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CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of 2. the injured person or glcc rence tOffensel 3. any other claimant laim Or Suit continued to a licensed agent of ours with particulars sufficient to identify the insured shall b deemed notice to us. G. 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. If a claim or loss does not reasonably appear to involve cither this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may. make inspections and surveys at any time give you reports on the conditions we find and recommend changes. Any inspections surveys reports or reccommendations 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 e safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Joint Duties In Non Admitted Jurisdictions With respect to an occurrence offense claim or suit to which this insurance applics that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. youand any other insured must Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions 2. obtain our approval for any payment and continued 3. effect approved payments to others in accordance with the terms and conditions of 1. make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. C. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applies. D. we will make those reimbursements 1. inajurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us No person or organization has a right under this insurance to joinusas a party or otherwise bring us into a suit secking damages from an insured or sueus on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue s to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial in a civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Maintenance Of Underlying We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see to it that Insurance And Underlying Limits underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule O Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits arc and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Failure to comply with this condition will not invalidate this insurance. But in the case of any Insurance And Underlying such failure our obligation or liability will not exceed that which would have applied absent Limits any failure to comply with this condition. continued You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. Other Insurance If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and ofall deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies. as if each named insured were the only named insured and scparately to cach insured against whom claim is made or suit is brought. Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Duties Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Rights Of Recovery Against Others continued Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings.. Then you are entitled to claim for any further amount recovered. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 24 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Advertisement WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily Injury Bodily injury means physical injury sickness or disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to oceur at the time of the physical injury sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. you have failed to fulfill the terms or conditions of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or. your fulfilling the terms or conditions of the contract or agreement. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT zgg ueel Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured Contract Insured contract means an oral or written contract or agreement pertaining to your business. in which vou me the tort liability of another person or organization to pay damage Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applies sustained by a third person or organization provided the injury or damage occurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Property Law Intellectual property law or right means any Or Right certification mark copyright patent or trademark including collective or service marks rightto or judicial or statutory law recognizing an interest i any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Leased Worker Loading Or Unloading Loading or unloading A. means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft auto or watercraft. Occurrence Oceurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 26 of 32 | 1 |
CHUBBRE Definitions Umbrella Coverage B continued Personal Injury Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosecution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy E. discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you and arising out of your product or your work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. does not include bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured 2. the existence of tools uninstalled equipment or abandoned or unused materials or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property Damage Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to oceur at the time of the physical injury that caused it or loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your Product Your product A. means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. aperson or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your work A means any 1. work or operations performed by a. youoron your behalf or b. aperson or organization whose assets or business you have acquired and Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT Umbrella Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materi arts or equipment furnished in connection with such work or continued operation B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Agreed Settlement Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss Loss means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are not licensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Facility Nuclear Hazardous Properties Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear Material Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property damage includes all forms of radioactive contamination of property. Nuclear Reactor Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Nuclear Spent Fuel Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 30 of 32 | 1 |
cHUBBE Policy Definitions continued Nuclear Waste Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material. containing nuclear material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A or B. of the definition of nuclear facility. Nuclear Waste Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of loss. Other insurance docs not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance consisting of amount 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardiess of the reason available under any applicable antecedent renewal or replacement of underlying insurance of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. If amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 32 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Conditions the condition titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions Kansas Mandatory Cancellation We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons nonpayment of premium this policy was issued because of material misrepresentation you orany other insured violated any of the material terms and conditions of this policy. unfavorable underwriting factors specific to you exist that were not present at the inception of this policy. a determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or. a determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. Chubb Commercial Excess And Umbrella Insurance. Conditions Kansas Cancellation And When We Do Not Renew Form 07 02 1006 Rev. 5 02 Endorsement Page 107 2 | 2 |
Conditions Kansas Mandatory continued When We Do Not Renew If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first named insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Conditions Kansas Cancellation And When We Do Not Renew Form 07 02 1006 Rev. 5 02 Endorsement Page 201 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Conditions the following condition is added to the policy Conditions Compliance With Applicable Trade Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions Form 07 02 1988 Rev. 2 04 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 SCHEDULE A Limits Of Insurance Crisis Assistance For Excess And Umbrella Aggregate Limit The lesser of 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. Coverage Crisis Assistance For Excess And Umbrella A section titled Coverage Crisis Assistance For Excess And Umbrella is added to this contract. Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured crisis assistance expenses up to the amount of the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of thi insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement. A crisis event will be deemed to end one hundred and cighty 180 days after the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance. Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 10f 3 | 2 |
Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the Excess And Umbrella most we will pay for crisis assistance expenses. Aggregate Limit The Crisi istance For Excess And Umbrella Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit applics to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. Conditions Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event 5 B. one of the crisis assistance service providers is notified by telephone and we are notified. To the extent possible notice should include 1. how when and where the crisis event took place 2. the names and addresses of any injured persons and witnesses 3. the nature and location of any injury or damage arising out of the crisis event and 4. the reason why the event is likely to involve injury or damage covered by this policy and involve significant adverse regional or national media coverage. Other Crisis Assistance 1f you have other insurance that provides coverage for cris sistance also covered by this Insurance insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Expenses Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and directly attributable to that crisis event expenses to secure the scene of a crisis event fees charged by a crisis assistance service provider shown in Schedule B for professional service or advice funeral or related service expenses psychological or grief counseling expenses temporary living expenses Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 2 0f 3 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number FEBRUARY 252021 7988 10 34 Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A. shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsement to this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A. damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 2. retained limits andor 3. other insurance and B. significant adverse regional or national media coverage. Schedule B Cri Assistance Service Providers Please see listing of Crisis Assistance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q B Authorized Representative u February 26 2021 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 3 0f 3 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Conditions the following condition is added. Conditions Civil Unions Or Domestic All references in the policy to spouse include a party to a civil union or domestic partnership Partnerships recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships Form 07 02 2483 Ed. 3 12 Endorsement Page 1of 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Advertising Injury This insurance does not apply to advertising injury. It is agreed that with respect to Coverages Umbrella Coverage B Advertising Injury Personal Injury all references in the policy to advertising injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Q Authorized Representative gqO February 26 2021 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Form 07 02 0824 Rev. 7 01 Endorsement Page 10of 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Care Control Or Custody This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property Real and personal property All other terms and conditions remain unchanged. Q Authorized Representative gqO February 26 2021 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Care Control Or Custody Form 07 02 0837 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Data Processing This insurance does not apply to any liability or loss cost or expense arising out of the use or misuse of any data faulty data any errors or omissions in program design or application or the failure of any computer equipment or computer service to accomplish its intended purpose. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Data Processing Form 07 02 0843 Rev. 7 01 Endorsement Page 1 0of 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Supplementary Payments is deleted in its entirety and replaced by the following Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. 2. the expenses we incur. the cost of a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 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. 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 Supplementary Payments Form 07 02 0845 Rev. 7 01 Endorsement Page 10f 2 | 2 |
Supplementary Payments continued 6. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty C. under Excess Follow Form Coverage A if supplementary payments of the applicable underlying insurance reduce the limits of underlying insurance then Supplementary Payments made under this coverage will reduce the Limits Of Insurance of this insurance. donot reduce the limits of underlying insurance then Supplementary Payments made under this coverage will not reduce the Limits Of Insurance of this insurance. D. under Umbrella Coverage B 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. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Supplementary Payments Form 07 02 0845 Rev. 7 01 Endorsement Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Umbrella Retroactive Date Underlying Insurance Description Company Policy No. Umbrella Retroactive Date Underlying Insurance Description Company Policy No. 09272011 Employee Benefits Liability GREAT NORTHERN INSURANCE COMPANY 3594 20 79 01032021 Foreign Automobile Liability ACE AMERICAN INSURANCE COMPANY PHFD38242842 003 Under Coverage Excess Follow Form Coverage A the following provisions are added Coverage Excess Follow Form Coverage A Claims Made Insurance And Extended Reporting Periods Provided the applicable underlying insurance described in this Endorsement is claims made insurance this coverage applics only if the injury or damage did not oceur or the offense that causes the injury was not first committed as applicable before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance and a claim with respect to such injury or damage is first made during the policy period of this insurance or any Extended Reporting Period we provide. When Extended Provided the applicable underlying insurance provides extended reporting periods we will Reporting Periods Apply provide Extended Reporting Periods as described below. We will automatically provide a Basic Extended Reporting Period and if you purchase it a Supplemental Extended Reporting Period if Chubb Commercial Excess And UmbrellaInsurance Coverage Excess Follow Form Coverage A Claims Made Form 07 02 0859 Rev. 7 01 Endorsement Page 1074 | 2 |
