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BITCO GENERAL INSURANCE CORPORATION 27. 28 29 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 a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. 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 a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representation s made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. CUP 000501 19 Page 26 of 26 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS The following exclusion is added to COVERAGES A and B Section I This insurance does not apply to bodily injury property damage personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2. Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. CUP 00 13 02 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE Itis agreed that 1 We will pay on behalf of the insured the ultimate net loss in excess of the applicable limits of insurance of the Employee Benefits Liability Form listed in the schedule of underlying insurance but only to the extent insurance for administering employee benefit programs is provided by that form and subject to all its limitations other than limits of insurance Subject otherwise to Section IV LIMIT OF INSURANCE of this policy. a. The amount stated in the declarations as the aggregate limit of our liability is the most we will pay for all ultimate net loss arising out of all employee benefit programs for which insurance is provided in paragraph 1. above performed during the policy period. b. The aggregate limit of our liability applies separately to a. above and 2.a.1 2 and b. of Section IV LIMIT OF INSURANCE of this policy. CUP 00 40 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by any engineer architect or surveyor or any additional insured who is an insured under the policy or is performing work on behalf of any insured in a professional capacity Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. CUP 0064 01 11 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATION ENDORSEMENT Itis agreed that I This policy does not apply A. To any liability for bodily injury property damage personal and advertising injury arising out of any project insured under a wrap up rating plan B. To property damage to leased or rented equipment C. To property damage included within the explosion hazard the collapse hazard or the underground property damage hazard unless insurance therefore is provided by a policy of Underlying Insurance at the full limits of insurance as stated in the declarations of this policy and then only for such hazards for which coverage is afforded under said Underlying Insurance. IIl. The following additional definitions apply when used in reference to this policy Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under pressure prime movers machinery or power transmitting equipment Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Structural property damage means the collapse of or structural injury to any building or structure due to 1 Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2 Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property and any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. CUP 00 69 02 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGUS OR BACTERIA This insurance does not apply to any 1 Bodily injury property damage or personal and advertising injury arising out of resulting from caused or contributed to directly or indirectly by a. Any fungusi or spores or bacteria or b. Any substance mycotoxin vapor gas or byproduct produced by or arising out of or released by any fungusi or spores or bacteria or 2. The loss costs or expense of testing for monitoring abatement mitigation removal containment remediation neutralization detoxification or disposal of fungusi or spores or bacteria. This exclusion also includes a. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores or bacteria to the extent that it results in causes or contributes to such injury or damage or b. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above or c. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage The above applies regardless of any other cause event material product or building component that contributed concurrently or in any sequence to such injury or damage For the purpose of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi CUP 0091 03 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 00950115 Padge 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SILICA EXCLUSION This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury which is in whole or in part actually or allegedly caused by arises out of results from relates to or is contributed to by silica in any form exposure to silica in any form the use of silica in any form or the presence of silica in any form either alone or in combination with other substances or factors irrespective of the form or condition of the silica and irrespective of whether the silica is or was included in a product or otherwise. Any damages for bodily injury property damage or personal and advertising injury or any loss cost or expense arising out of the abatement testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the presence absence amount or effects of silica irrespective of the form or condition of the silica by any insured or any other person entity or governmental authority. Any obligation to share damages with indemnify or repay any person or entity in connection with paragraphs 1 andor 2 above CUP 0098 02 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TENNESSEE CHANGES SECTION V CONDITIONS is amended as follows Condition 3. CANCELLATION is amended by adding the following additional provision 9. Cancellation For Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 8 Nonpayment of premium including any additional premium calculated in accordance with our current rating manual justified by a physical change in the insured property or a change in its occupancy or use Your conviction of a crime increasing any hazard insured against Discovery of fraud or material misrepresentation on the part of either of the following a You or your representative in obtaining this insurance or b You in pursuing a claim under this policy Failure to comply with written loss control recommendations Material change in the risk which increases the risk of loss after we issued or renewed insurance coverage Determination by the Insurance Commissioner that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of Tennessee or any other state Your violation or breach of any policy terms or conditions or Other reasons that are approved by the Insurance Commissioner. Notice of cancellation will state the reason for cancellation. Condition 19. WHEN WE DO NOT RENEW is replaced by the following 19. WHEN WE DO NOT RENEW a. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and agent at least 60 days before the expiration date unless 1 We have offered to issue a renewal policy or 2 You have obtained replacement coverage or have agreed in writing to obtain replacement coverage. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s and agent s addresses shown in the policy. If notice is mailed proof of mailing will be sufficient proof of notice. CUP 01210397 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03040115 Padge 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This form applies only to auto liability coverage. This endorsement modifies insurance provided under the following A. The following definitions are added and apply under B. The following exclusion is added this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2 EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies onlv when one or more of the followina are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4 Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 11 09 05 Page 1 of 2 | 2 |
6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. With respect to this Exclusion Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 11 09 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED INSURANCE PROGRAM The following exclusion is added to paragraph 2. EXCLUSIONS of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section Coverages This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of either your ongoing operations or operations included within the products completed operations hazard at any location or project for which a consolidated insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 120107 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The Transfer of Riahts of Recoverv Adainst Others to Us Condition 16. of SECTION V is amended by the addition of the following If required by a written contract executed prior to loss we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your work for that person or organization. CUP 03 13 0107 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This policy does not apply to 1. Bodily injury personal and advertising injury or property damage arising out of the actual alleged or threatened exposure to lead paint containing lead or any other material or substance containing lead or 2. Any loss cost or exposure arising out of any a. Request demand or order that any insured or others test for monitor clean up remove or contain failure to disclose existence of or in any way respond to or assess the effects of lead paint containing lead or any other material or substance containing lead or Claim or suit by or on behalf of any person organization or governmental authority for damages because of testing for monitoring cleaning up or removing containing failure to disclose existence of or in any way responding to or assessing the effects of lead paint containing lead or any other material or substance containing lead. CUP 2473 1000 | 2 |
POLICY NUMBER CUP 2 818 315 FULILY NUMBER. LUF Ol0 o190 IL09 850115 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 6. This premium is the total Certified Acts premium attributable to the followina Coveraae Parts. Coverage Forms andor Policvies Commercial Umbrella Additional information. if anv. concernina the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 80 Year 20 20 Refer to Paragraph B in this endorsement. Federal share of terrorism losses 79 Year20 21 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. his premium is the total Certified Acts premium attributable to the followina Coveraae Parts. Coveraae orms andor Policvies ommercial Umbrella dditional information. if anv. concernina the terrorism premium Year 20 20 Year20 21 Insurance Services Office Inc. 2015 IL09850115 Page 1 of 2 | 2 |
