice or services sought in anticipation of or upon actual receipt of a claim alleging liability and seeking damages for bodily injury property damage or imminent injury. Emergency transport expenses means reasonable and necessary emergency transport expenses occurring within 24 hours after a crisis event to transport an affected person sustaining bodily injury in a crisis event to a medical treatment facility. Emergency psychology expenses means reasonable and necessary expenses for psychology or counseling services provided to affected persons and incurred within the first fourteen 14 days after a crisis event. This does not include the costs or expenses of any medications or hospitalizations. Such psychology or counseling services must be approved by the cri management firm. Imminent injury means the actual and immediate threat of bodily injury or property damage. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the crisis event that caused it. Page 30f 4 LX8703 0511 | 2 |
For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. SECTION V. CONDITIONS The general andor common conditions of the policy apply to this endorsement. However the following conditions applicable to this endorsement supersede any similar conditions in the policy to the contrary. A. Insured s Duties in the Event of a Crisis Event 1. You must see to it that we are notified by telephone within twenty four 24 hours of a crisis event which may result in crisis response costs or crisis management loss. The call must be made to 877 743 7669. If necessary we will provide you with an approved crisis management firm unless we agree to accept a crisis management firm that you have selected. 2. Thereafter you must provide written notice as soon as practicable. To the extent possible this written notice should include a. How when and where the crisis event took place b. The names and addresses of any affected persons and witnesses and c. The nature and location of any injury or damage arising out of the crisis event. 3. If reimbursement is sought directly by you you must submit a claim for reimbursement of crisis response costs and crisis management loss within ninety 90 days after incurring such crisis response costs or crisis management loss. Such claims must include invoices andor receipts supporting such crisis response costs or crisis management loss for each and every expense in excess of fifty 50 dollars. 4. Written notice and claim submission as required in Paragraphs 1. and 2. of this section respectively shall be mailed or delivered to Lexington Insurance Company clo ACPC P.0. Box 2310 Alpharetta GA 30009 Claim reporting information can also be found on our website www.lexingtoninsurance.com B. Anti Stacking Provision If crisis response costs andor crisis management loss provided by this coverage extension endorsement are also provided by any other insurance issued to you by us or any of our affiliated companies whether or not such costs or loss are referred to using these same terms the maximum limit of insurance under all insurance available shall not exceed the highest applicable limit of insurance available under any one policy or endorsement. This condition does not apply to any other insurance issued by us or any of our affiliated companies specifically intended to apply as excess insurance over this coverage extension endorsement. All other terms and conditions of the policy remain the same. Tronan W Authorized Representative Page 40f 4 LX8703 0511 | 2 |
ENDORSEMENT 004 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided by the policy SCHEDULE Name of Certificate Holders and Address 1. Jefferson Midstream Logistics LLC 9595 Six Pines Drive Suite 6370 The Woodlands TX 77380 If the Insurer cancels this policy for any reason other than cancellation for non payment of premium notice of cancellation shall be given in accordance with the terms and conditions of the policy to the Certificate Holders shown in the above Schedule. Other than the right to receive notice of cancellation as set forth herein this endorsement confers no rights under this policy to the Certificate Holders including but not limited to additional insured status or additional Named Insured status. As used herein Insurer means the insurance company shown in the header on the Declarations Page of this policy. All other terms and conditions of the policy remain the same. J Authorized Representative LX8959 0513 Page 10f 1 | 2 |
ENDORSEMENT 005 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY FAILURE TO SUPPLY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the policy. This insurance does not apply to bodily injury or property damage arising out of the failure of any insured to adequately supply gas oil water electricity steam or biofuel. This exclusion does not apply if the failure to supply results from the sudden and accidental injury to tangible property owned or used by any insured to procure produce process or transmit the gas oil water electricity steam or biofuel. All other terms and conditions of the policy remain the same. o Yip i Authorized Representative Includes copyrighted information of the Insurance Services Offices Inc. with its permission. Al rights reserved. LX8955 0413 Page 10f 1 | 2 |