this insurance is canceled or not renewed or we renew or replace this insurance with other insurance that 1. has aretroactive date later than the Retroactive Date shown in this Endorsement or 2. is not claims made insurance. How Extended Reporting Extended Reporting Periods Periods Apply A apply only to claims with respect to 1. injury or damage that did not occur or 2. injury caused by an offense that was not first committed before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance. do not 1. extend the policy period or change the scope of coverage provided or 2. reinstate or increase the Limits Of Insurance. may not be canceled once in effect. Basic Extended Reporting Period A Basic Extended Reporting Period is automatically provided. This period starts with the end of the policy period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance for claims made with respect to injury or damage caused by an occurrence or offense reported to us not later than sixty 60 days after the end of the policy period of this insurance in accordance with paragraphs A. and B. of the condition titled Duties In the Event Of Occurrence Offense Claim Or Suit. yetno longer than sixty 60 days with respect to claims resulting from occurrences or offenses not previously reported to us. Such claims will be deemed to have been made during the policy period of this insurance. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance otherwise applicable to such claims. Supplemental Extended Reporting Period A Supplemental Extended Reporting Period is available but only by an endorsement and for an additional premium subject to the following provisions. If purchased this period starts at the later of the end of the policy period of this insurance or the end of the applicable Basic Extended Reporting Period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance. Claims first made during this Supplemental Extended Reporting Period will be deemed to have been made during the policy period of this insurance. You must give us a written request to purchase a Supplemental Extended Reporting Period within sixty 60 days after the end of the policy period of this insurance. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium for the Supplemental Extended Reporting Period Endorsement in accordance with our rules and rates. Chubb Commercial Excess And UmbrellaInsurance Coverage Excess Follow Form Coverage A Claims Made Form 07 02 0859 Rev. 7 01 Endorsement Page 20f 4 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date FEBRUARY 252021 Policy Number 7988 10 34 The Supplemental Extended Reporting Period Endorsement will set forth the terms and conditions not inconsistent with this section applicable to the Supplemental Extended Reporting Period. The insurance afforded under the Supplemental Extended Reporting Period Endorsement is excess over any other valid and collectible insurance available under insurance in force after the Supplemental Extended Reporting Period starts. Under Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following provision is added. Coverages This coverage does not apply to any part of Umbrella Coverage B A. loss to which underlying insurance would have applied but for a limitation in such Bodily Injury And coverage with respect to the timing of a triggering event or Property Damage B. any costs or expenses related to loss described in subparagraph A. above. Liability Coverage Under Coverages Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following provision is added Coverages This coverage does not apply to any part of Umbrella Coverage B A. loss to which underlying insurance would have applied but for a limitation in such Advertising Injury And coverage with respect to the timing of a triggering event or Personal Injury B. any costs or expenses related to loss described in subparagraph A. above. Liability Coverage Under Policy Definitions the following definition is added. Policy Definitions Claims Made Claims made insurance means such insurance coverage the triggering event of which is based on the timing of a claim first made during the policy period or any extended reporting period. Chubb Commercial Excess And UmbrellaInsurance Coverage Excess Follow Form Coverage A Claims Made Form 07 02 0859 Rev. 7 01 Endorsement Page 30f 4 | 2 |
All other terms and conditions remain unchanged. Q B Authorized Representative LHOJ February 26 2021 Chubb Commercial Excess And UmbrellaInsurance Coverage Excess Follow Form Coverage A Claims Made Form 07 02 0859 Rev. 7 01 Endorsement Page 40of 4 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of an occurrence outside the United States of America its territories or possessions Canada or Puerto Rico. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liability Form 07 02 0861 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Professional Services This insurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim or suit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services Form 07 02 0864 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Money And Securities This insurance does not apply to any liability or loss cost or expense either direct or consequential arising out of loss injury to or destruction of money currency coin bullion precious metals of all kinds and in whatever form and articles made therefrom gems precious and semi precious stones certificates of stock bonds coupons and all other forms of securities. bills of lading warchouse receipts checks drafts money orders stamps insurance policies and all other negotiable and non negotiable instruments or contracts representing money or other property real or personal or interests therein or other documents or records in any form in which the insured is interested or custody of which the insured has undertaken either gratuitously or otherwise or whether legally liable therefore or not. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Money And Securities Form 07 02 0878 Rev. 7 01 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Personal Injury This insurance does not apply to personal injury. Itis agreed that with respect to Coverages Umbrella Coverage B all references in the policy to personal injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Q Authorized Representative gqO February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Personal Injury Form 07 02 0884 Rev. 7 01 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution Hostile Fire Exception This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal scepage migration release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 1. ator from any premises site or location which is or was at any time owned or occupied by or rented to any insured or 2. ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf arc performing operations. 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 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. Chubb Commercial Excess And Umbrella Insurance. Exclusions Excess Follow Form Coverage A Pollution Hostile Fire Form 07 02 0887 Rev. 7 01 Endorsement Page 107 2 | 2 |
Exclusions Excess Follow Form Coverage A Pollution Hostile Fire Exception continued This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Exclusions Excess Follow Form Coverage A Pollution Hostile Fire Form 07 02 0887 Rev. 7 01 Endorsement Page 20f 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Products Completed Operations This insurance does not apply to bodily injury or property damage arising out of the products completed operations hazard. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Products Completed Operations Form 07 02 0890 Rev. 7 01 Endorsement Page 1 0of 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreclosure And Related This insurance does not apply to bodily injury property damage advertising injury or Liability personal injury arising out of or directly or indirectly related to any property A. to which you have perfected your right to possession B. to which you have been given the deed or title C. for which a judicial or other foreclosure proceeding has been initiated by you or on your behalf but such foreclosure is not yet finalized D. which you I pos 2. have assumed care custody or control over on behalf of a mortgagor with such mortgagor s agreement assent or permission or E. over which you otherwise assumed physical or financial control or exercised your rights o rep ion because such property was security for a loan you owned or serviced. All other terms and conditions remain unchanged. Q B Authorized Representative. Date February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Foreclosure And Related Liability Form 07 02 0937 Rev. 5 19 Endorsement 268939.3 Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Trust This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of or directly or indirectly related to any property in any trust guardianship agency or estate for which you are acting in a fiduciary or representative capacity. All other terms and conditions remain unchanged. Q B Authorized Representative u Date February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Trust Form 07 02 0938 Rev. 5 19 Endorsement 268948.3 Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Leased Property This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of or directly or indirectly related to any property which you own and lease to others. This exclusion does not apply to property that is a building you own and lease to others. All other terms and conditions remain unchanged. Q Authorized Representative gqO Date February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Leased Property Form 07 02 0939 Rev. 5 19 Endorsement 278306.2 Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Financial Institution Activities This insurance does not apply to any liability or loss cost or expense arising out of the following A advising inspecting reporting or making recommendations as an investment advisor financial advisor mortgage servicing agent economic advisor insurance company insurance broker or agent insurance consultant or insurance representative trust department or investment manager pursuant to a written contract. electronic data processing system analysis design programming or consulting or other similar services. processing or servicing of any loan lease or extension of credit including 1. the purchase sale participation in application for grant commitment restructure termination or transfer thereof or any failure to do any of the foregoing 2. the repossession or foreclosure of collateral or 3. the handling of advisory or credit reports. any obligation assumed by any insured or the failure to discharge or the improper discharge of any obligation or duty contractual or otherwise with respect to any 1. contract or treaty of insurance self insurance reinsurance or suretyship 2. annuity 3. endowment or 4. benefit plan including any applications endorsements amendments receipts or binders. investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship. Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Financial Institution Activities Form 07 02 0940 Rev. 3 19 Endorsement 274846 Page 107 2 | 2 |
Policy Exclusions Financial Institution F. membership in or contribution to or management of any plan pool association Activities insolvency or guarantee fund or any similar fund organization or association whether continued voluntary or involuntary. F. membership in or contribution to or management of any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary. All other terms and conditions remain unchanged. Q Authorized Representative gqO Date February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Financial Institution Activities Form 07 02 0940 Rev. 3 19 Endorsement 274846 Page 201 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added Policy Exclusions Securities And Trade Practices This insurance does not apply to any liability or loss cost or expense based on attributable to related to or in any manner arising or resulting directly or indirectly out of the filing issuance transfer purchase sale or distribution of securities or offers to purchase or sell securities including without limitation liability under the Securities Act of 1933 the Securities Exchange Act of 1934 the Trust Indenture Act of 1939 the Public Utility Holding Company Act of 1935 the Investment Company Act of 1940 the Investment Advisors Act of 1940 and the so called blue sky laws of the various states or other jurisdictions alleged violation of anti trust anti competition or any other laws prohibiting monopolies activities in restraint of trade unfair methods of competition or deceptive acts and practices in trade and commerce including without limitation the Sherman Act the Clayton Act the Robinson Patman Act the Federal Trade Commission Act and the Hart Scott Rodino Antitrust Improvements Act or any State or Federal Business and Professionals code or Corporations code fraud or breach of fiduciary duty criminal prosecution fines penalties or sentence conditions patent or trademark infringement disclosure or other regulation of sales of and offers to sell real property any liability or alleged liability arising out of employee officer or director dishonesty or any liability of an employee officer or director of an insured to such insured. Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Securities And Trade Practices Form 07 02 0942 Rev. 7 01 Endorsement Page 107 2 | 2 |
Policy Exclusions Securities And Trade No inference shall be made from this express exclusion of liabilities that this Policy would Practices otherwise cover such liabilities or similar liabilitics. continued No inference shall be made from this express exclusion of liabilities that this Policy would otherwise cover such liabilities or similar liabilities. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Securities And Trade Practices Form 07 02 0942 Rev. 7 01 Endorsement Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Conditions the following condition is added Conditions Premium Installments The premium charged in the policy is to be paid in installments in the following manner DATE PAYMENT DUE AMOUNT DUE 02252021 846.25 05252021 846.25 08252021 846.25 11252021 846.25 TOTAL 3385.00 If the first Named Insured fails to pay any installment when it becomes due as provided above we may cancel this policy upon notice to the first Named Insured in accordance with the conditions of the policy. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Conditions Premium Installments Form 07 02 0950 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured FEBRUARY 252021 To FEBRUARY 25 2022 FEBRUARY 25 2021 7988 10 34 TORTOISEECOFIN INVESTMENTS LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued February 26 2021 Who Is An Insured Named Insured The Named Insured shown in the Declarations is completed to read as follows TortoiseEcofin Parent Holdco LLC TortoiseEcofin Borrower LLC Tortoise Capital Advisors LLC Tortoise Index Solutions LLC TI Services LLC Tortoise Management LLC Tortoise Direct Opportunities GP LLC TortoiseEcofin Investments Partners LLC TortoiseEcofin Securities LLC TortoiseEcofin Municipal Credit GP LLC TortoiseEcofin DSIF II GP LLC Ecofin Investments LLC Ecofin Advisors LLC Ecofin Advisors Limited Tortoise Direct Opportunities GP Il LLC TortoiseEcofin EOF GP LLC Tortoise TOF GP LLC Tortoise Renewable Opportunities GP LLC All Other Terms and Conditions Remain Unchanged Authorized Representative O February 26 2021 Chubb Commercial Excess And Umbrella Insurance Who is An Insured Named Insured Form 07 02 1477 Rev. 07 01 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Biological Agents This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of any biological agents. Under Definitions Umbrella Coverage B the following definition is added Definitions Umbrella Coverage B Biological Agents Biological Agents means any AL bacteria 2. mildew mold or other fungi Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Biological Agents Form 07 02 1697 Rev. 7 01 Endorsement Page 107 2 | 2 |