B. Disclosure Of Federal Participation In Pavment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Pavment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Insurance Services Office Inc. 2015 Page 2 of 2 IL09 850115 | 2 |
Fkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkhkkkkkkkk THE POLICY PROVISIONS WITH THE INFORMATION PAGE AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THIS POLICY kkkkkkkkkhkkkhkhkkkhkkkhkhkkkhkhkkkhkhkkhkhkkkhkhkkkhkkkhkhkkhkhkkhkhkhkkkkkkk In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. Lo S G Mf Chief Executive Officer GU4846 0119 | 2 |
BITCO INSURANCE C OMPANIES Member of Old Republic Compan BITCO General Insurance Corporation CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 Toll Free Number 1 800 475 4477 CUP 2817 558 GU4843 0416 DES MOINES BR | 2 |
NOTICE BITCO BRANCH CLAIM OFFICES 14301 FNB Parkway Ste. 217 Linden Place Omaha NE 68154 Tel 402 614 7880 866 562 6996 toll free Fax 402 614 5763 P.O. Box 12936 Oklahoma Citv. OK 73157 2936 Tel 405 767 2064 800 947 0809 toll free Fax 405 767 9438 Foster Plaza Five 651 Holiday Drive Pittsburah PA 15220 2757 Tel 412 937 9000 800 253 1232 toll free Fax 412 937 1143 P.O. Box 10347 Knoxville TN 37939 0347 Tel 865 588 8157 800 374 2318 toll free Fax 865 558 8658 1701 Centerview Drive Ste. 203 Little Rock AR 72211 Tel 501 224 3080 800 876 8147 toll free Fax 844 712 8156 3700 Crestwood Parkway Ste. 650 Duluth GA 30096 5599 Tel 770 923 7551 800 822 2905 toll free 844 377 4676 Fax P.O.Box 718 Shawnee Mission KS 66201 0718 Tel 913 262 4664 800 821 5354 toll free Fax 855 227 6973 111 Veterans Blvd. Ste. 404 Metairie LA 70005 3043 Tel 504 837 5480 800 605 0311 toll free Fax 504 831 0720 P.O. Box 291689 Nashville TN 37229 1689 Tel 615 871 9042 800 342 5786 toll free Fax 615 871 0783 P.O. Box 65605 West Des Moines IA 50265 0605 Tel 515 223 1122 800 383 1122 toll free Fax 844 462 2024 P.O. Box 167968 Irvina. TX 75016 7968 Tel 972 506 9591 800 683 9591 toll free Fax 972 556 1539 9901 IH 10 West Ste. 1050 San Antonio TX 78230 Tel 210 340 8199 888 857 8031 toll free Fax 844 250 1519 300 N. Meridian Ste. 920 Indianapolis IN 46204 Tel 317 243 6721 800 382 9991 toll free Fax 844 371 2497 P.O. Box 280729 Lakewood CO 80228 0729 Tel 303 985 9494 877 746 1748 toll free Fax 303 985 0808 10733 Sunset Office Drive Ste. 430 St. Louis MO 63127 1033 Tel 314 822 4446 800 723 8632 toll free Fax 314 822 9850 P.O. Box 1210 Brookfield Wl 53008 1210 Tel 262 792 9254 800 242 6258 toll free Fax 262 792 9264 4252 Carmichael Road Ste. 231 Montaomerv AL 36106 2804 Tel 334 215 0633 800 239 7400 toll free Fax 334 244 1194 P.O. Box 474630 Charlotte NC 28247 Tel 704 341 3725 800 642 2507 toll free Fax 833 200 2221 5920 NE Ray Circle Ste. 250 Hillsboro. OR 97124 Tel 503 686 7006 844 794 7394 toll free Fax 503 430 0739 HOME OFFICE 3700 Market Square Circle Davenport IA 52807 TELEPHONE NUMBER 563 232 0499 TOLL FREE NUMBER 1 800 475 4477 GU4845 0416 | 2 |
NOTICE PRIVACY STATEMENT BITCO Insurance Companies is strongly committed to protecting the confidentiality of our customers non public personal information. We collect information about our customers on a routine basis. The collection of this information is necessary to effect administer or enforce a transaction that you our customer have authorized. Even after our business relationship ends your personal information remains confidential. This notice describes our privacy policy and explains how we treat the information we receive about you. Information about you is collected through your application for insurance or submission of a claim. This information may include but is not limited to Identification Information such as name address Social Security Number employer identification number date of birth age and gender. Personal Financial Information such as credit history bank account information employment history wage history and bankruptcy information. Medical Information such as a physician s diagnosis and injury information. Other Information such as motor vehicle reports courthouse records policeffire reports and reports from government agencies i.e. Department of Transportation Environmental Protection Agency. How We Use Your Information We use the information about you to conduct normal business activities as requested by you our customer. Normal business includes servicing or processing an insurance product or service requested by you Underwriting of your insurance coverage and processing claims on your coverage are normal business activities in which we engage. How We Disclose Your Information We may disclose information necessary to conduct normal business activity or activities required by law or regulation. Information may be disclosed to others to enable them to provide a business service to us. Examples of this situation would be outside medical payment review independent adjusters servicing claims and data gathering organizations needing information for establishing rates. Information may also be sent to regulatory agencies state insurance departments or law enforcement agencies for the prevention of fraud. We may make other disclosures of information as permitted or required by law within the scope of normal business activities. We do not make disclosures of information for the purpose of cross selling or marketing nonaffiliated third parties products or services. For example we do not and will not sell your name to a mail order catalog company or other marketing ventures. How We Protect and Secure Information Access to your non public personal information is restricted to those who need to know your information to provide products or services to you. Our employees are required to protect and maintain the confidentiality of your information. Employees must follow and comply with established policies and procedures regarding customer privacy. We maintain physical electronic and procedural safeguards to secure your nonpublic personal information Former Customers The above privacy statement remains in force when a customer relationship no longer exists with you. BITCO Insurance Companies will always keep your nonpublic personal information confidential Questions If you have any questions regarding this privacy statement please contact our privacy coordinator at 1 800 475 4477 BITCO General Insurance Corporation BITCO National Insurance Company GU3076 0416 | 2 |
ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. THIS NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO DIRECTIVES ISSUED BY OFAC. PLEASE READ THIS NOTICE CAREFULLY. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers As Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Copyright Insurance Services Office Inc. 2003 GU4320 0504 Page 1 of 1 | 2 |
BITCO INSURANCE COMPANIES Issuing and Policyholder Servicing Office 3700 Market Square Circle Davenport IA 52807 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended you have a right to purchase insurance coverage for losses resulting from acts of terrorism as aetinea in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 THROUGH 2015 84 BEGINNING ON JANUARY 1 2016 83 BEGINNING ON JANUARY 1 2017 82 BEGINNING ON JANUARY 1 2018 81 BEGINNING ON JANUARY 1 2019 AND 80 BEGINNING ON JANUARY 1 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED Acceptance or Reiection of Terrorism Insurance Coveraae FAILURE TO RETURN THIS SIGNED FORM PRIOR TO POLICY INCEPTION INDICATING AN ELECTION TO PURCHASE TERRORISM COVERAGE AS DEFINED BY THE ACT WILL BE DEEMED YOUR REJECTION OF TERRORISM COVERAGE. HOWEVER PAYMENT OF THE TERRORISM PREMIUM PRIOR TO POLICY INCEPTION WILL BE DEEMED AN ACCEPTANCE OF THIS OFFER OF TERRORISM COVERAGE. Please indicate vour section by an X hereby elect to purchase terrorism coverage for a prospective premium of 31. hereby decline to purchase terrorism coverage for certified acts of terrorism. understand that will have no coverage for losses resulting from certified acts of terrorism. HERBST CONSTRUCTION INC. CUP 2 817 558 Name of Insured Policy Number BITCO GENERAL INSURANCE CORP. 030120 Name of Insurer Effective Date Policyholder Applicant s Signature Date Print Name BITCO INSURANCE COMPANIES BITCO General Insurance Corporation BITCO National Insurance Company GU4871 0416 | 2 |
BITCO General Insurance Corporation BITCO National Insurance Company COMMERCIAL UMBRELLA LIABILITY POLICY ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following changes which apply to your renewal policy being issued by us. These changes may reduce coverage. We are changing the following under the CUP 00 05 01 19 COMMERCIAL UMBRELLA LIABILITY POLICY. e SECTION 1 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions e. removing old wording and incorporating new wording to address unmanned aircraft in the exclusion. e SECTION 1 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions q. Adding a total pollution exclusion into the policy rather than adding it by endorsement. e SECTION 1 COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusion 18 Adding an Aircraft Exclusion that addresses unmanned aircraft. e SECTION 1 COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusion 19 Adding a total pollution exclusion into the policy rather than adding it by endorsement. e SECTION IV DEFINITIONS 24 removing old wording and incorporating new wording to clarify that underlying insurance means the coverages afforded under insurance policies designated in the schedule of underlying insurance on the Declarations Page of this policy e SECTION IV DEFINITIONS 26 adding a new definition for Unmanned aircraft to the policy. GU5182 0918 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA POLICY DECLARATIONS BITCO GENERAL INSURANCE CORPORATION A CAPITAL STOCK INSURANCE COMPANY 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 poLicy No. CUP 2 817 558 B Renewal of No. CUP 2 815 634 B NAMED INSURED AND MAILING ADDRESS HERBST CONSTRUCTION INC. P.0. BOX 728 LE MARS IA 51031 POLICY PERIOD From 030120 to 030121 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS Individual Partnership Limited Liability Company Joint Venture X Organization Other than Partnership Limited Liability Company or Joint Venture Business Description Bridge and tunnel construction IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMIT OF INSURANCE Policy Aggregate Limit 1000000. Self Insured Retention 10000. Each Occurrence or Offense not Covered by Underlying Insurance SCHEDULE OF UNDERLYING INSURANCE TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY EMPLOYERS LIABILITY Company BITCO General BITCO General BITCO General Policy No. CAP 3 691 593 B CLP 3 691 594 B WC 3 691 592 Policy From 030120 From 030120 From 030120 Period To 030121 To 030121 To 030121 Each Accident General Aggregate Bodily Injury Each Accident 1000000. 