ENDORSEMENT 006 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY MTBE AND OTHER FUEL OXYGENATES EXCLUSION This insurance does not apply to any liability arising out of methyl tertiary butyl ether MTBE and other fuel oxygenates including but not limited to the following 1. Ether oxygenates such as ethyl tertiary butyl ether ETBE tertiary amyl methyl ether TAME tertiary amyl ethyl ether TAEE diisopropyl ether DIPE and dimethyl ether DME and 2. Alcohol oxygenates such as ethanol ethyl alcohol methanol methyl alcohol and tertiary butyl alcohol TBA. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion shall supercede any such coverage. All other terms definitions conditions and exclusions of this policy shall remain unchanged. I A Authorized Representative OR Countersignature In states where applicable LX9515 0802 | 2 |
ENDORSEMENT 007 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY SPECIFIED SERVICES EXCLUSION It is hereby agreed and understood that this policy does not provide coverage and the Company will not pay claim expenses or damages arising out of based upon or attributable to ALL TRUCKING OPERATIONS ALL TRUCKING FOR HIRE OPERATIONS All other terms and conditions of this policy remain unchanged. miy 44 Authorized Representative OR Countersignature In states where applicable LX9461 Ed. 0501 | 2 |
ENDORSEMENT 008 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY UNIMPAIRED LIMITS OF SCHEDULED UNDERLYING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following condition is added to SECTION VI CONDITIONS UNIMPAIRED LIMITS OF SCHEDULED UNDERLYING INSURANCE You warrant that the limits of insurance of the scheduled underlying insurance hereinafter the underlying limits shall be unimpaired as of the inception date of this policy. In event such underlying limits are impaired as of the inception date of this policy this policy shall apply as if such underlying limits were unimpaired. In the event of non concurrent policy periods between this Commercial Umbrella Liability Policy and the scheduled underlying insurance only occurrences claims or suits that would be covered during the policy period of this Commercial Umbrella Liability Policy shall be considered in determining the extent of any reduction or exhaustion of the underlying limits and you shall retain liability for any resulting gap in coverage. All other terms and conditions of the policy remain the same. Troman Yl Authorized Representative LX8885 0712 Page 10f 1 | 2 |
ENDORSEMENT 009 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY SCHEDULE OF NAMED INSUREDS This endorsement modifies insurance provided by the policy This policy provides coverage for the first Named Insured shown in the Declarations and the following additional Named Insureds Bridger Trading LLC Bridger Transfer Services LLC Bridger Lake LLC Bridger Administrative Services LLC Waskon Energy Marketing Transportation LLC Double on 8 LLC Bridger Logistics LLC Bridger Storage LLC Bridger Midstream LLC Bridger Rail Shipping LLC Bridger Real Property LLC J.J. Addison Partners LLC The first Named Insured is the appointed and irrevocable agent for all Named Insureds including for the purpose of receipt of any notice of cancellation notice of nonrenewal if applicable and the payment or return of any premium under this policy. All other terms and conditions of the policy remain the same. I A Authorized Representative OR Countersignature In states where applicable Page 1of 1 LX8034 0107 | 2 |
ENDORSEMENT 010 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Section Ill. Exclusions Paragraph I. Pollution is deleted and replaced with the following Pollution This insurance does not apply to 1. Any bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms and conditions of the policy remain the same. o L Authorized Representative LX4262 1013 Page 10f 1 | 2 |
ENDORSEMENT 011 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any loss cost damage expense injury claim or suit caused by arising out of or resulting directly or indirectly in whole or in part from 1. the rendering of or the failure to render professional services or 2. any act error or omission malpractice or mistake in the rendering of or the failure to render professional services by or on behalf of the Insured. As used herein professional services means any services provided by or on behalf of the Insured that are learned professions requiring licensing through a professional board or similar professional organization. All other terms and conditions of the policy remain the same. Troman Yl Authorized Representative LX8880 0712 Page 10f 1 | 2 |
ENDORSEMENT 012 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQs fii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index V. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List LX4268 1013 Page 10f 2 | 2 |
vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 vii. Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. Authorized Representative LX4268 1013 Page 20f 2 | 2 |