Definitions Umbrella Coverage B Biological Agents 3. other microorganisms or continued 4. mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Biological Agents Form 07 02 1691 Rev. 7 01 Endorsement Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Terrorism Provisions Cap On Certified Terrorism Losses A new section titled Terrorism Provisions is added to the end of this contract. If aggregate insured losses attributable to one or more certified acts of terrorism under the terrorism law exceed 100 billion in a calendar year and we have met our insurer deductible under the terrorism law we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. A new section titled Terrorism Definitions is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury of Terrorism the United States to be an act A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. an air carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to coerce the civilian population or. influence the policy or affect the conduct of the Government of the United States. Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 101 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Certified act of terrorism does not include an act that Terrorism s committed as part of the course of a war declared by the Congress of the United continued States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law. State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam cach of the United States Virgin Islands and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 as amended. United States means astate and. the territorial sea and the continental shelf of the United States of America as described in the terrorism law. United States All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 201 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Policy Exclusions Information Laws Including Unauthorized Or Chubb Commercial Excess And Umbrella Insurance. Unsolicited Communications Form 07 02 2172 Rev. 1 13 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Limits Of Insurance the provision titled Products Completed Operations Aggregate Limit is deleted. The provision titled Excess Coverage Other Aggregate Limit is deleted and replaced by the following Limits Of Insurance Excess Coverage Other Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most Aggregate Limit we will pay for the sum of loss under Excess Follow Form Coverage A except loss arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Limits Of Insurance Excess Coverage Other Aggregate Limit Form 07 02 2184 Ed. 1 05 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added. Policy Exclusions Construction Or Development Or Maintenance Or Renovation This insurance does not apply to any liability or loss cost or expense arising out of any construction or development or maintenance or renovation. This exclusion applies regardless of A whether such operations or work are or were performed or completed 1. by you or on your behalf 2. foryou 3. by or for others or 4. forsale to others and B. when or where such operations or work are or were performed or completed. With respect to Coverage Excess Follow Form Coverage A this exclusion does not apply to maintenance or renovations operations. Under Policy Definitions the following definitions are added. Policy Definitions Construction Or Development Construction or development means any. addition to any building or other structure complete or partial construction or demolition or erection of any building or other structure or planning site preparation surveying or other construction or development of real property. Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development Form 07 02 2244 Ed. 1 08 Endorsement Page 10f 2 | 2 |
Policy Definitions continued Maintenance Or Maintenance or renovation Renovation A means Maintenance or renovation A. means 1. alteration or renovation operations or 2. maintenance or repair operations. B. does not include any structural alteration that involves changing the size of or any demolishing or moving of any building or other structure. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development Form 07 02 2244 Ed. 1 08 Endorsement Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted and replaced by the following. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property A. This insurance does not apply to any bodily injury property damage advertising Laws Or Rights injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened nsurance does not apply to any bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applies. Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 107 2 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Intellectual Property Law Or Right is deleted and replaced by the following. Definitions Umbrella Coverage B Intellectual Property Law Intellectual property law or right means any Or Right. certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy passing off or similar practices. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 2 0f 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Coverage Crisis Assistance For Excess And Umbrella Policy Definitions Crisis Assistance Service Provider is amended to include the following firms. Policy Definitions Crisis Assistance Service Provider A crisis management firm or at the insured s discretion another services provider with crisis management capabilities. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q Authorized Representative L February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Crisis Assistance Service Providers Form 07 02 2455 Ed. 12 10 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Policy Exclusions the following exclusion is added. Policy Exclusions Loss Of Use Of Electronic Data This insurance does not apply to any liability or loss cost or expense arising out of any. corruption of inability to access inability to manipulate. loss of or other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to bodily injury or physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusion Loss Of Use Of Electronic Data Form 07 02 2500 Ed. 5 12 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Access To Or Disclosure Of Confidential Or Personal Information Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including any patents trade secrets processing methods customer lists financial information credit card information health information or any other type of non public information. This exclusion applics even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. All other terms and conditions remain unchanged. Q B Authorized Representative g February 26 2021 Exclusions Umbrella Coverage B Access To Or Disclosure Of Chubb Commercial Excess And Umbrella Insurance Confidential Or Personal Information Form 07 02 2614 Ed. 3 17 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement 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 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury War This insurance does not apply to any bodily injury property damage advertising injury or personal injury arising directly or indirectly out of 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 the foregoing. All other terms and conditions remain unchanged. Q B Authorized Representative u Date February 26 2021 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion War Form 07 02 2735 Ed. 3 17 Endorsement Page 107 1 | 2 |
cA Healthcare Umbrella Table of Contents I TABLE OF CONTENTS AEXASEIR O CYA R LD ERRS TN G ety O S S e SEee Ry 1 RO Y O B B R N T B T e 2 POLICYHOLDER NOTICE COUNTRYWIDE........ coiiiiiiiiiiiiiiiiie sttt s s 3 POLICYHOLDER NOTICE COUNTRYWIDE.....coiiiiiiiie et 5 el ey 7o e Y3 F N 0 e errereermorrrcrrre O O RIS 7 SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE. HEALTHCARE FACILITIES UMBRELLA POLICY. CANCELLATION AND NONRENEWAL AMENDATORY ENDORSEMENT WITH MINIMUM EARNED PREMIUM R 1 N T e 49 S R VI C E O R S U T B S BV B e e e Do 50 EXCLUSION OF CERTIFIED ACTS OF TERRORISM ENDORSEMENT...... oouiiiiiiiiie e 51 Table of Contents Policy No HMC 4032244662 1 Copyright CNA All Rights Reserved. ible of Contents Policy No HMC 4032244662 1 | 2 |
cA Healthcare Umbrella Policyholder Notice I POLICY HOLDERS NOTICE TEXAS IMPORTANT NOTICE To obtain information or make a complaint You may call CNA toll free telephone number 1 800 262 2000 You may also write to CNA at CNA 333 S. Wabash Avenue Chicago lllinois 60604 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P. 0. Box 149104 Austin TX 78714 9104 FAX 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar al numero de telephono gratis CNA para informacion o para someter una queja al 1 800 262 2000 Usted tambien puede escribir a CNA CNA 333 S. Wabash Avenue Chicago lllinois 60604 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P. 0. Box 149104 Austin TX 78714 9104 FAX 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el la compania primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 252 3439 Department of Insurance.gov ntdi.texas.gov PUTES Puede escribir al P. 0. Box 14910 Austin TX 7871 FAX 512 490 Web httpwww. E mail Consumer DISPUTAS SOBR Form No CNA72953TX 08 2015 Policy No HMC 4032244662 1 Policyholder Notice Page 1 of 1 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 1 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policyholder Notice I POLICYHOLDER NOTICE TEXAS IMPORTANT INFORMATION TO OUR PROFESSIONAL LIABILITY POLICYHOLDERS DOING BUSINESS IN THE STATE OF TEXAS As your professional liability insurance carrier we encourage you to establish a quality control program to reduce the risk of errors and omissions. While CNA can not assume this responsibility we can assist you with the following services 1. Consultations on professional liability risk management questions 2. Recommendations to improve quality control programs 3. Published or self study materials on professional liability risk management matters. The above services are available to our policyholders at no additional charge and shall be provided upon request directly to the policyholder. We have professional resources available to assist you or can provide support information and materials for your continuing risk management activities. If you would like more information on our services please call or writeCNA Insurance Companies CNA Insurance Companies Attn Risk Control 700 N. Pearl Street Suite 300 Dallas Texas 75201 214 220 1300 Again if you have any questions or would like to discuss these services please give us a call at the phone number listed above. For additional resources visit our website at www.cna.com Form No CNABOO78TX 09 2014 Policy No HMC 4032244662 1 Policyholder Notice Page 1 of 1 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 2 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policyholder Notice I I I POLICYHOLDER NOTICE COUNTRYWIDE IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. As used herein 1 we means the insurer listed on the Declarations or the Certificate of Insurance as applicable and 2 you means the first person or entity named on the Declarations or the Certificate of Insurance as applicable. You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. 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 No CNA81768XX 03 2015 Policy No HMC 4032244662 1 Policyholder Notice Page 1 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 3 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
cNA Healthcare Umbrella Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act we offered you coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that you have chosen to accept our offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage if any is shown separately on the Declarations or the Certificate of Insurance as applicable. Healthcare Umbrella Policyholder Notice Form No CNA81768XX 03 2015 Policy No HMC 4032244662 1 Policyholder Notice Page 2 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 4 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policyholder Notice e I POLICYHOLDER NOTICE COUNTRYWIDE IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE CONFIRMATION OF REJECTION OF COVERAGE STATUTORY FIRE FOLLOWING TERRORISM COVERAGE IN CERTAIN STATES THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. As used herein 1 we means the insurer listed on the Declarations or the Certificate of Insurance as applicable and 2 you means the first person or entity named on the Declarations or the Certificate of Insurance as applicable. You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Form No CNA81760XX 03 2015 Policy No HMC 4032244662 1 Policyholder Notice Page 1 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 5 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policyholder Notice Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. 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. CONFIRMATION OF REJECTION OF COVERAGE In accordance with the Act we offered you the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that you have chosen to reject our offer of coverage for certified acts of terrorism to the extent possible. Consequently if permitted by state law a terrorism exclusion endorsement is attached to the policy. Certain states may not allow coverage for certified acts of terrorism to be rejected. If state law prohibits you from rejecting certain coverage for certified acts of terrorism the premium for such coverage is shown separately on the Declarations or the Certificate of Insurance if applicable. Solely with respect to Property and Inland Marine coverages by statute for risks locations in the states of i CA GA HI 1A IL MA ME MO NC NJ NY OR RI WA WI and WV for Property and i CA ME MO OR and WI for Inland Marine coverage is required to be provided for fire damage that results or follows from any cause of loss even those that are otherwise excluded. As a result if this policy provides Property or Inland Marine coverage and excludes terrorism we nevertheless are statutorily required with respect to such coverages to insure against fire damage that might result from otherwise excluded acts of terrorism in the referenced states. Form No CNA81760XX 03 2015 Policy No HMC 4032244662 1 Policyholder Notice Page 2 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 6 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