2000000. 500000. Limits Products Comp. Oper. Aggregate Bodily Injury By Disease Pol. Limit of 2000000. 500000. Liability Personal and Advertising Injury Bodily Injury By Disease Each Emp. 1000000. 500000. Each Occurrence 1000000. THE TOTAL ADVANCE PREMIUMIS 7 733. X Premium is a Flat Premium Charge. Premium Adjustable At Rate of per of or of liability premium for underlying policies X Subject to Minimum Premium of 7733. ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule of Forms and Endorsements Countersigned By Date Authorized Representative 030121 1201 A.M. Standard Time at your mailing address 6979 Insured Copy CUP D 00 01 0416 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED POLICY NUMBER HERBST CONSTRUCTION INC. CUP 2 817 558 GU3076 04 16 OTICE PRIVACY STATEMENT GU4320 05 04 ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPTS OFFICE OF FORELGN ASSETS CONTROL OFAC GU4871 04 16 OLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE GU5182 09 18 ADVISORY NOTICE TO POLICYHOLDERS CUP 00 01D 04 16 COMMERCIAL UMBRELLA POLICY DECLARATIONS COX2279 12 92 SCHEDULE OF FORMS AND ENDORSEMENTS CUP 00 05 01 19 COMMERCIAL UMBRELLA LIABILITY POLICY COVERAGE FORM CUP 00 13 02 99 EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS CUP 00 37 03 97 NAMED DRIVER EXCLUSIO CUP 00 40 03 97 EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE CUP 00 64 01 11 EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY CUP 00 69 02 99 CONTRACTORS LIMITATION ENDORSEMENT CUP 00 91 03 02 EXCLUSION FUNGUS OR BACTERIA CUP 00 96 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORIS CUP 00 98 02 04 SILICA EXCLUSIO CUP 01 03 03 97 LOWA CHANGES CUP 03 11 09 05 EXCLUSION OF TERRORIS CUP 03 12 01 07 BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED NSURANCE PROGRAM CUP 03 13 01 07 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CUP 03 20 12 13 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS CUP 24 73 10 00 EXCLUSION LEAD U4320 05 04 ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPTS OFFICE OF FOREIGN ASSETS CONTROL OFAC U4871 04 16 OLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE U5182 09 18 ADVISORY NOTICE TO POLICYHOLDERS UP 00 01D 04 16 COMMERCIAL UMBRELLA POLICY DECLARATIONS 0X2279 12 92 SCHEDULE OF FORMS AND ENDORSEMENTS UP 00 05 01 19 COMMERCIAL UMBRELLA LIABILITY POLICY COVERAGE FORM UP 00 13 02 99 EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS UP 00 37 03 97 IAMED DRIVER EXCLUSIO UP 00 40 03 97 EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE UP 00 64 01 11 EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILIT UP 00 69 02 99 CONTRACTORS LIMITATION ENDORSEMENT UP 00 91 03 02 EXCLUSION FUNGUS OR BACTERIA UP 00 96 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORIS UP 00 98 02 04 SILICA EXCLUSIO UP 01 03 03 97 OWA CHANGES UP 03 11 09 05 EXCLUSION OF TERRORIS UP 03 12 01 07 BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED NSURANCE PROGRAM UP 03 13 01 07 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US UP 03 20 12 13 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS UP 24 73 10 00 EXCLUSION LEAD REASURY DEPTS OFFICE SM INSURANCE COVERAGE RAGE FORM S AND OMISSIONS OR BACTERIA FIED ACTS OF TERRORISM GOX2279 1292 | 2 |
BITCO GENERAL INSURANCE CORPORATION COMMERCIAL UMBRELLA LIABILITY POLICY PLEASE READ THIS POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES COVERAGE AND COVERAGE RESTRICTIONS. The words you and your in this policy refer to the Named Insured in the Declarations. The words we us and our refer to the company providing this insurance. The word insured refers to any person or organization qualifying as such under SECTION Il WHO IS INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. SECTION COVERAGES In consideration of the payment of premium and subject to the Limit of Insurance shown in the Declarations page and all the exclusions terms and conditions of this policy we agree with you as follows COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage caused by an occurrence which takes place during the policy period and in the coverage territory. No other obligation or liability to pay or perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A and B This insurance applies to bodily injury and property damage only if prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION IIl WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer or 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or CUP 000501 19 Page 1 0f 26 Page 1 of 26 | 0 |
BITCO GENERAL INSURANCE CORPORATION 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2. EXCLUSIONS This insurance does not apply to a. Bodily injury or property damage either expected or intended from the standpoint of any insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Bodily injury or property damage arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable 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 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 Liability imposed on the insured or an underlying insurer under any of the following 1 Any uninsured motorists underinsured motorists first party bodily injury or property damage or any automobile no fault law or any similar law 2 Any workers compensation disability benefits or unemployment compensation law or any similar law 3 The Employee Retirement Income Security Act of 1974 as now or hereafter amended or 4 Arising out of the administration of any employee benefit plan. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned operated by rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion does not apply to the extent that you are obligated to pay by reason of the assumption of liability in an insured contract. Aircraft includes any unmanned aircraft. This paragraph 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 unmanned aircraft that is owned or operated by or rented or loaned to any insured. CUP 000501 19 Page 2 of 26 Page 2 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any watercraft owned operated by rented or loaned to any insured. Use includes operation and loading and unloading. This exclusion does not apply if insurance for such bodily injury or property damage is provided by underlying insurance however coverage for such bodily injury or property damage is subject to the same exclusions and limitations as are applicable in the underlying insurance. Exclusion f. 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 watercraft that is owned or operated by or rented or loaned to any insured. Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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. 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 CUP 000501 19 Page 3 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 5 That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it 7 Aircraft or watercraft rented loaned or chartered to used by or in the care custody or control of any insured 8 Your product arising out of it or any part of it 9 Your work arising out of it or any part of it and included in the Products Completed Operations Hazard. This does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor 10 Impaired property or property that has not been physically injured arising out of a A defect deficiency inadequate or dangerous condition in your product or your work or b A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Paragraph 2 of exclusion i. does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraph 1b 3 4 5 and 6 of exclusion i. do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of exclusion i. does not apply to property damage included in the Products Completed Operations Hazard. Paragraph 10 of exclusion i. 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. Bodily injury to 1 An employee executive officer or director of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. executive officer or director This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract CUP 000501 19 Page 4 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. 1 To 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 of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability 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 or i the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization 2 To bodily injury or property damage resulting from hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by operated by or on behalf of an insured or i has been discharged or dispersed therefrom. b 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 an 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 but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to property damage to such nuclear facility and any property thereat. As used in this policy Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CUP 000501 19 Page 5 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Waste means any waste material a 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 b 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. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of 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 than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. 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 Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CUP 000501 19 Page 6 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION n. Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person 2 The spouse child parent brother or sister of any person included in paragraph 1. above as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs 1 a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph 1 a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Bodily injury or property damage arising out of or alleged to have arisen out of the ownership maintenance use entrustment to others sponsorship or affiliation with any racing vehicle. As used in this exclusion the term racing vehicle means any self propelled vehicle which is designed for or used at any time in racing activities whether against other similar vehicles in formal or informal competitions or in demonstration activities whether on public roads or highways or off public roads or highways. Racing vehicle includes but is not limited to any dragster funny car hot rod Indy car stock car midget car or any similar self propelled vehicle. Bodily injury or property damage arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 1 Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and 2 Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include 1 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CUP 000501 19 Page 7 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or Suit 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. No other obligation or liability to pay or to perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGE A AND B. This insurance applies to personal and advertising injury only if caused by an offense 1 Committed in the coverage territory during the policy period and 2 Arising out of your business 2. EXCLUSIONS This insurance does not apply to a. Personal and advertising injury 1 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. 