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CNA Healthcare Umbrella Policy a. to the Named Insured to the Named Insured s executive officers to a co employee while in the course of his or her employment b. to the spouse child parent brother or sister of that co employee as a consequence of paragraph 1.a. above c. for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1. a. and b. above. 2. property damage to property a. owned occupied or used by b. rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees or any executive officer. C. any individual who was is or becomes the Insured Entity s administrator. However solely with respect to professional liability claims 1. any individuals identified in paragraphs A. and B. above are Insureds only for healthcare services Good Samaritan services proctoring services or employee benefits program services performed by them on the Insured Entity s behalf or 2. any individuals identified in paragraph C. above are Insureds only for administrative services performed on the Insured Entity s behalf by such individual in his or her capacity as an administrator D. any other persons or organizations included as an insured under the provisions of underlying insurance and then only for the same coverage except for limits of insurance afforded under such underlying insurance. E. any person or organization to whom or to which the Insured Entity is obligated by virtue of a written contract or agreement a. to add to this policy as an additional insured for its liability or b. to hold harmless or indemnify such person or organization but such person or organization is an Insured exclusively for the vicarious liability imposed upon such person or organization i. with respect to any professional liability claim because of acts errors or omissions in the rendering of covered professional services by the Insured Entity and only to the extent of the Limits of Insurance required by such contract or agreement not to exceed the Limits of Insurance of this policy or with respect to bodily injury or property damage arising out of an occurrence or personal and advertising injury arising out of an offense for which such person or organization is vicariously liable because of acts or omissions committed by the Insured Entity. However this provision does not apply i. unless the written contract or agreement has been executed prior to the act error or omission in the rendering of professional services upon which the claim is based. The contract or agreement will be considered executed when the Insured s performance begins or when it is signed whichever happens first or to any person or organization for its liability arising out if its own acts errors or omissions. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 28 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 42 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Further where required by such written contract or agreement coverage for such person or organization shall be primary and non contributory as respects any other insurance policy issued to such additional Insured. Otherwise the section entitled CONDITIONS the paragraph entitled Other Insurance applies. This insurance applies only to the extent of the Limits of Insurance required by such contract not to exceed the Limits of Insurance in this policy. Insured contract means A. acontract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Insured Entity or temporarily occupied by the Insured Entity with permission of the owner is not an Insured contract a sidetrack agreement an easement of license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad an indemnification of a municipality as required by ordinance except in connection with work for a municipality an elevator maintenance agreement or the part of other contracts or agreements pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Insured Entity assume the tort liability of another to pay damages because o jury to a third person or organization if the contracts or agreements are made prior to the injury. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. However Insured contract does not include that part of a contract or agreement 115 that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing that indemnifies an architect engineer or surveyor for an bodily injury or property damage arising out of a. preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys change orders designs or specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in 2.a. above and supervisory inspection or engineering services. Insured Entity means the natural person or entity Named Insured and any subsidiary. Insured product means A. any goods or products other than real property manufactured sold handled distributed or disposed of by the Insured Entity others trading under its name or a person or organization whose business or assets the Insured Entity have acquired and containers other than vehicles materials parts or equipment furnished in connection with such goods or products. warranties or representations made with respect to the fitness quality durability performance or use of such goods products or containers and the providing of or failure to provide warnings or instructions. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 29 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 43 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy However Insured product does not include vending machines or other property rented to or located for the use of others but not sold. Insured work means A. work or operations performed by the Insured Entity or on its behalf and B. materials parts or equipment furnished in connection with such work or operations. C. warranties or representations made with respect to the fitness quality durability performance or use of such work operations materials parts and equipment and the providing of or failure to provide warnings or instructions. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Management control means A. owning interests representing more than 50 of the voting appointment or designation power for the selection of a majority of the Board of Directors of a corporation the management committee members of a joint venture or the members of the management board of a limited liability company or B. having the right pursuant to its written contract or the by laws charter operating agreement or similar documents to elect appoint or designate a majority of the Board of Directors of a corporation the management committee of a joint venture or the management board of a limited liability company. C. having the right pursuant to a written trust agreement to protect control the use of encumber or transfer or sell property held by a trust. Medicare Medicaid Claim means a claim based on or arising out of any actual or alleged violation of law with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. Microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes 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 microbes. However microbe does not mean microbes that were transmitted directly from person to person. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Insured Entity owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 30 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 44 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named Insured means any entity listed as such in the Declarations. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material i at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 D. any 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 material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 31 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 45 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Nuclear Waste means waste material A. containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in Insured Entity s advertisement or ging upon another s copyright trade dress or slogan in the Insured Entity s advertisement. Policy period means the time form 1201 A.M. on the effective date of this policy as set forth in the Declarations to the earlier of 1201 A.M. of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Potential claim means an incident that any authorized Insured has reason to believe would give rise to a claim. Primary policy means the policy providing the first layer of insurance applicable to the claim issued by an underlying insurer in the Schedule of underlying insurance. A self insured retention is not a primary policy. Proctoring services means supervision training assistance coaching or guidance provided on its behalf by A. aphysician or any other health care professional licensed trained and qualified to provide such supervision training assistance coaching or guidance or B. any other person under the supervision training or direction and control of such physician or health care professional. Professional liability claim means a claim arising out of professional services and alleging professional services injury. Professional services means the rendering to others of healthcare services Good Samaritan services proctoring services or administrative services. Professional services injury means bodily injury and solely with respect to administrative services other injury arising out of the rendering of or failure to render professional services. Products completed operations hazard means bodily injury or property damage occurring away from premises the Insured Entity own or rent and arising out of Insured product or Insured work except Healthcare Umbrella Policy Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 32 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 46 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy products that are still in its physical possession or B. work that has not yet been completed or abandoned. However Insured work will be deemed completed at the earliest of the following times 1. when all of the work called for in its contract has been completed 2. when all of the work to be done at the job site has been completed if its contract calls for work at more than one job site 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of 1. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Insured Entity and that condition was created by the loading or unloading of that vehicle by any Insured or 2. the existence of tools uninstalled equipment or abandoned or unused materials. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Related claim means claims arising out of a single incident or arising out of related incidents. Related incidents mean any incidents that are logically or causally connected by any common fact circumstance situation transaction event advice or decision. Self insured retention means the amounts listed in the Schedule of underlying insurance as self insured retentions that the Insured Entity has agreed to pay for all incidents for which the Insured entity is liable. Such self insured retention will apply A. on either a claims made basis or occurrence basis and B. with defense costs either eroding or not eroding the self insured retention limits all as indicated on the Schedule of underlying insurance. The self insured retention is subject to all other terms and condition of this policy. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Subsidiary means any entity in which the Named Insured has management control A. on the Effective Date of this policy or B. after the effective date of this policyand during the policy period by reason of being created or acquired by an Insured Entity after such date if and to the extent coverage with respect to the entity is afforded pursuant to the section entitled CONDITIONS the paragraph entitled New and Existing Subsidiaries Cessation of Subsidiaries. Healthcare Umbrella Policy Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 33 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 47 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Temporary worker means a worker who is furnished to the Insured Entity to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means the self insured retentions and the policies of insurance listed in the Schedule of underlying insurance including renewal or replacement of such insurance which is not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means any Insurer providing unscheduled underlying insurance or underlying insurance other than a self insured retention. It does not include any Insurer whose policies were purchased specifically to be in excess of this policy. Unscheduled underlying insurance means insurance policies available to an Insured but solely to the extent such policies cover incidents covered under this policy whether such policies are primary excess excess contingent or otherwise except the policies listed in the Schedule of underlying insurance. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of and within the scope of duties determined by the Insured Entity and is not paid a fee salary or other compensation by the Insured or anyone else for their work performed for the Insured. IN WITNESS WHEREOF the Insurer has caused this policy to be signed by the Insurer s Chairman and Secretary but this policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations and signed by the Insurer s duly authorized representative. mw Yoot o Holarul Chairman of the Board Secretary Form No CNA72888XX 10 2015 Policy No HMC 4032244662 1 Policy Page 34 of 34 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 48 of 52 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 | 1 |
CNA Healthcare Umbrella Policy Endorsement CANCELLATION AND NONRENEWAL AMENDATORY ENDORSEMENT WITH MINIM EARNED PREMIUM PROVISIONS It is understood and agreed that the following provisions are added to the section entitled CONDITIONS Cancellation I This policy can be canceled by either the First Named Insured or the Insurer. Il. Only the First Named Insured may cancel this policy at any time. To do so the First Named Insured must A. return the policy to the Insurer or any of its authorized representatives indicating the Effective Date of cancellation or B. provide a written notice to the Insurer stating when the cancellation is to be effective. The Insurer must receive the policy or written notice before the cancellation date. Ill. The Insurer can cancel this policy by giving written notice to the First Named Insured at its last known address at least A. the indicated number of days for Cancellation for Nonpayment as indicated on the Declarations if the Insurer cancels for non payment of premium or B. the indicated number of days for Cancellation for any Other Reason as indicated on the Declarations if the Insurer cancels for any other reason before the Effective Date of cancellation. IV. Notice of cancellation will state the Effective Date of cancellation. The policy will end on that date. V. If the Insurer cancels the refund will be pro rata. If the First Named Insured cancels the refund may be less than pro rata. The Insurer shall retain a minimum percentage of earned premium in the percentage set forth in the Declarations. The cancellation will be effective even if the Insurer has not made or offered a refund. VI. If notice is mailed proof of mailing will be sufficient proof of notice. Non renewal The Insurer can non renew this policy by giving written notice to the First Named Insured at its last known address at least the number of days for nonrenewal as indicated on the Declarations before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy. Form No CNA72899XX 04 2013 Policy No HMC 4032244662 1 Endorsement Effective Date Policy Effective Date 06302016 Endorsement No 1 Page 1 of 1 Policy Page 49 of 52 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. jalty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Endorsement I SERVICE OF SUIT ENDORSEMEI Wherever used in this endorsement Named Insured means the first person or entity named on the declarations page. In consideration of the premium paid for this Policy it is agreed that the following provision is added to the Policy SERVICE OF SUIT Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Insurer hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the below named as the person to whom the said officer is authorized to mail such process or true copy thereof. Service of process in such suit shall be made upon General Counsel Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 and in any suit instituted against such person upon this policy the Insurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The General Counsel is authorized and directed to accept service of process on behalf of the Insurer in any such suit and upon the request of the Named Insured to give a written undertaking to the Named Insured that he will enter a general appearance upon the Insurer s behalf in the event such suit shall be instituted. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy. Form No CNA74300XX 06 2014 Policy No HMC 4032244662 1 Endorsement Effective Date Policy Effective Date 06302016 Endorsement No 2 Page 1 of 1 Policy Page 50 of 52 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. jalty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Policy Endorsement I EXCLUSION OF CERTIFIED Al OF TERRORISM ENDORSEMENT Solely with respect to any coverage other than crime auto professional liability or any other coverage exempt from the Terrorism Risk Insurance Act as extended and reauthorized the Act it is understood and agreed as follows The policyholder has been previously notified of the availability of and the price for coverage of certified acts of terrorism under the Act. The policyholder has opted to exclude such coverage under any Coverage Part to which this endorsement is applicable. This endorsement excludes such certified acts of terrorism. I. The following exclusion is added Terrorism This insurance does not apply to any loss cost or expense arising directly or indirectly out of a certified act of terrorism. Il. The following new definition is added to the policy Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Act. The Act set forth the following criteria for a certified act of terrorism A. The act resulted in aggregate losses in excess of 5 million and B. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Il The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part or policy. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy. Form No CNA8B1757XX 03 2015 Policy No HMC 4032244662 1 Endorsement Effective Date Policy Effective Date 06302016 Endorsement No 3 Page 1 of 1 Policy Page 51 of 52 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. jalty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Coverage Part Endorsement I CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM ENDORSEMENT It is understood and agreed as follows Whenever used in this endorsement 1 we means the insurer listed on 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. A. Cap on Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Terrorism Risk Insurance Act as extended and reauthorized the Act. The criteria contained in the Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 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. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Policy such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy. Form No CNA81753XX 03 2015 Policy No HMC 4032244662 1 Endorsement Effective Date Policy Effective Date 06302016 Endorsement No 4 Page 1 of 1 Policy Page 52 of 52 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. jalty Company 333 S. Wabash Ave. Chicago IL 60604 | 2 |
CNA Healthcare Umbrella Table of Contents oo SCHEDULE OF UNDERLYING INSURANCE... CHANGE IN EXPOSURES ENDORSEMENT...... coiiiiiiiiiiiiiiiiiia ittt 5 Table of Contents Policy No HMC 4032244662 1 Copyright CNA All Rights Reserved. | 2 |
CNA Healthcare Umbrella Policy Schedule I SCHEDULE OF UNDERLYING INSURANCE Name of Insured Commercial General Liability Carrier Each Occurrence Policy Number Products Completed Operations Aggregate Policy Period Personal Advertising Injury Limit General Aggregate T Alaimce Madea e Each Claim Occurrence Aggregate If no amount is listed in the line above there is no Aggregate limit. Claims Made basis Occurrence basis Primary Policy Information Carrier Policy Number Policy Period Claims Made basis Occurrence basis Limits Each Occurrence Products Completed Operations Aggregate Personal Advertising Injury Limit General Aggregate or Self Insured Retention SIR 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 Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Commercial Automobile Liability Primary Policy Information Carrier Great American Insurance Company Policy Number CAP339326402 Policy Period 092915 092916 Limits Bodily Injury Liability Each person Each Occurrence Property Damage Liability Each Occurrence Combined Single Limit 1000000 or Self Insured Retention SIR Each Occurrence Aggregate If no amount is listed in the line above there is no Aggregate limit. Defense Costs inside SIR or Self Insured Retention SIR 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 Form No CNA72926XX 04 2013 Policy No HMC 4032244662 1 Policy Schedule Page 1 of 4 Policy Effective Date 06302016 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Policy Page 1 of 5 Copyright CNA All Rights Reserved. | 2 |
CNA Healthcare Umbrella Policy Schedule Name of Insured Reliant Rehabilitation Holdings Inc. dba Reliant Management Group LLC Excess Employers Liability Primary Policy Information Limits or Self Insured Retention SIR Carrier Bodily Injury by Bodily Injury by Great American ES Insurance Accident Each accident 2000000 Accident Each accident Company Policy Number Disease Policy Limit 2000000 Disease Policy Limit ECA3719976 Disease Each Employee 2000000 Disease Each Employee Policy Period 02132016 02132017 Defense Costs inside SIR Defense Costs outside SIR Name of Insured Professional Liability Primary Policy Information Claims made basis Carrier Policy Number Policy Period Self Insured Retention SIR Or Claims Made basis 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 Limits Each Claim Aggregate Form No CNA72926XX 04 2013 Policy Schedule Page 2 of 4 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No HMC 4032244662 1 Policy Effective Date 06302016 Policy Page 2 of 5 | 2 |