cA Healthcare Umbrella Policy Declarations l POLICY DECLARATIONS l Named Insured and Mailing Address Named Insured Mailing Address Reliant Rehabilitation Holdings Inc. DBA Reliant 6860 Dallas Parkway Suite 550 Management Group LLC Plano TX 75024 l Policy Information l Producer Information Policy Number HMC 4032244662 1. Producer Querbes Nelson 214 Milam Street Shreveport LA 71101 Renewal of HMC 4032244662 0 Policy Issued by Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 l Policy Period. Forms and Endorsements Attached to this Policy Producer code 942765 06302016 to 06302017 at 1201 a.m. See SCHEDULE OF FORMS AND ENDORSEMENTS Standard Time at your mailing address shown above N 06012004 Fiwomsws s ee i e Each Clalm 5000000 Aggregale Lml 5 OOO OOO Adjustable Premium 398500 Minimum Earned Premium Surplus Lines Tax 4777.25 Stamping Fee 147.75 Total 103425.00 214 Milam Street Shreveport LA 71101 Producer code 942765 Form No CNA72897XXC 03 2014 Policy No HMC 4032244662 1 Policy Declarations Page 1 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 7 of 52 Copyright CNA All Rights Reserved. alty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
cA Healthcare Umbrella Policy Declarations. Number of Days Notice of Cancellation Non Renewal Number of Days Cancellation for nonpayment 10 Cancellation for any other reason 30 Nnnrenewal. Notification Information Notice of Claims and Potential Claims Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com Form No CNA72897XXC 03 2014 Policy No HMC 4032244662 1 Policy Declarations Page 2 of 2 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 8 of 52 Copyright CNA All Rights Reserved. alty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
cA Healthcare Umbrella Policy Schedule I SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE CNA72926XX 04 2013 HEALTHCARE FACILITIES UMBRELLA POLICY CNA72888XX 10 2015 1 CANCELLATION AND NONRENEWAL AMENDATORY CNA72899XX 04 2013 ENDORSEMENT WITH MINIMUM EARNED PREMIUM PROVISIONS 2 SERVICE OF SUIT CNA74300XX 06 2014 3 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CNA81757XX 03 2015 ENDORSEMENT 4 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CNA81753XX 03 2015 ENDORSEMENT Form No CNAB2640XX 09 2012 Policy No HMC 4032244662 1 Policy Schedule Page 1 of 1 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 9 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Schedule I SCHEDULE OF UNDERLYING INSURANCE Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Commercial General Liability Carrier Each Occurrence 1000000 Columbia Casualty Company Policy Number Products Completed 4032244645 Operations Aggregate 3000000 Policy Period RS EI A Personal Advertising Injury Limit 1000000 General Aggregate 3000000 Claims Made basis x Occurrence basis Each Claim Occurrence Aggregate If no amount is listed in the line above there is no Aggregate limit. Claims Made basis Occurrence basis Defense Costs inside SIR Defense Costs outside SIR Commercial Automobile Liability Carriet Great American Insurance Company Bodily Injury Liability Each person Policy Number Each Occurrence CAP339326400 Property Damage Liability Policy Period Each Occurrence GRS P RSITY Combined Single Limit 1000000 Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Each Occurrence Aggregate If no amount is listed in the line above there is no Aggregate limit. Defense Costs inside SIR Defense Costs outside SIR olumbia Casualty Company slicy Number 132244645 Slicy Period 302016 6302017 Claims Made basis 1 Products Completed Operations Aggregate 3000000 Personal Advertising Injury Limit 1000000 General Aggregate 3000000. en reat American Insurance ompany licy Number AP339326400 olicy Period 3292016 09292017 Each person Each Occurrence Property Damage Liability Each Occurrence Combined Single Limit 1000000 je Liability o Aggregate n Prcte ineida OID Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 1 of 5 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 10 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Schedule Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Excess Employers Liability Carrier Great American ES Insurance Company Bodily Injury by Accident Each accident 1000000 Disease Policy Limit 1000000 Disease Each Employee 1000000 Policy Number ECA3719976 Policy Period 02132016 02132017 Bodily Injury by Accident Each accident Disease Policy Limit Disease Each Employee Defense Costs inside SIR Defense Costs outside SIR Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC All States Except CA Employers Liability American Home Assurance Company Accident Each accident 1000000 Disease Policy Limit 1000000 Disease Each Employee 1000000 Policy Number 012851841 Policy Period 06302016 06302017 Accident Each accident Disease Policy Limit Disease Each Employee Defense Costs inside SIR Defense Costs outside SIR cident Each accident sease Policy Limit sease Each Employee 1 Nefancn PActe incida IR. Disease Policy Limit 1000000 olicy Number A3719976 Disease Each Employee 100000f olicy Period 2132016 02132017 merican Home Assurance ompany olicy Number 12851841 licy Period 3302016 06302017 Accident Each accident 100000 Disease Policy Limit 1000000 Disease Each Employee 1000001 ccident Each accident sease Policy Limit sease Each Employee 1 NMefancn PActe incida CIR Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 2 of 5 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 11 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Schedule Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC CA Only Employers Liability Carrier Commerce Industry Insurance Company Policy Number 012851843 Policy Period 06302016 06302017 Bodily Injury by Accident Each accident 1000000 Disease Policy Limit 1000000 Disease Each Employee 1000000 Bodily Injury by Accident Each accident Disease Policy Limit Disease Each Employee Defense Costs inside SIR Defense Costs outside SIR Professional Liability Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Carri Columbia Casualty Company Policy Number 4032244645 Policy Period 6302016 6302017 Each CI 1000000 Aggregate 3000000 Each Claim Aggregate If no amount is listed in the line above there is no Aggregate limit. Defense Costs inside SIR Defense Costs outside SIR cident Each accident sease Policy Limit sease Each Employee 1 Nefancn PActe incida IR. Disease Policy Limit 1000000 olicy Number 12851843 Disease Each Employee 100000f olicy Period 3302016 06302017 slurla Casualty Company ggre 37 600 000 olicy Number 032244645 olicy Period 302016 6302017 Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 3 of 5 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 12 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Schedule Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Employee Benefits Liability Carrier Columbia Casualty Company Policy Number 4032244645 Policy Period 6302016 6302017 X Claims Made basis Occurrence basis 1000000 Each Employee 3000000 Aggregate Each Employee Aggregate If no amount is listed in the line above there is no Aggregate limit. Claims Made basis Occurrence basis Defense Costs inside SIR Defense Costs outside SIR Name of Insured Other Liability Carriet Policy Number Policy Period Claims Made basis Occurrence basis Each Claim Occurrence Aggregate Other Specify Each Claim Occurrence Aggregate Other Specify If no amount is listed in the line above there is no Aggregate limit. Claims Made basis Occurrence basis Defense Costs inside SIR Defense Costs outside SIR olumbia Casualty Company olicy Number 032244645 olicy Period 302016 6302017 Claims Made basis 1 A 3000000 Aggregate e licy Number licy Period Claims Made basis Occurrence basis Aggregate Other Specify Aggregate her Specify Other Specify PTY Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 4 of 5 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 13 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
cA Healthcare Umbrella Policy Schedule Name of Insured Combined Self Insured Retention SIR b S B R e s s s i General Liability Claims or circumstances arising from mits occurrences other than professional liability claims. Y P Lt At Each Claim Aggregate Professional Liability Claims or circumstances arising from the rendering of professional services M 5 LG v If no amount is listed in the line above there is no Aggregate limit. Other Liability Defense Cost Defense Costs inside SIR Defense Costs outside SIR Healthcare Umbrella Policy Schedule occurrences other than professional liability claims Professional Liability Claims or circumstances arising from the rendering of professional services Other Liability laim ate s inside SIR Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 5 of 5 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 14 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy I HEALTHCARE FACILITIES UMBRELLA POLIC Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the Insurer providing this insurance as set forth on the Declarations. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. COVERAGE A. Insuring Agreement Subject to the section entitled LIMITS OF INSURANCE the Insurer will pay on behalf of an Insured those damages in excess of the applicable underlying limit that an Insured becomes legally obligated to pay as a result of a claim including a professional liability claim alleging injury and caused by an incident. The Insurer will pay such damages only upon exhaustion of the applicable underlying limit. B. How this Insurance Applies This insurance applies only as follows. 1. Occurrence Coverage Where the primary policy or self insured retention is on an occurrence basis a. the property damage or bodily injury other than covered bodily injury arising out of the rendering of professional services takes place during the policy period and b. the incident giving rise to personal and advertising injury professional services injury or employee benefits services injury was first committed during the policy period and prior to the end of the policy period and. prior to the effective date of the policy period no authorized insured i. knew that such incident that is an act error or omission in the performance of professional services or employee benefits program services had occurred in whole or in part or ii. knew that such injury that is property damage or bodily injury other than covered bodily injury arising out of the rendering of professional services had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such bodily injury or property damage had 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 or ii. knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. For the purposes of paragraph b. above an offense shall be deemed first committed on the date of the first utterance or dissemination or if there is no dissemination or utterance on the first date of the activity giving rise to a claim. 2. Claims Made Coverage Where the primary policy or self insured retention is on a claims made basis Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 1 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 15 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 0 |
CNA Healthcare Umbrella Policy a. such claim is first made against any Insured during the policy period or during the extended reporting period if any and is reported to the Insurer in accordance with the section entitled CONDITIONS the paragraph entitled Notice of Claims and Potential Claims and b. prior to the effective date of the coverage relationship i. no authorized Insured knew or should have known of a claim or a potential claim or ii. no Insured had given notice to a prior insurer of any related claim. c. prior to the effective date of the coverage relationship no authorized Insured knew i. that any bodily injury other than covered bodily injury arising out of the rendering of professional services or property damage had occurred. If any authorized Insured knew prior to the coverage relationship that any bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the coverage relationship will be deemed to have been known prior to the coverage relationship. ii. that any offense giving rise to personal and advertising injury had occurred in whole or in part and d. the incident occurred on or after the Retroactive Date if any shown in the DECLARATIONS. 3. For purposes of paragraphs 1. and 2. above an authorized Insured will be deemed to know a. that such bodily injury or property damage occurred at the earliest time when such authorized Insured i. reports the bodily injury or property damage to the Insurer or any other Insurer ii. receives a claim arising out of the bodily injury or property damage or iii. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur b. that such offense had occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination on the first date of the activity giving rise to a claim. 4. Where there is no underlying insurance applicable to a claim covered under this policy this policy applies as primary insurance on a claims made basis pursuant to all other terms and conditions of coverage. 5. Where the Insurer is the first layer of insurance above a self Insured retention the self Insured retention shall be subject to all of the terms and conditions of this policy. 6. The Insurer will also pay for defense costs as specified in the section entitled DEFENSE PAYMENT AND RELATED DUTIES. DEFENSE PAYMENT AND RELATED DUTIES A. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or loss under this policy. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 2 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 16 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this policy even if the applicable underlying limit has not been exhausted. C. Where there is underlying insurance including a self Insured retention or unscheduled underlying insurance the Insured Entity and not the Insurer has the duty to defend claims. The Insured Entity shall exercise its best judgment in adjusting claims and endeavor to resolve such claims in a fair equitable timely and cost effective manner in accordance with the standards set forth in the National Association of Insurance Commissioners Unfair Claims Settlement Practices Act as it may be amended from time to time. D. If the obligation of all underlying insurers or the Insured Entity where there is a self Insured retention either to investigate or defend the claim or pay the cost of such investigation or defense ceases solely through exhaustion of all applicable underlying limits through payment of a combination of any covered expenses damages settlements or judgments for injury then the Insurer will at the Insurer s option either 1. assume the investigation or defense of the Insured against claims or 2. reimburse the Insured for defense costs it incurs in the investigation or defense of such claims. However all defense costs incurred in connection with such claims are included within and erode the Limits of Insurance. E. The Insurer will have the option to either investigate or defend a claim or to reimburse an Insured for defense costs in connection with a claim where the claim is not covered under the underlying insurance or unscheduled underlying insurance but which seeks or involves damages because of injury otherwise covered under this policy. F. Where the Insurer has opted to investigate or defend a claim the Insurer will do so even if the allegations of a claim are groundless false or fraudulent but only until the Insurer makes payment or offers to pay or deposit in court that part of a judgment not exceeding the Insurer s limit of liability. The Insurer shall also have the sole right to make settlement of a claim as the Insurer deems expedient. G. If a claim made against the Insureds includes both covered and uncovered matters or if a claim is made against Insureds who are extended coverage therefore and others who are not extended coverage therefore the Insureds agree that there must be an allocation between Insured and uninsured loss. The Insureds and the Insurer shall exercise their best efforts to agree upon a fair and proper allocation based on the relative legal and financial exposures between Insured loss and uninsured loss. EXCLUSIONS This Insurance does not apply to A. Access or Disclosure of Confidential or Personal Information and Data related Liability 1. any damagesother than covered bodily injury arising out of the rendering of professional services based upon or arising out of any actual or alleged access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2. any damages based upon or arising out of any actual or alleged loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 3 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 17 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Insured or others arising out of that which is described in paragraph 1. or 2. above. However unless paragraph 1. above applies this exclusion does not apply to damages because of bodily injury. Aircraft any claim based upon or arising out of any actual or alleged bodily injury or property damage arising out of any aircraft that is owned or operated by or rented or loaned to any Insured including bodily injury or property damage caused by operation maintenance entrustment to others or loading or unloading of aircraft. This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured provided the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply 1. to any aircraft that is a. chartered by loaned to or hired by the Insured Entity with a paid crew and b. not owned by any Insured or 2. if insurance for such bodily injury or property damage is provided by a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by such underlying insurance or 3. liability assumed under any Insured contract for the ownership maintenance or use of or aircraft. Asbestos any claim based on or arising out of 1. bodily injury other than covered bodily injury arising out of the rendering of professional services property damage or personal and advertising injury arising out of any actual alleged or threatened exposure at any time to asbestos or 2. any loss cost or expense that may be awarded or incurred a. by reason of a claim for any such injury or damage or b. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Autos or Watercraft any claim based upon or arising out of any actual or alleged bodily injury or property damage arising out of any auto or watercraft owned or operated by or rented or loaned to an Insured including bodily injury or property damage caused by operation maintenance entrustment to others or loading or unloading of autos or watercraft. This exclusion applies even if the cl s against any Insured alleges 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 auto or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to 1. watercraft while ashore on premises the Insured Entity owns or rents Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 4 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 18 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy 2. watercraft the Insured Entity does not own that is a. less than 26 feet long and b. not being used to carry persons or property for a charge 3. parking an auto on or on the ways next to premises the Insured Entity owns or rents provided the auto is not owned by or rented or loaned to any Insured liabi assumed under any Insured contract for the ownership maintenance or use of or watercraft or 5. bodily injury or property damage arising out of a. the operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b. the operation of any of the machinery or equipment listed in F.2. Cherry Pickers etcetera or F.3. air compressors etcetera of the definition of mobile equipment This exclusion also does not apply if insurance for bodily injury or property damage arising out of an auto is provided by a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by such underlying insurance. E. Contractual Liability any claim based on or arising out of 1. solely with respect to any professional services injury employee benefits services injury and personal and advertising injury the Insured s actual or alleged liability under any oral or written contract or agreement including but not limited to express warranties or guarantees or 2. the liability of others assumed by an Insured under any oral or written contract or agreement except that a. coverage otherwise available to an Insured shall apply to such Insured s liability that exists in the absence of such contract or agreement or b. liability is assumed in a contract or agreement that is an Insured contract for bodily injury or property damage 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 i. liability to such party for or for the cost of that party s defense has also been assumed in the same Insured contract and ii. such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages are alleged. F. Criminal Acts or Conduct Solely with respect to professional services injury employee benefits service ury and personal and advertising injury any claim based on or arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. G. Damage to Impaired Property or Property not Physically Injured Healthcare Umbrella Policy Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 5 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 19 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy any claim based upon or arising out of any actual or alleged property damage to impaired property or property that has not been physically injured arising out of 1. a defect deficiency inadequacy or dangerous condition in Insured product or Insured work or 2. adelay or failure by the Insured Entity or anyone acting on the Insured Entity s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to Insured product or Insured work after it has been put to its intended use. H. Damage to Insured Product any claim based on or arising out of any actual or alleged property damage to Insured product arising out of it or any part of it. Damage to Insured Work any claim based upon or arising out of any actual or alleged property damage to Insured work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on its behalf by a subcontractor. Damage to Property any claim based on or arising out of any actual or alleged property damage to 1. property the Insured Entity owns rents or occupies including any costs or expenses incurred by the Insured Entity 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 2. premises the Insured Entity sell give away or abandon if the property damage arises out of any part of those premises 3. property loaned to the Insured Entity personal property in the care custody or control of an Insured 5. that particular part of real property on which the Insured Entity or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or 6. that particular part of any property that must be restored repaired or replaced because Insured work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are Insured work and were never occupied rented or held for rental by the Insured Entity. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. Dishonest Acts Capacity Claims Wrongful Employment Practices Solely with respect to 1. administrative services or employee benefits program services any claim based upon or arising out of any actual or alleged dishonest fraudulent or malicious act or omission commingling misappropriation or misuse of funds or intentional wrongdoing including the intentional misappropriation of intellectual property by an Insured if a final judgment ruling or other finding of fact in any proceeding establishes Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 6 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 20 of 52 Copyright CNA All Rights Resorved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy that such act omission commingling misappropriation misuse or intentional wrongdoing was committed. 2. administrative services any claim based upon or arising out of a. any act error or omission by an Insured in its capacity as or solely by reason of its status as an executive officer of an Insured Entity or b. any wrongful employment practice other than any claim based upon or arising out of services as a member of a formal review board. L. Discrimination any professional liability claim or employee benefits liability claim based upon or arising out of any actual or alleged discrimination humiliation or harassment that includes but shall not be limited to claims based on an individual s race creed color age gender national origin religion disability marital status or sexual orientation. M. Distribution or Recording of Material or Information in Violation of Law bodily injury other than covered bo injury arising out of the rendering of professional services property damage or personal and advertising injury arising out of any actual or alleged violation of 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 or 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 4. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA 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 or 5. any statute ordinance regulation or law which prohibits or limits the conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. N. Employer s Liability any claim based on or arising out of any actual or alleged bodily injury or personal and advertising injury to 1. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the its business or 2. the spouse domestic partner child parent brother or sister of that employee as a consequence of 1. above. This exclusion applies a. whether an Insured may be liable as an employer or in any other capacity and b. 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 Entity under an Insured contract. Nor does this exclusion apply if insurance for such bodily injury or personal and advertising injury is provided by a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by such underlying insurance. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 7 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 21 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy 0. Employee Benefits Program Services any employee benefits liability claim based upon or arising out of any actual or alleged 1. failure of an investment to perform as represented by any Insured or errors in providing information on past performance of investment vehicles advice given to a person to participate or not participate in any employee benefits program failure of performance of contract by any Insurer 4. capacity of an Insured as a fiduciary as defined under the Internal Revenue Code of 1986 as amended or 5. insufficiency of funds to meet an obligation under an employee benefits program. P. Employment Related Practices any claim based on or arising out of any actual or alleged bodily injury or personal and adverti 1. a person arising out of any actual or alleged a. refusal to employ that person b. termination of that person s employment c. employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. the spouse domestic partner child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. ii. or iii. above is directed. This exclusion applies i. whether the Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. Q. ERISA Violations Any 1. professional liability claim based upon or arising out of any actual or alleged violations of the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 2. employee benefits liability claim based on or arising out of an Insured s capacity as a fiduciary under Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. R. Expected or Intended injury any claim based upon or arising out of any actual or alleged bodily injury or property damage expected or intended from the standpoint of an Insured. This exclusion does not apply to 1. bodily injury or property damage resulting from the use of reasonable force to protect persons or property 2. professional liability claims or employee benefits liability claims. Further this exclusion does not apply if insurance for such bodily injury or property damage is provided by Form No CNA72888XX 10 2015 Policy No HMC 40322446621 Policy Page 8 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 22 of 52 Copyright CNA All Rights Resorved. Healthcare Umbrella Policy ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by such underlying insurance. Fungi and Microbes 1. bodily injury other than covered bodily injury arising out of the rendering of professional services property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes 2. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else or 3. property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. This exclusion does not apply where the Insured Entity s business includes food processing sales or serving and the bodily injury is caused solely by food poisoning in connection with such processing sales or serving Liquor Liability any claim based upon or arising out of any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of 1. causing or contributing to the intoxication of any person 2. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if the Insured Entity is in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Further this exclusion does not apply if insurance for such bodily injury or property damage is provided by a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by the policy of underlying insurance. Medicare or Medicaid any professional liability claim based upon or arising out of any actual or alleged fraud or abuse with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. Mobile Equipment bodily injury or property damage arising out of any actual or alleged 1. transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or 2. use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity This exclusion does not apply if insurance for such bodily injury or personal and advertising injury is provided by a policy of underlying insurance. However the insurance provided by the Insurer s policy will be no broader than the insurance coverage provided by such underlying insurance. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 23 of 52 Policy Page 9 of 34 Policy Effective Date 06302016 Copyright CNA All Rights Resorved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy W. Nuclear Energy Liability any claim based upon or arising out of any actual or alleged bodily injury other than covered bodily injury arising out of the rendering of professional services or property damage 1. with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear 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 Insurance 2. resulting from the hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the 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 or 3. resulting from hazardous properties of nuclear material if a. the nuclear material i. is at any nuclear facility owned by or operated by or on behalf of an Insured or ii. has been discharged or dispersed therefrom b. the nuclear material is contained in spent fuel or nuclear 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 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion property damage includes all forms of radioactive contamination of property. X. Personal and Advertising Injury any claim 1. alleging bodily injury based upon or arising out of personal and advertising injury except to the extent such bodily injury is covered under the underlying insurance. 2. alleging personal and advertising injury a. Breach of Contract based upon or arising out of any actual or alleged breach of contract except an implied contract to use another s advertising idea in the Insured Entity s advertisement. b. Electronic Chat Rooms or Bulletin Boards based upon or arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. c. Infringement of Copyright Patent Trademark or Trade Secret based upon or arising out of any actual or alleged 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 the Insured Entity s advertisement. Form No CNA72888XX 10 2015 Policy No HMC 40322446621 Policy Page 10 of 34 Policy Effective Date 06302018 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 24 of 52 Copyright CNA All Rights Reserved. Healthcare Umbrella Policy ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy However this exclusion does not apply to infringement of copyright trade dress or slogan in the Insured Entity s advertisement. d. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraph B. of personal and advertising injury as set forth in the section entitled DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or advertising for the Insured Entity or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. e. Knowing Violation of Rights of Another caused by or at the direction of the Insured if the Insured knew or should have known that the act would cause personal and advertising injury. f. Material Published with Knowledge of Falsity based upon or arising out of actual or alleged oral or written publication of material if the Insured knew or should have known the material was false. g. Quality or Performance of Goods Failure to Conform to Statements based upon or arising out of any actual or alleged failure of goods products or services to conform to any statement of quality or performance made in the Insured Entity s advertisement. h. Unauthorized Use of Another s Name or Product based upon or arising out of any actual or alleged unauthorized use of another s name or product in the Insured Entity s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. i. Wrong Description of Prices based upon or arising out of any actual or alleged wrong description of the price of goods products or services stated in the Insured Entity s advertisement. Y. Pollution any claim based on or arising out of i bodily injury other than covered bodily injury arising out of the rendering of professional services or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any InsuredHowever this subparagraph does not apply to i. bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 11 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 25 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy ii. bodily injury or property damage for which an additional insured may be held liable if such additional insured is a contractor and the owner or lessee of such premises site or location and has been added to the Insured Entity s policy as an additional insured with respect to the Insured Entity s ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not or never was owned or occupied by or rented or loaned to any Insured other than that additional insured b. at or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste. which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Insured Entity may be legally responsible or d. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations i. If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor or ii. 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. e. that are or that are contained in property that is i. being transported or towed by or handled for movement into onto or from a covered auto ii. otherwise in the course of transit iii. being stored disposed of treated or processed in or upon the covered auto f. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or g. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally i. delivered ii. disposed of or iii. abandoned by the Insured. Subparagraphs a. and d.i. do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph d.i. does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 12 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 26 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Subparagraph e.iii. does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f. and g. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2. personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3. 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 by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants Z. Recall Of Products Work or Impaired Property any claim based on or arising out of any actual or alleged loss cost or expense incurred by the Insured Entity or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of Insured product Insured work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. AA. Respirable Dust and Silica any claim based on or arising out of actual or alleged 1. bodily injury other than covered bodily injury arising out of the rendering of professional services property damage or personal and advertising injury arising out of any actual alleged or threatened respiration ingestion or presence of or exposure at any time to respirable dust or silica or 2. any loss cost or expense that may be awarded or incurred a. by reason of a claim for any such injury or damage or b. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of respirable dust or silica. BB. Uninsured Underinsured Motorists any claim based upon or arising out of any actual or alleged obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. CC. War any claim based upon or arising out of any actual or alleged 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. Policy Page 13 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 27 of 52 Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Copyright CNA All Rights Resorved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy However this exclusion does not apply to damage by fire to premises while rented to the Insured Entity or temporarily occupied by the Insured Entity with permission of the owner. DD. Workers Compensation and Similar Laws any claim based upon or arising out of any actual or alleged obligation of any Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. LIMITS OF INSURANCE A. Defense costs All defense costs that the Insurer pays as set forth in the section entitled LIMITS OF INSURANCE are included within and erode the Limits of Insurance. Multiple Insureds claims claimants The Limits of Insurance shown in the Declarations and the rules below fix the most the Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims 4. coverages under this policy. Aggregate Limit The Limit of Insurance shown in the Declarations as the Aggregate limit is the most that the Insurer will pay as damages for all claims to which this insurance applies except for claims covered by any auto liability policy listed in the Schedule of underlying insurance where the Limits of Insurance of such auto liability policy are unaggregated. Each Claim Limit Subject to C. above the Limit of Insurance shown in the Declarations as the Each claim limit is the most the Insurer will pay for the sum of all damages to which this insurance applies arising out of any one claim. Limits applicable to Specific Types of Claims If any loss covered under any underlying insurance or any unscheduled underlying insurance is subject to a sublimit whether or not such sublimit erodes the limits generally available to all claims then this policy provides no coverage in excess of such underlying insurance limits. However the applicable underlying limits shall be deemed depleted by payment of any such sublimits. Related Claims Related Offenses With respect to any coverage under this policy that is on a claims made basis all related claims whenever made shall be considered a single claim first made during the policy period in which the earliest claim was first made. With respect to any coverage under this policy that is on an occurrence basis in determining the limit available for any claim arising out of personal and advertising Injury all related offenses shall be deemed to be one offense that was first committed on the date of the first utterance or dissemination or if there is no dissemination or utterance on the first date of the activity giving rise to a claim. Exhaustion of applicable underlying limit Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 14 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 28 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy In the event of exhaustion of an applicable underlying limit under the underlying insurance or any unscheduled underlying insurance solely by reason of payments of a combination of covered expenses settlements or judgments paid thereunder this policy shall subject to this limit of liability provision and to the remaining terms and provisions and conditions of this policy apply in place of such exhausted applicable underlying limit. Any payment made by the underlying insurer prior to the effective date of this policy will not be recognized by the Insurer as eroding any applicable underlying limit. The limits of this policy shall apply separately to 1. each consecutive policy period and 2. remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Nothing herein shall serve to increase the Limits of Insurance shown in the Declarations. CONDITIONS A. Appeals If the Insured Entity or its underlying insurers elect not to appeal a judgment in excess of the Limits of Insurance afforded by the underlying insurance the Insurer may elect to appeal. The Insurer s limit of liability shall not be increased because of such appeal. The Insurer will however pay the following costs and expenses 1. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy 2. All premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds 3. Court fees Costs and expenses taxed against the Insured Entity by the appellate court and interest accruing after entry of a judgment against the Insured Entity and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Insured Entity shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. Cancellation and Nonrenewal The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this policy. Changes to the policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this policy. of the provisions of this policy will be waived changed or modified except by written endorsement issued to form a part of this policy. Changes to the Business Acquisitions and Mergers 1. The Named Insured must provide prior notice to the Insurer of the following events Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 15 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 29 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy or significant changes to the type or volume of the professional services or employee program services reported to the Insurer in the application unless such change is due to the acquisition or formation of a new subsidiary in which case the section entitled Conditions the paragraph entitled NEW AND EXISTING SUBSIDIARIES CESSATION OF SUBSIDIARY STATUS paragraph A. will control. b. the Named Insured s merger with another entity or. the acquisition of all or substantially all of the Named Insured s assets by another entity 2. Upon receipt of such notice the Insurer may a. adjust the premium to reflect the added exposure or b. solely with respect to items set forth in paragraphs 1. b. and c. above deem this policy to have ceased with respect to claims made against the Insured based on any act error or omission in the rendering of professional services employee benefits program services or any occurrence or offense committed or allegedly committed on or subsequent to the time and date of said event. In such case the policy period shall remain unaltered and coverage will continue but only with respect to any act error or omission in the rendering of professional services employee benefits program services or any occurrence or offense committed or allegedly committed prior to the time and date of any such event and in accordance with all other terms and conditions of this policy. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Duties of the First Named Insured on the Declarations The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all of the Insured Entities jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 30 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this policy d. providing any notice required under this policy. Economic and Trade Sanctions This policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. Entire Contract By acceptance of this policy the Insureds agree that this policy including all endorsements to this policy constitute the entire contract existing between the parties relating to this insurance. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 16 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 30 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy I. Estates Legal Representatives and Spouses The estates heirs legal representatives assigns spouses and any domestic partner of a natural person Insured shall also be Insured under this policy provided however coverage is afforded to such estates heirs legal representatives assigns spouses or domestic partners only for claims arising solely out of their status as such and in the case of a spouse or domestic partner where such claim seeks damages from marital community property jointly held property or property transferred from such Insured to such spouse or domestic partner. No coverage is provided for any act error or omission of an estate heir legal representative assign spouse or domestic partner. J. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this policy at any time during the policy period and up to 3 years afterward. K. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Insured Entity or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this policy. In the event there is diminished recovery or no recovery available to the Insured Entity as a result of its financial impairment where the underlying insurance is a self Insured retention or financial impairment of an underlying insurer the coverage under this policy shall apply only in excess of such self Insured retention or the limits of insurance stated in the underlying insurance. Under no circumstances shall the Insurer be required to drop down and replace the self Insured retention or such limits of insurance or assume the obligations of the Insured Entity or the financially impaired insurer. L. Government Access to Records In accordance with the requirements of Section 952 of the Omnibus Reconciliation Act of 1980 and upon written request the Insurer will allow the Secretary of Health and Human Services and the Comptroller General access to the policy and necessary books documents and records to verify the cost of the policy to the extent required by law. Access will also be allowed to subcontracts between the Insurer and any its related organization and to such organization s books documents and records. Such access will be provided up to four 4 years after the services furnished under this policy end. M. Headings The description in the headings and subheadings of this policy is solely for convenience and forms no part of the terms and conditions of coverage. N. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not a. make safety inspections b. undertake to perform the duty of any entity to provide for the health or safety of workers or the public nor Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 17 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 31 of 52 Copyright CNA All Rights Reserved. Healthcare Umbrella Policy ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy c. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf. Legal Action Limitation No Insured may bring any legal action against the Insurer concerning this policy until 1. the Insured has fully complied with all the provisions of this policy and 2. the amount of the Insured s obligation to pay has been decided. Such amount can be set by judgment against the Insured after actual trial or arbitration proceeding or by written agreement between the Insured the claimant and the Insurer. Any claimant or its legal representative is entitled to recover under this policy after it has secured a judgment or written agreement. Recovery is limited to the extent of the insurance afforded by this policy. No claimant has any right under this policy to include the Insurer in any action against the Insured to determine the Insured s liability nor will the Insured or the Insured s representative bring the Insurer into such an action. If the Insured or the Insured s estate becomes bankrupt or insolvent it does not change any of the Insurer s obligations under this policy. Maintenance of underlying insurance While this policy is in force the Insured Entity agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the Limits of Insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents which take place on or after the Retroactive Date where such underlying insurance is written on a claims made basis or incidents which take place during this policy period where such underlying insurance is written on an occurrence basis. If the Insured Entity fails to maintain underlying insurance this condition shall not invalidate this policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. New and Existing Subsidiaries Cessation of Subsidiaries 1. Newly Acquired and Newly Formed Subsidiaries If after the effective date of this policy any Insured Entity first has management control of any newly acquired or newly formed entity such entity and any subsidiaries directors officers trustees or employees of such entity who otherwise would thereby become an Insured shall be covered under this policy in conformance with all terms and conditions of this policy and with respect to such newly acquired or newly formed entity subject to the following a. where coverage is provided on a claims made basis both the occurrence act error or omission or offense giving rise to the claim and the claim itself is made on or after the effective date of management control and within 90 days of such effective date or on the termination of this policy whichever is earlier and b. where coverage is written on an occurrence basis the bodily injury other than covered bodily injury arising out of the rendering of professional services or property damage or offense giving rise to personal and advertising injury occurred on or after the effective date of management control and within 90 days of such effective date or on or before the termination of this policy whichever is earlier. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 18 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 32 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Notwithstanding the above if the Insurer agrees to provide coverage to such newly acquired or newly formed entity such entity will be listed in a Subsidiary Endorsement and coverage for such subsi will then apply in conformance with the provisions of such Subsidiary Endorsement. 2. Underwritten Subsidiaries Except with respect to coverage provided to newly acquired or newly formed subsidiaries under paragraph 1. above coverage for any subsidiary or any natural person executive or employee of any such subsidiary applies in conformance with all terms and conditions of this policy and with respect to any such subsidiary and its executives or employees coverage is also subject to the following a. where coverage is written on a Claims Made basis i. the claim is both first made during the policy period and on or after the effective date of management control and ii. the claim is based on or arises out of any occurrence act error or omission or offense that occurred a on or after the date an Insured Entity first had management control of any such subsidiary or b on or after the date such subsidiary became continuously Insured without interruption under any applicable claims made policy which date is indicated on a Schedule of Subsidiary Retroactive Dates submitted annually or as requested by the Insurer whichever is earlier unless such subsidiary is listed in the Subsidiary Endorsement and a retroactive date is specified for such subsidiary in such endorsement. b. where coverage is written on an occurrence basis the bodily injury other than covered bodily injury arising out of the rendering of professional services or property damage or offense giving rise to personal and advertising injury occurred on or after the Effective Date of management control. 3. Cessation of Subsidiary On the date when management control ceases the termination date subject to all other terms and conditions of this policy coverage applies only to a. with respect to claims made coverage acts error or omissions or occurrences or offenses causing personal and advertising injury that happened on or after the Retroactive Date if any or if none on or after the effective date of this policy and prior to the termination date b. with respect to occurrence coverage acts errors or omission or bodily injury property damage or an offense causing personal and advertising injury that happened within the policy period and prior to the termination date. R. Notice of Claims and Potential Claims If any underlying insurance other than a self insured retention is a policy issued by the Insurer or any affiliate of ours then notice of any claim under such underlying insurance is notice to the Insurer. Except as provided in the above paragraph it is a condition precedent to coverage under this policy that 1. whenever a. any applicable underlying insurance or any unscheduled underlying insurance is exhausted or b. any authorized Insured obtains information that the obligation of underlying insurers to investigate defend pay on behalf of or indemnify the Insured Entity has ceased Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 19 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 33 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy then written notice of any claim or potential claim shall be given by or for the Insured Entity to the Insurer or to the Insurer s authorized agent as soon as possible but no later than as specified in paragraph 3. below 2. whenever any authorized Insured has information of a claim or potential claim that involves a. ademand reserve or monetary exposure including defense costs against the Insured Entity which exceeds 50 of any remaining applicable underlying limit b. any underlying insurance reserve or monetary exposure exceeding 500000 c. the following i. brain damage including but not limited to any neurological impairment of infants or adults and coma ii. spinal cord injury including but not limited to paraplegia or quadriplegia iii. loss of any organ or iv. severe disfigurement including but not limited to burns and amputations then written notice of any such claim or such potential claim shall be given by or for the Insured Entity to the Insurer or to the Insurer s authorized agent as soon as possible but no later than as specified in paragraph 3. below. In addition whenever any authorized insured has information of a death that has resulted in a claim or a potential claim then written notice of any such claim or such potential claim shall be given by or for the Insured Entity to the Insurer or to the Insurer s authorized agent as soon as possible as specified in paragraph 3. below. 3. Any required notice as specified in paragraphs 1. or 2. above must be given as soon as possible and within the following timeframes a. with respect to a claim within 30 days after the end of the coverage relationship b. with respect to a potential claim during the coverage relationship and shall contain i. particular information sufficient to identify the Insured ii. such information as can be reasonably obtained with respect to date time place persons involved and circumstances of such claim or potential claim iii. in the event of a potential claim its reason for believing that a claim might be made iv. the identity of anticipated or possible claimants and i. the nature of the potential monetary amounts or non monetary relief which may be sought in consequence of such specific act error or omission bodily injury or property damage. 4. Except with respect to those claims or potential claims that must be reported to the Insurer under paragraphs 1. or 2. above the Insured Entity must give the Insurer a loss run in a format and with detailed information specified by the Insurer on a quarterly basis showing each individual claim or potential claim by policy period. If the information on such loss run is not within the scope of the situations set forth in paragraphs 1. or 2. above then the Insurer will consider the loss run information to be a notice of a claim or potential claim provided such information is provided in the loss run format specified by the Insurer. Upon nonrenewal or cancellation of this policy the First Named Insured must submit a final loss run within 30 days of such termination. Al loss runs shall be submitted to the Insurer at the address set forth in the Declarations. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 20 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 34 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Information provided in such loss run will not constitute notice of a claim or potential claim in those situations described in paragraphs 1. or 2. above unless the Insured Entity complies with paragraph 3. above. 5. If the Insured Entity reports a potential claim as specified in paragraphs 1. 2. or 4. above then any claim that may subsequently be made against the Insured Entity arising out of such potential claim shall be deemed to have been made on the date the Insurer received such written notice of the potential claim. Until the date a claim is made that arises out of such reported potential claim the Insurer will pay for all costs or expenses that it incurs at its sole discretion as a result of investigating such potential claim and 6. the Insured Entity will a. cooperate with the Insurer in addressing all claims and potential claims required to be reported to the Insurer in accordance with this paragraph C. Notice of Claims and Potential Claims and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. b. allow the Insurer to examine and audit the Insured Entity s claim handling procedures and any individual claims at any time until all claims are closed. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the Insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. Premium All premium charges under this policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. The Insurer computes the premium for this policy using information available prior to the effective date of the policy. On some policies the Insurer charges a fixed amount with no adjustment later. On auditable policies all or part of the Named Insured s premium may be based on estimates. The deposit premium for auditable policies is shown on an audit endorsement and is due on the inception date of the policy. On auditable policies the Insurer computes the Named Insured s actual premium when complete information is available after the end of the policy period. If it is more than the Named Insured has already paid the Named Insured owes the Insurer the difference. If it is less the Insurer shall pay the Named Insured back the difference. However the Named Insured will not pay less than any minimum annual premium agreed upon. The Named Insured must keep accurate records of the information the Insurer requires to compute the Named Insured s premium. The Named Insured agrees to send the Insurer these records at the end of each policy period or any other time requested by the Insurer. Severability of Interests Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the First Named Insured this insurance applies Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 21 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 35 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. W. Territory This policy applies to incidents including incidents that take place through the Internet or similar electronic means of communication occurring anywhere in the world provided that the claim is made and any legal proceedings are pursued within the United States of America its territories possessions or commonwealths Puerto Rico or Canada. X. Transfer of Interest Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. Y. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary to secure the Insurer s rights and must do nothing to prejudice such rights. EXTENDED REPORTING PERIOD Extended reporting periods as set forth below are applicable solely to the extent the underlying insurance or unscheduled underlying insurance is written on a claims made basis. The Extended Reporting Period shall apply in conformance with the underlying insurance except as otherwise set forth below. A. Automatic Extended Reporting Period We will provide the Insured Entity with an automatic non cancelable extended reporting period starting at the termination of the policy period if the Insured Entity has not obtained replacement insurance within sixty 60 days of the termination of this policy. This automatic extended reporting period will terminate after sixty 60 days. B. Optional Extended Reporting Period 1. If the Insured Entity has the right to purchase and exercises its right to purchase an extended reporting period under a primary policy the Insured Entity shall have the right to purchase an extended reporting period for an additional premium determined in accordance with the rules rates and rating plans in effect for the Insurer at the inception of such extended reporting period provided the Insured Entity has paid the Insurer any amounts owed to it together with any earned but unpaid premium which may be due under this policy. Such extended reporting period shall be for the same term of the extended reporting period purchased under such primary policy. However the Limits of Insurance for all claims reported during such extended reporting period shall be subject to paragraph C. below and shall be excess of the primary policy Limits of Insurance. 