2 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 4 Arising out of a criminal act committed by or at the direction of any insured. 5 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 6 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement CUP 000501 19 Page 8 of 26 Page 8 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10 13 Arising out of the wrong description of the price of goods products or services stated in your advertisement. 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 16.a. b.. and f. of personal and advertising injury under the Definitions Section For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control 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. a To a person arising out of any i Refusal to employ that person i Termination of that person s employment or i Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person. b To the spouse child parent brother or sister of any person included in paragraph a above as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph a i ii or iiiy above occurs before employment during employment or after employment of that person This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury CUP 000501 19 Page 9 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 14 17 Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction 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. However caused arising directly or indirectly out of a b c War including undeclared or civil war Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a b Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include a b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. CUP 000501 19 Page 10 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 18 19 Arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants any time or Any loss cost or expense arising out of any a Request demand or order 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 on behalf of a government 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A AND B We have the right to defend any claim or suit against the insured seeking damages to which this insurance applies but 1. The amount we will pay for ultimate net loss is limited as described in SECTION IV LIMIT OF INSURANCE 2. At our discretion we may investigate any occurrence or offense and settle any claim or suit that may result 3. We will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we may undertake to do so but we will be entitled to the insureds rights against all other insurers 4. We have a duty to defend any claims or suits which are covered by this policy but not covered by any underlying insurance. We also have the duty to defend such claims or suits if the applicable limit of underlying insurance is used up but both our right and duty to defend any existing or future suits end when we have used up the applicable limit of insurance in the payment of judgments or settlements. When we have the duty to defend we will pay for a. All expenses we incur. b. Up to 250 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this policy applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. CUP 000501 19 Page 11 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in any suit we defend. Prejudgment interest awarded against the insured on that part of any judgment covered under this policy. If we offer the applicable limit of insurance in settlement of a claim or suit we will not pay for any prejudgment interest imposed or earned after the date of such offer. All interest earned on that part of any judgment within the limit of insurance after entry of judgment and before we have paid offered to pay or deposited in court that part of any judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. CUP 000501 19 Page 12 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.c.2 of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our Obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settiements or b. The conditions set forth above or the terms of the agreement described in paragraph f. above are no longer met. SECTION Iil WHO IS INSURED If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 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. 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. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a Toyou to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that co employee is either 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 unless such employee or volunteer worker is insured under any policy of underlying insurance. The coverage afforded such insureds under this policy will be no broader than the underlying insurance except for the policy s limit of insurance CUP 000501 19 Page 13 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by or loaned to 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. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to their duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b Coverage is applicable only in excess of the limits of underlying insurance as shown in the Declarations Page and you must add such organization to your underlying insurance as soon as practicable advising us of such additions. We may then make adjustment of premium charges as called for in Condition 9. Maintenance of Underlying Insurance c Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and d Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. Any person or organization not described in Paragraphs 2.a. 2.b. 2.c. 2.d. or 3 above which qualifies as an insured in any underlying insurance. However that person or organization is an insured only for damages a Which are covered by this insurance and b Which are covered by the underlying insurance or would be covered had its applicable limit of insurance not been used up. CUP 000501 19 Page 14 of 26 Page 14 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IV LIMIT OF INSURANCE The limit of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The policy aggregate limit is the most we will pay for a. All ultimate net loss under Coverage A and Coverage B except ultimate net loss because of injury or damage arising from the automobile hazard. However the policy aggregate will apply separately to 1 Each underlying insurance policy which has an aggregate limit or a policy limit and 2 The general aggregate and the products completed operations aggregate in your underlying general liability insurance policy. b. Each occurrence with regard to ultimate net loss because of injury or damage arising from the automobile hazard. If the limit of insurance is paid prior to this policy s termination date for losses other than losses arising from the automobile hazard this policy s premium is fully earned The limit of insurance applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance. SECTION V CONDITIONS APPEALS In the event the insured or any underlying insurer elects not to appeal a judgment in excess of the retained limit we may elect to do so. We shall be liable in addition to the limit of insurance for all costs taxes expenses incurred and interest on judgments incidental to such an appeal and for all such costs expenses and interest on appeals in connection with our right and duty to defend the insured under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS. CUP 000501 19 Page 15 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION BANKRUPTCY Bankruptcy insolvency or receivership of the insured the insured s estate or of any underlying insurer will not relieve us of our obligations under this policy but with regard to bankruptcy insolvency or receivership of any underlying insurer this policy shall not apply as a replacement of such bankrupt or insolvent insurer and our limits of insurance will apply only in excess of the required limits of insurance in the schedule of underlying insurance made a part of the declarations of this policy. CANCELLATION a. The first Named Insured shown in the Declarations may cancel this policy by delivering it to us or any of our authorized agents or by sending us written notice stating when the future cancellation will take effect. Cancellation will become effective the date of delivery of the policy to us or the date requested by the first Named Insured. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if we cancel because of a Nonpayment of premium whether payable directly to us or payable to our agents or others under any installment payment plan premium finance plan extension of credit or other payment plan b Any bankruptcy or debtor relief proceeding brought by or against you or 2 Thirty 30 days before the effective date of cancellation if we cancel for any other reason c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered any refund of unearned premium. f. If notice is mailed proof of mailing will be sufficient proof of notice CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. We shall not be bound by any assignment of interest by an insured unless our consent to such assignment is endorsed onto this policy. DUTIES IN THE EVENT OF OCCURRENCE. OFFENSE. CLAIM OR SUIT a. You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence which may result in a claim under Coverage A or an offense which may result in a claim under Coverage B of this policy. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons or witnesses and CUP 000501 19 Page 16 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 3 The nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or an offense is not notice of a claim. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations on our behalf. CUP 000501 19 Page 17 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10. 