ENDORSEMENT 013 This endorsement effective 1201 AM 06012015 Forms a part of policy no. 021375513 Issued to BRIDGER LLC. By LEXINGTON INSURANCE COMPANY COMMERCIAL UMBRELLA POLICY ACT OF TERRORISM RETAINED LIMIT ENDORSEMENT This policy is amended as follows ITEM 3. OF THE DECLARATIONS LIMIT OF INSURANCE is amended to include the following additional Self Insured Retention d 1000000 Actof Terrorism Self Insured Retention Each Occurrence. ITEM 6. OF THE DECLARATIONS PREMIUM COMPUTATION is amended to include the following 1360.00 Actof Terrorism Premium Section Ill. Limits of Liability paragraphs B.1. a. and B. 1. b. are deleted and replaced by the following We will be liable only for that portion of the ultimate net loss in excess of the Insured s Retained Limit which is defined as the greater of either 1. The total of the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other underlying insurance providing coverage to the Insured or 2. The amount stated in the Declarations as Self Insured Retention or Act of Terrorism Self Insured Retention as a result of any one Occurrence not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other underlying insurance providing coverage to the Insured and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. All claims and suits seeking damages for any liability arising out of an Act of Terrorism are subject to this Act of Terrorism Self Insured Retention. Defense Expenses shall not erode this Act of Terrorism Self Insured Retention. The Act of Terrorism Self Insured Retention applies whether or not there is any applicable underlying policies listed in the Schedule of Underlying Insurance or applicable limits of any other underlying insurance providing coverage to the Insured. If there is applicable underlying insurance listed in the Schedule of Underlying Insurance or any other underlying insurance providing coverage to the Insured amounts received through such underlying insurance may be applied to reduce or exhaust the Each Occurrence Act of Terrorism Self Insured Retention. However in no event will amounts received through such underlying insurance for the payment of Defense Expenses reduce the Each Occurrence Act of Terrorism Self Insured Retention. CMUMB12 LX9581 0105 | 2 |
For the purpose of this endorsement Definitions is amended to include the following additional definitions Defense Expenses means any payment allocated to a specific loss claim or suit for its investigation settlement or defense including but not limited to 1. Attorney s fees and all other investigation loss adjustment and litigation expenses 2. Premiums on bonds to release attachments 3. Premiums on appeal bonds required by law to appeal any claim or suit 4. Costs taxed against the Insured in any claim or suit 5. Pre judgement interest awarded against the Insured 6. Interest that accrues after entry of judgement. Terrorism means the use of threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in an connection with any organization government power authority or military force when the effect is to intimidate coerce or harm 1 A government 2 The civilian population of a country state or community or 3 To disrupt the economy of a country state or community. So long as the Terrorism Risk Insurance Act of 2002 the Act is in effect Terrorism which includes a certified act of terrorism defined by Section 102. Definitions of the Act and any revisions or amendments thereto. All other terms and conditions of the policy are the same. Solely as respects any liability arising out of any Act of Terrorism Section Il. Defense paragraphs A. 1.and A. 2. and C. are deleted in their entirety and paragraph C. is replaced by the following We will not be obligated to assume charge of the investigation settlement or defense of any claim made suit brought or proceeding instituted against the Insured. We will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceedings relative to any Occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. All other terms and conditions of this policy remain unchanged. yiy 44 Authorized Representative OR Countersignature In states where applicable CMUMB12 LX9581 0105 | 2 |
ZURICH Adyvisory notice to policyholders regarding the U.S. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverage is provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations e Terrorists e Terrorist organizations and e Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treasury.govaboutorganizationalstructureofficesPagesOfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. U GU1041 A 0311 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Extension Act of 2005 TRIA for lines subject to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA 42 If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any change shown in 2 of this Schedule applies to the risk of loss from terrorism after the termination of TRIA. 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable is shown in the Schedule of this endorsement or in the Declarations. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed 100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end of December 31 2014 unless extended by the federal government. Possibility of Additional or Return Premium The premium attributable to the risk of loss from certified acts of terrorism coverage is culated based on the coverage if any in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement the termination of TRIA or extension of the federal program with certain modifications as explained in that endorsement may modify the extent of coverage if any your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy the return premium if any or additional premium if any shown in 2 of the Schedule will apply. If the level or terms of federal participation change the premium shown in 1 of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Properties Inc. with its permission. U GU692 C CW 0613 Copyright Zurich American Insurance Company 2013 Page 1 of 1 ation of 1R1A or upon applicability of a Londitional Endorsement. following is completed RIA we are required to disclosing the portion of butable to the risk of loss under that Act for lines ortion of your premium the Schedule of this rations. ticipation in Payment of ment Department of the of terrorism los The federal s amount of such insured Slicable insurer retention. for no insurance industry nment participation in 1 100 billion in any one I program established by inate at the end of | 2 |
ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1 of 1 | 2 |
ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 1 of 1 | 2 |
Z ZURICH Commercial Umbrella Liability Policy ZURICI Declarations Insurance is provided by the company below. Policy Number 1. Named Insured Mailing Address Email Address Policy Period Limits of Insurance Retained Limit American Guarantee and Liability Insurance Company AUC 0086377 00 Renewal of Number NORTH FORTY GOLF LLC DBA Producer LOCKTON COMPANIES LLC ASHLAND GOLF CLUB 16119 HIGHWAY 6 1015 N 98TH ST STE 101 ASHLAND NE 68003 2337 OMAHA NE 68114 2357 CACARLSONLOCKTON.COM From 01012015 To 01012016 at 1201 A.M. Standard Time at the address of the Named Insured. A. 5000000 Occurrence B. 5000000 Other Aggregate C. 5000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 0 Occurrence 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 CACARLSONLOCKTON.COM Retained Limit 0 Occurrence Policy Premium Advance Premium 4292 Policy Minimum Earned Premium 1073 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
Z ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Form Name Form Number Edition Date Advisory Notice To Policyholders Regarding the U.S. U GU1041 A 0311 Treasury Department s Office of Foreign Assets Control OFAC Regulations Disclosure of Premium Relating to Disposition of TRIA U GU692 C CW 0613 Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 C CW 0108 Conditional Terrorism Retained Amount Provisions Related U UMB503 C CW 0813 to Disposition of Federal Terrorism Risk Insurance Act Care Custody Or Control Exclusion U UMB129 B CW 0703 Employee Benefits Liability Exclusion U UMB166 B CW 0703 Owned Auto Exclusion U UMB213 A CW 0799 Fungus or Bacteria Exclusion U UMB385 B CW 0703 Liquor Liability Endorsement Occurrence U UMB708 A 0810 Important Notice In Witness Clause U GU319 F CW 0109 CAP on Losses from Certified Acts of Terrorism U GU767 A CW 0108 Nebraska Changes U UMB304 B NE 0410 Exclusion Recording And Distribution Of Material Or U UMB525 F CW 0114 Information In Violation Of Law Umbrella Amendatory Endorsement U UMB906 A CW 0114 U GU692 C CW U UMB D101 C CW U UMB105 A CW U UMB103 C CW U UMB406 C CW U UMB503 C CW 0613 0310 0799 0310 0108 0813 U UMB129 B CW U UMB166 B CW U UMB213 A CW U UMB385 B CW U UMB708 A U GU319 F CW U GU767 A CW U UMB304 B NE U UMB525 F CW 0703 0703 0799 0703 0810 0109 0108 0410 0114 U UMB906 A CW 0114 U UMB104 A CW 0799 Page 1 of 1 | 2 |
Z ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Company Policy No. and Term Coverage A. Company Zurich American Insurance Company Policy No CPO 0086376 00 Term 01012015 to 01012016 Commercial General Liability General Liability 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate 1000000 Personal Injury Advertising Injury Company Policy No. and Term Coverage B. Company Zurich American Insurance Co Commercial Auto Liability 1000000 Combined Single Limit Policy No CPO 0086376 00 Auto Liability Term 01012015 to 01012016 Company Policy No. and Term Coverage Applicable Limits C. Company TBD Policy No TBD Term 01012015 to 01012016 Employers Liability Work Comp 1000000 Bodily Injury By Accident Each Accident 1000000 Bodily Injury By Disease Each Employee 1000000 Bodily Injury By Disease Policy Limit Term 01012015 to 01012016 Policy No TBD Work Comp Term 01012015 to 01012016 U UMB105 A CW 0799 Page 1 of 1 | 2 |
Z ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
Z ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of 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 its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. 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. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations 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. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control s a0 0w That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
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