2. Solely to the extent that this policy is excess of a self Insured retention and solely to the extent that the Insured Entity has not obtained replacement insurance if the Insured Entity writes to the Insurer within 60 days of the termination date telling the Insurer that the Insured Entity wants an extended reporting period beyond the automatic extended reporting period the Insured Entity shall have the right to purchase an extended reporting period for an additional premium determined in accordance with the rules rates and rating plans in effect for the Insurer at the inception of the Extended Reporting Period provided the Insured Entity has paid the Insurer any amounts owed to it together with any earned but unpaid premium which may be due under this policy. The Limits of Insurance for all claims reported during such extended reporting period shall be subject to paragraph C. below and shall be excess of the reinstated self insured retention Limits of Insurance. Once paid the premium for this option is non refundable and considered fully earned. Healthcare Umbrella Policy Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 22 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 36 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy C. Automatic and optional extended reporting periods Limits of Insurance The Insurer s liability for all claims reported during the automatic and optional extended reporting periods shall be part of and not in addition to the Limits of Insurance for the policy period as set forth in the DECLARATIONS. D. Itis understood and agreed that no extended reporting period shall be construed to be a new policy and any claim submitted during an extended reporting period shall otherwise be governed by this policy. E. The optional extended reporting period if any will run concurrently with the automatic extended reporting period. If purchased extended reporting period coverage may not be cancelled. F. Such extended reporting periods as set forth in paragraphs A. or B. shall not apply to claims that are covered under any subsequent insurance or that would be covered but for exhaustion of the Limit of Insurance applicable to such claims. DEFINITIONS Administrative services means planning organizing directing and controlling on the Insured Entity s behalf the medical operations of the Insured Entity by or on behalf of an administrator. Administrative services include services as a member of a formal review board. Administrative services do not include A. employment benefit plan program or policy consultation administration or implementation B. billing services recording of accounts or monetary transactions financial reporting and budgeting. administration of insurance plans including claims administration billing and collection services quality assurance and risk management activities performed for others C. D. E. case management utilization management or utilization review performed for others E G. marketing and advertising activities H designing developing programming distributing installing licensing servicing and maintaining computer hardware and software including web based applications web sites and online services. Administrator means any natural person who is now was or will be an executive officer superintendent medical director any department head including the head of the medical staff any formal review board member any staff member or any stockholder of the Insured Entity but solely to the extent that he or she performs administrative services on the Insured Entity s behalf. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Insured Entity s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Insured Entity s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Aircraft means a vehicle designed to transport persons or property in the air. Healthcare Umbrella Policy Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 23 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 37 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Applicable underlying limit means the total available Limits of Insurance applicable to any claim or all claims in the aggregate as stated in the underlying insurance or as provided in any unscheduled underlying insurance. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Auto means A. aland 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 responsi insurance law in the state where it is licensed or principally garaged. ty law or other motor vehicle However auto does not include mobile equipment. Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Insured Entity to give or receive notice of a claim. Bodily injury means bodily injury sickness or disease sustained by a person including death. Bodily injury also includes mental injury or mental anguish sustained by a person at any time if such mental injury or mental anguish results as a consequence of such bodily injury sickness or disease. Cafeteria plans means plans authorized by applicable law to allow employees as defined with respect to the employee benefits program to elect to pay for certain benefits with pre tax dollars. Claim means A. a civil proceeding in which damages because of injury to which this insurance applies are alleged including 1. an arbitration proceeding alleging such damages or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent or B. a written or oral demand for damages alleging injury to which this insurance applies. Coverage relationship means that period of time that begins on the Effective Date of the first policy issued by the Insurer to the First Named Insured of which this policy is a renewal in a consecutive series of renewals and ends on the cancellation date or nonrenewal date of the last such consecutive renewal policy issued by the Insurer to the First Named Insured where there has been no gap in coverage. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of incidents covered by this policy. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include A. restitution return or disgorgement of fees costs and expenses paid or incurred or charged by an Insured no matter whether claimed as restitution of specific funds forfeiture financial loss set off or otherwise and injuries that are a consequence of any of the foregoing B. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 24 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 38 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy G. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards injunctive or declaratory relief any amount that is not insurable under any applicable law or with respect to any employee benefits program any amounts 1. for benefits to the extent that such benefits are available with reasonable effort and cooperation of the Insured from the applicable funds accrued or other collectible insurance or 2. that exceed the limits and restrictions that apply to the payment of benefits in any plan included in such employee benefits program or plaintiff s attorney fees associated with any of the above. Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Insured Entity in the defense or appeal of any covered claim and includes premium for appeal bonds attachment bonds or similar bonds arising out of a covered judgment. In ad n the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. However the Insurer will not pay prejudgment interest which accrues during that period of time after the Insurer offers to pay either 1. the Insurer s Limit of Insurance or 2. that portion of the Insurer s Limit of Insurance which when combined with the limits of underlying insurance and unscheduled underlying insurance equals the amount of a settlement demand. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment that is within the Limit of Insurance of this policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by an Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes the Insured s actual loss of earnings up to 750 per day because of time off from work. However defense costs do not include A. salaries wages fees overhead or benefit expenses associated with an Insured Entity s executive officers or employees fees and expenses of independent adjusters engaged by the Insurer or salaries of the Insurer s officials or employees other than fees and expenses charged by the Insurer s employed attorneys who may be designated to represent an Insured with such Insured s consent. Domestic partner means any person qualifying as such under any federal state or local laws or under the Insured Entity s employee benefits programs. 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. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 25 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 39 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Employee means a person whose work is or was engaged and directed by the Insured Entity including students and volunteers. An employee includes temporary workers and employees leased or loaned to the Insured Entity. However solely with respect to employee benefits program claims an employee does not include a temporary worker. An independent contractor is not an employee. Solely with respect to professional liability claims an employee does not include interns residents physicians surgeons dentists nurse anesthetists nurse midwives podiatrists or chiropractors acting in their capacity as such except to the extent they are rendering administrative services Good Samaritan services or proctoring services. Employee benefits liability claim means a claim arising out of employee benefits program services and alleging employee benefits services injury. Employee benefits program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise A. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements B. profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits C. unemployment insurance social security benefits workers compensation and disability benefits or D. vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Employee benefits program services means A. counseling employees including their dependents and beneficiaries in connection with an employee benefits program B. handling records in connection with an employee benefits program and C. effecting or terminating an employees participation in an employee benefits program Employee benefits services injury means injury other than bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render employee benefits program services. Executive officer means any natural person director officer trustee or governor of a corporation management committee member of a joint venture partner of any partnership or manager or member of the Board of Managers of a limited liability company. Solely with respect to professional liability claims an executive officer does not include interns residents physicians surgeons dentists nurse anesthetists nurse midwives podiatrists or chiropractors acting in their capacity as such. Extended reporting period means the period of time after the end of the policy period for reporting claims to the Insurer that are made against an Insured during the applicable extended reporting period arising out of incidents that took place on or after any applicable Retroactive Date and prior to the end of the policy period. First Named Insured means the entity first listed as a Named Insured in the Declarations. Formal review board means its official boards or committees formed for the purpose of A. evaluating the qualifications or performance of its professional staff or B. evaluating maintaining and ensuring the quality of professional services being provided at its healthcare facility. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 26 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 40 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for consumption. Good Samaritan services means services provided by a natural person Insured A. in a sudden and unforeseen emergency situation or B. at the direction of an Insured Entity for which no remuneration is expected demanded or received. Hazardous properties means radioactive toxic or explosive properties. Healthcare services means services performed by an Insured or by someone for whom an Insured is liable to care for or assist the Insured Entity s patient. Healthcare services include the furnishing of food beverages medications or appliances in connection with such services and the postmortem handling of human bodies. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than Insured product or Insured work that can not be used or is less useful because A. incorporates Insured product or Insured work that is known or thought to be defective deficient inadequate or dangerous or B. the Insured Entity has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of Insured product or Insured work or the Insured Entity s fulfilling the terms of the contract or agreement. Incident A. With respect to bodily injury other than covered bodily injury arising out of the rendering of professional services and property damage incident means an occurrence. B. With respect to personal and advertising injury incident means an offense arising out of its business. With respect to professional services injury incident means an act error or omission in the performance of professional services. D. With respect to employee benefits services injury incident means an act error or omission in the performance of employee benefits program services. Injury means bodily injury property damage personal and advertising injury professional services injury or employee benefits services injury. Insured means the Insured Entity and A. any individual who was is or becomes the Insured Entity s executive officer but only with respect to the conduct of its business. Its stockholders are also Insureds but only with respect to their liability as stockholders. B. any individual who was is or becomes its employee other than any executive officer but only for acts within the scope of their employment by the Insured Entity. However none of these employees are Insureds for 1. bodily injury other than covered bodily injury arising out of the rendering of professional services or personal and advertising injury Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 27 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 41 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
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