1. LEGAL ACTION AGAINST US No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us 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 obtained after an actual trial 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 limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. MAINTENANCE OF UNDERLYING INSURANCE You must keep the underlying insurance described in the Schedule of Underlying Insurance on the Declarations Page of this policy or renewal or replacement policies not more restrictive in their terms and conditions in full force and effect during the policy period of this policy. The limits of insurance must be maintained without reduction other than by payment of losses. You must also inform us within 30 days of any cancellation of any policy of underlying insurance or replacement of any policy of underlying insurance by the underlying insurer or any other insurer. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable under this policy only to the extent that we would have been liable had you complied with these obligations. You must notify us immediately of any changes in the terms of any underlying insurance policies. We may make adjustment of premium charges under this policy from the effective date of such changes to the terms of any underlying insurance policies. OTHER INSURANCE This insurance is excess over any other valid and collectible insurance whether primary excess contingent or on any other basis except other insurance written specifically to be excess over this insurance. The other insurance will be deemed valid and collectible regardiess of any defense asserted by any other insurer because of the insured s failure to comply with the terms of that other insurance. We will pay only our share of any amount of ultimate net loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under this or any other insurance. PREMIUM AUDIT a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured but not if such audit premium is less than the minimum premium shown in the Declarations CUP 000501 19 Page 18 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 12 13. 14. 15. 16. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. PREMIUMS The first Named Insured shown in the Declarations a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. REPRESENTATIONS By accepting this policy you agree a. The information shown on the Declarations Page is accurate and complete b. The information is based upon representations you made to us in your applications for this policy and c. We have issued this policy in reliance upon your representation. SEPARATION OF INSUREDS Except with respect to the limits of insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies. a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought SOLE AGENT The Named Insured first shown on the Declarations Page is authorized to act on behalf of all insureds with respect to giving or receiving notice of cancellation receiving refunds and agreeing to any changes in this policy. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Any recoveries shall be applied first to reimburse any interests including the insured s that may have paid any amounts in excess of our liability under this policy then to reimburse us for any payment hereunder and lastly to reimburse such interests including the insured s as to which this policy is excess as are entitled to the remainder if any. When we assist in pursuit of the insured s rights of recovery reasonable expenses resulting therefrom shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. If there should be no recovery as a result of proceedings instituted solely at our request we shall bear all expenses of such proceedings. CUP 000501 19 Page 19 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 17. 18. 19. 20. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. TITLES OF PARAGRAPHS The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to affect the provisions to which they refer. WHEN WE DO NOT RENEW If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. WHEN LOSS PAYABLE Our liability for ultimate net loss shall not apply until the insured or any underlying insurer shall be obligated to pay the retained limit. When ultimate net loss has been determined the insured may make claim for payment under this policy as soon as practicable thereafter. Such insured s obligation to pay any amount of ultimate net loss shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and us. SECTION VI DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2 Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Automobile hazard means liability arising out of the ownership use loading or unloading of any auto. CUP 000501 19 Page 20 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury means bodily injury sickness or disease to a person and if arising out of the foregoing shock humiliation disability mental anguish or mental injury including care loss of services or death resulting from any of these. Claim means any demand upon the insured including the service of suit papers or arbitration proceedings against the insured for damages or services alleging liability of the insured as the result of n occurrence or offense which may or may not be covered by this policy. Claim does not include reports of accidents or occurrences or any acts errors offenses or omissions which may give rise to aclaim. Coverage territory means anywhere in the world if the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico and Canada or in a settlement we agree to. 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. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 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 contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad. d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CUP 000501 19 Page 21 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads 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 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 CUP 000501 19 Page 22 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 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 will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to employees of the Named Insured bodily injury caused by accident or disease. Offense means any of the offenses included in the definition of personal and advertising injury. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a False arrest detention or imprisonment b Malicious prosecution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor d Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e Oral or written publication of material that violates a person s right of privacy or CUP 000501 19 Page 23 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 17 18 f Discrimination because of race religion age sex or physical disability except 1 Discrimination suffered or allegedly suffered by employees former employees or applicants for employment of an insured 2 Discrimination committed by or at the direction of the insured or 3 If insurance for discrimination is prohibited by law. g Misappropriation of advertising ideas or style of doing business in your advertisements or h Infringement of copyright title or slogan in your advertisements. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. b. However your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 3 When that particular 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. c. The hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured. 2 The existence of tools uninstalled equipment or abandoned or unused material. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 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 CUP 000501 19 Page 24 of 26 Page 24 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 20 21. 22 23 24 25 26 Retained limit means the greater of a. That amount of underlying insurance applicable to any claim or suit whether such underlying insurance is collectable or not or b. The amount of self insured retention as shown in the Declarations of this policy. Self insured retention means the dollar amount specified in the Declarations. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. 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. Ultimate net loss means the total amount of damages for which the insured is legally liable in payment of bodily injury property damage or personal and advertising injury. Ultimate net loss may be established by adjudication arbitration or a compromise settlement to which we have previously agreed in writing. Ultimate net loss shall be reduced by any recoveries or salvages which have been paid or will be collected but the amount of ultimate net loss shall not include any expenses incurred by any insured by us or by any underlying insurer. Underlying insurance means the coverages afforded under insurance policies designated in the schedule of underlying insurance on the Declarations Page of this policy. Underlying insurance also includes any policies issued to renew or replace these policies during the policy period of this insurance but only if such other insurance provides a. At least the same limits of liability insurance and b. At least the same liability coverages as are provided in the renewed or replaced policies. If the limit of a coverage available under a policy designated in the schedule of underlying insurance on the Declarations Page of this policy is less than the limit shown in such schedule then such coverage is not included in the definition of underlying insurance. The policies and limits stated in the Declarations for underlying insurance and any renewals or replacements thereof apply whether or not such is collectible. Underlying insurer means any company issuing any policy of underlying insurance. Unmanned aircraft means an aircraft that is not a. Designed b. Manufactured or Modified after manufacture to be controlled directly by a person from within or on the aircraft. CUP 000501 19 Page 25 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 27. 28 29 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 a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. 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 a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representation s made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. CUP 000501 19 Page 26 of 26 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS The following exclusion is added to COVERAGES A and B Section I This insurance does not apply to bodily injury property damage personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2. Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. CUP 00 13 02 99 | 2 |
INSURED HERBST CONSTRUCTION INC. poLicY CUP 2 817 558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED DRIVER EXCLUSION Voiding Insurance For Named Person While Driving Or Operating Any Auto Itis agreed that the policy does not apply to bodily injury or property damage arising out of the operation or use of any auto while it is being driven or operated by the following named person Name of Person Jose Rodriguez Valdez CUP 0037 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE Itis agreed that 1 We will pay on behalf of the insured the ultimate net loss in excess of the applicable limits of insurance of the Employee Benefits Liability Form listed in the schedule of underlying insurance but only to the extent insurance for administering employee benefit programs is provided by that form and subject to all its limitations other than limits of insurance Subject otherwise to Section IV LIMIT OF INSURANCE of this policy. a. The amount stated in the declarations as the aggregate limit of our liability is the most we will pay for all ultimate net loss arising out of all employee benefit programs for which insurance is provided in paragraph 1. above performed during the policy period. b. The aggregate limit of our liability applies separately to a. above and 2.a.1 2 and b. of Section IV LIMIT OF INSURANCE of this policy. CUP 00 40 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by any engineer architect or surveyor or any additional insured who is an insured under the policy or is performing work on behalf of any insured in a professional capacity Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. CUP 0064 01 11 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATION ENDORSEMENT Itis agreed that I This policy does not apply A. To any liability for bodily injury property damage any project insured under a wrap up rating plan personal and advertising injury arising out of B. To property damage to leased or rented equipment C. To property damage included within the explosion hazard the collapse hazard or the underground property damage hazard unless insurance therefor is provided by a policy of Underlying Insurance at the full limits of insurance as stated in the declarations of this policy and then only for such hazards for which coverage is afforded under said Underlying Insurance. IIl. The following additional definitions apply when used in reference to this policy Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under pressure prime movers machinery or power transmitting equipment Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Structural property damage means the collapse of or structural injury to any building or structure due to 1 Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2 Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property and any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. CUP 00 69 02 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGUS OR BACTERIA This insurance does not apply to any 1 Bodily injury property damage or personal and advertising injury arising out of resulting from caused or contributed to directly or indirectly by a. Any fungusi or spores or bacteria or b. Any substance mycotoxin vapor gas or byproduct produced by or arising out of or released by any fungusi or spores or bacteria or 2. The loss costs or expense of testing for monitoring abatement mitigation removal containment remediation neutralization detoxification or disposal of fungusi or spores or bacteria. This exclusion also includes a. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores or bacteria to the extent that it results in causes or contributes to such injury or damage or b. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above or c. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage The above applies regardless of any other cause event material product or building component that contributed concurrently or in any sequence to such injury or damage For the purpose of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi CUP 0091 03 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 0096 01 15 Padge 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SILICA EXCLUSION This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury which is in whole or in part actually or allegedly caused by arises out of results from relates to or is contributed to by silica in any form exposure to silica in any form the use of silica in any form or the presence of silica in any form either alone or in combination with other substances or factors irrespective of the form or condition of the silica and irrespective of whether the silica is or was included in a product or otherwise. Any damages for bodily injury property damage or personal and advertising injury or any loss cost or expense arising out of the abatement testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the presence absence amount or effects of silica irrespective of the form or condition of the silica by any insured or any other person entity or governmental authority. Any obligation to share damages with indemnify or repay any person or entity in connection with paragraphs 1 andor 2 above CUP 0098 02 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES SECTION V CONDITIONS is amended as follows Condition 3. CANCELLATION is replaced by the following 3. CANCELLATION a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. 1 4 We may cancel this policy by mailing or delivering to the first Named Insured and any loss payee written notice of cancellation at least a 30 days before the effective date of cancellation if we cancel due to loss of reinsurance coverage b 10 days before the effective date of cancellation if we cancel for any other reason If this policy is a new policy and has been in effect for less than 60 days we may cancel for a loss of reinsurance subject to 4 below or b any other reason. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons a Nonpayment of premium b Misrepresentation of fraud made by or with your knowledge in obtaining the policy when renewing the policy or in presenting a claim under the policy. c Acts or omissions by you that substantially change or increase the risk insured d Determination by the Commissioner that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state e You have acted in a manner which you knew or should have known was in violation or breach of a policy term or condition or Loss of reinsurance subject to 4 below. We may cancel due to loss of reinsurance which provides coverage to us for a significant portion of the underlying risk insured but only if the Commissioner determines that such cancellation is justified. c. We will mail or deliver our notice to the first Named Insured s and any loss payee s last known address known to us CUP 010303 97 Page 10of 2 | 2 |
Notice of cancellation will state 1 The reason for cancellation and 2 The effective date of cancellation. The policy period will end on that date If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or ordered a refund. If notice is mailed a post office department certificate of mailing is proof of receipt of notice. However if cancellation is for nonpayment of premium a certificate of mailing is not required. Condition 19. WHEN WE DO NOT RENEW is replaced by the following 19 WHEN WE DO NOT RENEW a. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if 1 We have offered to issue a renewal policy or 2 You have failed to pay a premium due or any advance premium required by us for renewal If notice is mailed a post office department certificate of mailing is proof of receipt of notice. CUP 010303 97 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This form applies only to auto liability coverage. This endorsement modifies insurance provided under the following A. The following definitions are added and apply under B. The following exclusion is added this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2 EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies onlv when one or more of the followina are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4 Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 11 09 05 Page 1 of 2 | 2 |
6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. With respect to this Exclusion Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 11 09 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED INSURANCE PROGRAM The following exclusion is added to paragraph 2. EXCLUSIONS of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section Coverages This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of either your ongoing operations or operations included within the products completed operations hazard at any location or project for which a consolidated insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03 120107 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The Transfer of Riahts of Recoverv Adainst Others to Us Condition 16. of SECTION V is amended by the addition of the following If required by a written contract executed prior to loss we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your work for that person or organization. CUP 03 13 0107 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following A. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrication preparation distribution and sale installation application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. The following definition is added to the Definitions Section Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. 2. A rigid or semi rigid insulation board made of expanded polystyrene and other materials The adhesive andor mechanical fasteners used to attach the insulation board to the substrate A reinforced or unreinforced base coat A finish coat providing surface texture to which color may be added and Any flashing caulking or sealant used with the system for any purpose. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 03201213 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This policy does not apply to 1. Bodily injury personal and advertising injury or property damage arising out of the actual alleged or threatened exposure to lead paint containing lead or any other material or substance containing lead or 2. Any loss cost or exposure arising out of any a. Request demand or order that any insured or others test for monitor clean up remove or contain failure to disclose existence of or in any way respond to or assess the effects of lead paint containing lead or any other material or substance containing lead or Claim or suit by or on behalf of any person organization or governmental authority for damages because of testing for monitoring cleaning up or removing containing failure to disclose existence of or in any way responding to or assessing the effects of lead paint containing lead or any other material or substance containing lead. CUP 2473 1000 | 2 |
Fkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkhkkkkkkkk THE POLICY PROVISIONS WITH THE INFORMATION PAGE AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THIS POLICY kkkkkkkkkhkkkhkhkkkhkkkhkhkkkhkhkkkhkhkkhkhkkkhkhkkkhkkkhkhkkhkhkkhkhkhkkkkkkk In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. Lo S G Mf Chief Executive Officer GU4846 0119 | 2 |
CHUBRB Chubb Commercial Excess And Umbrella Insurance Premium Bill Policy Period Effective Date Policy Number Insured FEBRUARY 252021 To FEBRUARY 252022 FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued February 26 2021 Producer LOCKTON COMPANIES LLC THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT TO AGENT OR BROKER IF APPLICABLE Coverage Commission Rate Premium 15.00 3385.00 COMMERCIAL UMBRELLA Total 3385.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 99.00 Form 07 10 0542 Ed. 10 06 Premium Bill Page 10of 1 | 2 |
cHUBBE IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula st forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we. indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses specified the premium we would charge if any for providing such insurance and. except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism hown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Rejection of such statutory insurance is legally prohibited. is aworkers compensation policy rejection of insurance for terrorism is legally prohibited. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form 99 10 0732 Rev. 1 15 Important Notice Page 10of 1 | 2 |
cHUBBE IMPORTANT NOTICE TO POLICYHOLDERS This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww.treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Form 99 10 0792 Ed. 9 04 Important Nofice Page 107 1 | 2 |
POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. Form 99 10 0872 Ed. 6 07 Policyholder Nofice Page 10f 1 | 2 |
cHUBB Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Policy Number 7988 10 34 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of INDIANA Named Insured and Mailing Address TORTOISEECOFIN INVESTMENTS LLC 5100 W 115TH PLACE LEAWOOD KS 66211 Producer No. 115579 0037949 Incorporated under the laws of INDIANA Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From FEBRUARY 252021 To FEBRUARY 252022 1201 A.M. standard time at the Named Insured s mailing address shown above. Premium 3385.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 5000000 Umbrella Coverages Aggregate Limit 5000000 Products Completed Operations Aggregate Limit SEE BELOW Advertising Injury and Personal Injury Aggregate Limit 5000000 Each Occurrence Limit 5000000 INCLUDED IN THE OTHER AGGREGATE LIMIT Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY A7 f At Kwg Secretary President Q B Authorized Representative g Date February 26 2021 Chubb lnsuredk Chubb. Insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 2267 Ed. 2 09 Declarations Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Limits Effective Date FEBRUARY 25 2021 Policy Number 7988 10 34 Insured TORTOISEECOFIN INVESTMENTS LLC Description Limits Employers Liability Insurer CHUBB INDEMNITY INSURANCE COMPANY Policy No. 71771058 Coverage B Employer s Liability Policy Period 01312021 Bodily Injury By Accident to 01312022 1000000 Each Accident Bodily Injury By Disease 1000000 Policy Limit 1000000 Each Employee Commercial General Liability Insurer Policy No. Policy Period to Occurrence GREAT NORTHERN INSURANCE COMPANY 3594 20 79 02252021 02252022 1000000 2000000 SEE BELOW 1000000 Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable PRODUCTS COMPLETED OPERATIONS AGGREGATE IS INCLUDED IN THE GENERAL AGGREGATE LIMIT Employee Benefits Liability Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3594 20 79 Policy Period 02252021 to 02252022 1000000 Each Claim 2000000 Aggregate Claims Made Retroactive Date 09272011 Defense expenses included in the Limits of Insurance Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 1074 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Limits Effective Date FEBRUARY 25 2021 Policy Number 7988 10 34 Insured TORTOISEECOFIN INVESTMENTS Description Foreign Automobile Liability Insurer ACE AMERICAN INSURANCE COMPANY Policy No. PHFD38242842 003 Policy Period 01032021 to 11072021 1000000 Each Accident Claims Made Retroactive Date 01032021 Foreign Employer s Liability Insurer ACE AMERICAN INSURANCE COMPANY Policy No. PHFD38242842 003 Policy Period 01032021 to 11072021 1000000 Each Accident 1000000 Each Policy 1000000 Each Employee Occurrence Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 2074 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Limits Effective Date FEBRUARY 25 2021 Policy Number 7988 10 34 Insured TORTOISEECOFIN INVESTMENTS Description Foreign General Liability Insurer ACE AMERICAN INSURANCE COMPANY Policy No. PHFD38242842 003 Policy Period 01032021 to 11072021 1000000 Each Occurrence 1000000 1000000 1000000 Aggregate Personal and Advertising Injury aggregate when applicable Products Completed Operations Aggregate Occurrence Non Owned Hired Auto Liability Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 7357 04 85 Policy Period 02252021 to 02252022 1000000 Each Accident Occurrence Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 3074 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Limits Effective Date Policy Number Insured Description Authorization All other terms and conditions remain unchanged. Q Authorized Representative gqO February 26 2021 Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 407 4 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Schedule Of Forms Policy Period Effective Date Policy Number Insured FEBRUARY 252021 To FEBRUARY 252022 FEBRUARY 252021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued February 26 2021 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL PREMIUM BILL DEFENSE WITHIN LIMITS NOTICE IMPORTANT NOTICE TO POLICYHOLDERS TRIA 2002 IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS SCHEDULE OF UNDERLYING INSURANCE CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE KANSAS CANCELLATION AND WHEN WE DO NOT RENEW COMPLIANCE WITH APPLICABLE TRADE SANCTIONS COVERAGE CRISIS ASSISTANCE EXCESS AND UMB COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS ADVERTISING INJURY EXCL. COV. B CARE CONTROL OR CUSTODY POLICY EXCLUSION DATA PROCESSING POLICY EXCLUSIONS SUPPLEMENTARY PAYMENTS CLAIMS MADE COV. A EXCESS FOLLOW FORM FOREIGN LIABILITY EXCL. BI PD AI PI COV. B PROFESSIONAL SERVICES EXCL MONEY AND SECURITIES EXCL. PERSONAL INJURY EXCLUSION COV. B POLLUTION HOSTILE FIRE EXCL. COV. A PRODUCTS COMPLETED COV. B EXCLUSION EXCLUSIONS UMBRELLA COVERAGE B FORECLOSURE AND RELATED LIABILITY EXCLUSIONS UMBRELLA COV. B TRUST Chubb Commercial Excess And Umbrella Insurance 07 10 0542 07 10 05421 07 10 0384 99 10 0732 99 10 0792 99 10 0872 07 02 2267 07 02 0922 07 02 0815 07 02 1006 07 02 1988 07 02 2440 07 02 2483 07 02 0824 07 02 0837 07 02 0843 07 02 0845 07 02 0859 07 02 0861 07 02 0864 07 02 0878 07 02 0884 07 02 0887 07 02 0890 07 02 0937 07 02 0938 1006 1006 0701 0115 0904 0607 0209 0701 0701 0502 0204 1210 0312 0701 0701 0701 0701 0701 0701 0701 0701 0701 0701 0701 0519 0519 Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 10f 2 LIMITS NOTICE CE TO POLICYHOLDERS TRIA 2002 ICE OFAC POLICYHOLDER NOTICE CESS AND UMBRELLA DECLARATIONS IDERLYING INSURANCE CIAL EXCESS UMBRELLA INSURANCE LATION AND WHEN WE DO NOT RENEW H APPLICABLE TRADE SANCTIONS S ASSISTANCE EXCESS AND UMB ONS OR DOMESTIC PARTNERSHIPS URY EXCL. COV.B OR CUSTODY POLICY EXCLUSION G POLICY EXCLUSIONS PAYMENTS OV. A EXCESS FOLLOW FORM TY EXCL. BI PD AI PI COV. B ERVICES EXCL URITIES EXCL. Y EXCLUSION COV. B TILE FIRE EXCL. COV. A LETED COV. B EXCLUSION BRELLA COVERAGE B FORECLOSURE AND RELATED BRELLA COV. B TRUST | 2 |
EXCLUSIONS UMBRELLA COVERAGE B LEASED PROPERTY POLICY EXCLUSIONS FINANCIAL INSTITUTION ACTIVITIES SECURITIES TRADE PRACTICES EXCL. PREMIUM INSTALLMENTS CONDITION NAMED INSURED BIOLOGICAL AGENTS COV. B EXCL. CAP ON CERTIFIED TERRORISM LOSSES POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN LIMITS EXCESS COVERAGE OTHER AGGREGATE LIMIT EXCLUSIONS CONSTRUCTION OR DEVELOPMENT COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS CRISIS ASSISTANCE SERVICE PROVIDERS POLICY EXCL LOSS OF USE OF ELECTRONIC DATA EXCL UMB COV B ACCES DISCL CONFID PERS INFO COVERAGE B EXCLUSION WAR 07 02 0939 07 02 0940 07 02 0942 07 02 0950 07 02 1477 07 02 1691 07 02 1961 07 02 2172 07 02 2184 07 02 2244 07 02 2420 07 02 2455 07 02 2500 07 02 2614 07 02 2735 0519 0319 0701 0701 0701 0701 0115 0113 0105 0108 0510 1210 0512 0317 0317 Chubb Commercial Excess And Umbrella Insurance Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Table Of Contents rapic Ui CUNILCTIto Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions Page No. N 33556668mm1W Zum Form 07 02 0875 Rev. 7 01 Contract Page 107 32 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0875 Rev. 7 01 Contract Page 20f 32 | 2 |
Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Coverage Excess Follow Form Coverage A Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applics which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule OF Underlying Insurance unless a term or condition contained in this coverage differs from any term or condition contained in the applicable underlying insurance or isnot contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages Umbrella Coverage B Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Property Damage behalf of the insured loss by reason of liability Liability Coverage. imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 307 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Personal Injury Liability Coverage Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 40 32 | 1 |
cHUBBE Investigation Defense And Settlements Chubb Commercial Excess And Umbrella Insurance Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit to which this insurance does not apply or ifany other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. the costof a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. 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 such claim or suit including actual loss of carnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 50 32 | 1 |
Supplementary 6. interest on the full amount of a judgment that accrues after entry of the judgment Payments and before we have paid offered to pay or deposited in court the part of the continued judgment that is within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess Follow Form Coverage A Umbrella Coverage B With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applics. With respect to Umbrella Coverage B this insurance applies anywhere. Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations Excess Follow Form 9ualify as insureds Coverage A. the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured Umbrella Coverage B Sole Proprietorships With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. If you are an individual you and your spouse are insureds but you and your spouse arc insureds only with respect to the conduct of a business of which you are the sole owner. If you die persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 6 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies 1f you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Other Organizations Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons other than your employees or organizations while acting as your real estate managers arc insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence or occurrence that occurs or offense that is committed after the equipment lease ends. Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence. occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or structural alteration new construction or demolition operations performed by or on behalf of them. Lessors Of Premises Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 70 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly If there is no other insurance available the following organizations will qualify as named Acquired Or Formed insureds Organizations asubsidiary organization of the first named insured shown in the Declarations of which uch first named insured at the beeinnine of the policv period and at the time of los If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls cither directly or indirectly more than fifty S0 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 8 0f 32 | 1 |
Limits Of Insurance continued Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance The aggregate limits apply separately to cach consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as cach aggregate limit so applies in each coverage or policy described in the Schedule OF Underlying Insurance. Umbrella Coverages Aggregate Limit Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss included in the products completed operations hazard or arising out of advertising injury or personal injury. Products Completed Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is Operations Aggregate Limit the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Advertising Injury And The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the Personal Injury Aggregate sum of loss for advertising injury and personal injury even if such loss is or otherwise would Limit be covered in whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that s less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 907 32 | 1 |
When Excess Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Follow Form Coverage A if the applicable underlying limits are Coverage A Applies reduced by payment of judgments settlements or related costs or expenses if such costs Drop Down or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Exclusions With respect to Excess Follow Form Coverage A the following exclusions apply. Excess Follow Form Coverage A Pollution A. This insurance does not apply to any liability or loss cost or expense arising o lleged or threatened discharge. dispersal. seepage. migration release o This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. 2. atorfrom any premises site or location a. which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution b. on which any insured or any contractor or subcontractor working dire continued indirectly on any insured s behalf is performing operations if the oper are to test for monitor clean up remove contain treat detoxify or b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. D. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B the following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the Without Crew ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is loaned or rented to you with a paid trained crew and not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 11 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. Damage To Impaired This insurance does not apply to property damage to Property Or Property Not Physically Injured impaired property or property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property This insurance does not apply to property damage to any property owned by you or ofany insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act Injury. isintended by the insured or This insurance does not apply to bodily injury or property damage arising out of an act that isintended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of L you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reports all or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or. that is not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Umbrella Coverage B Coverage the following exclusions apply. Advertising Injury Personal Injury Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that. is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To This insurance does not apply to advertising injury or personal injury arising out of the Representations Or failure of goods products or services to conform with any electronic oral written or other Warranties representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Prior Offenses Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With This insurance does not apply to advertising injury or personal injury arising out of an Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insu. with knowledoe of its falsitv or This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or. if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of Prices This insurance does not apply to advertising injury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B 4 Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker A. This insurance does not apply to bodily injury property damage advertising injury Injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of A. This insurance does not apply to bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone clse who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual or alleged assertion or infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applics unless such injury s caused by an offense described in the definition of advertising injury and does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Pollution A. This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying o neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work This insurance does not apply to damages claimed for any loss cost or expense incurred by you Or Impaired Property or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work if such product work or property is withdrawn or recalled from the market or from use by any Or Impaired Property person or organization because of a known or suspected defect deficiency inadequacy or continued dangerous condition in it. With respect to all coverages under this contract the following exclusions apply. A This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. This nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of ashestos or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of ashestos. Policy Exclusions Asbestos Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage no fault law personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement Income Security Laws This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act ER.LS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3 coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement breach of any express or implied covenant coercion criticism humiliation prosccution or retaliation defamation or disparagement demotion discipline cvaluation or reassignment discrimination harassment or segregation NS AW a. eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 11 other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies whether the insured may be liable as an employer or in any other capacity and. to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. A. This insurance does not apply to any liability or loss cost or expense 1. with respect to which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material 1. if the nuclear material a. isatany nuclear facility owned by or operated by or on behalf of any insured Nuclear Energy Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Policy Exclusions b. has been discharged or dispersed therefrom or is contained in nuclear fuel or nuclear waste at any time transported handled stored dispose ed or used by or on behalf of any insured c Nuclear Energy continued processed treated pe b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Conditions Appeals With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. Audit Of Books And Records We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. state will not relieve us of our Bankruptey or insolvency of the insured or of the insured obligations under this Bankruptcy Cancellation The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days or twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The carned premium will be computed on a pro rata basis. Any uncarned premium will be returned as soon as practicable. Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance rance which are in conflict with the applicable statutes of the State in.ued are amended to conform to such statutes. Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. Disclosures And Representations We have issued this insurance Based upon representations you made to us and. in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any insurers of underlying insurance are notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the names and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. If a claim is made or suit is brought against any insured you must 1. immediately record the specifics of the claim or suit and the date received 2. notify us and any other insurers as soon as practicable and 3. seeto it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. Notice given by or on behalf of 1. the insured Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
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