CNA Name of Insured Employee Benefits Liability Primary Policy Information Limits Carrier Each Employee Aggregate Policy Number Policy Period Healthcare Umbrella Policy Schedule or Self Insured Retention SIR 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 Claims Made basis Occurrence basis Name of Insured Other Liability Primary Policy Information Carrier Policy Number Policy Period Each Claim Occurrence Aggregate or Self Insured Retention SIR Each Claim Occurrence Aggregate Other Specify Other Specify Claims Made basis Occurrence basis 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 Form No CNA72926XX 04 2013 Policy Schedule Page 3 of 4 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No HMC 4032244662 1 Policy Effective Date 06302016 Policy Page 3 of 5 | 2 |
CNA Name of Insured Combined Self Insured Retention SIR Combined Self Insured Retention SIR Claims Made basis Applicable to check all that apply General Liability Claims or circumstances arising from occurrences other than professional liability claims Healthcare Umbrella Policy Schedule Limits Each Claim Aggregate Professional Liability Claims or circumstances arising from the rendering of professional services If no amount is listed in the line above there is no Aggregate limit. Defense Costs Defense Costs inside SIR Defense Costs outside SIR Other Liability Form No CNA72926XX 04 2013 Policy Schedule Page 4 of 4 Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. Policy No HMC 4032244662 1 Policy Effective Date 06302016 Policy Page 4 of 5 | 2 |
cNA Healthcare Umbrella Policy Endorsement I CHANGE It is understood and agreed that the First Named Insured has informed the Insurer of the following change in exposure X amendments to underlying auto and employers liab added. deleted. The indicated change results in Additional Premium in the amount of 0 Return Premium in the amount of 0. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy. Form No CNA72893XX 04 2013 Policy No HMC 40322446621 Endorsement Effective Date Policy Effective Date 06302016 Endorsement No 8 Page 1 of 1 Policy Page Underwriting Company Columbia Casualty Company 333 S. Wabash Ave. Chicago IL 60604 Copyright CNA All Rights Reserved. ualty Company 333 S. Wabash Ave. Chicago IL 60604 P P | 2 |
CNA nt Excess I CNA Param Insured Name DEFI SOLUTIONS GROUP LLC 455 S GULPH RD KING OF PRUSSIA PA 19406 3148 Policy Number CUE 6057129580 Policy Period 03292020 to 03292021 mbrella Liability Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 310 060692 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name DEFI SOLUTIONS GROUP LLC 455 S GULPH RD KING OF PRUSSIA PA 19406 3148 Policy Number CUE 6057129580 Policy Period 03292020 to 03292021 website www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Table of Contents I TABLE OF CONTEN TABLE OF CONTENTS POLICYHOLDER NOTICE POLICY DECLARATIONS POLICY SCHEDULE POLICY POLICY ENDORSEMENT Page Number 2 Table of Contents Policy No CUE 6057129580 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE CLOSURE OF PREMI 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. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has 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 the Named Insured 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 the Insurer is required to offer the Named Insured 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 Program 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 the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer 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 CNA75532XX 01 2015 Policy No CUE 6057129580 Policyholder Notice Page 1 of 2 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 49 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s 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 is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 6057129580 Policyholder Notice Page 2 of 2 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 49 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 6057129580 Policyholder Notice Page 1 of 1 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 49 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 6057129580 Policyholder Notice Page 1 of 1 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 49 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I An Insurance Company its agents employees or service contractors acting on its behalf may provide services to reduce the likelihood of injury death or loss. These services may include any of the following or related serv ices incident to the application for issuance renewal or continuation of a policy of insurance I. Surveys Il Consultation or advice or IIl. Inspections. The Insurance Consultation Services Exemption Act of Pennsylvania provides that the Insurance Company its agents employees or service contractors acting on its behalf is not liable for damages from injury death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services. The Act does not apply A. If the injury death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company its agents employees or service contractors B. To consultation services required to be performed under a written service contract not related to a policy of insurance or C. If any acts or omissions of the Insurance Company its agents employees or service contractors are judicially determined to constitute a crime actual malice or gross negligence. Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania. Form No IL 09 10 07 2002 Policy No CUE 6057129580 Policyholder Notice Page 1 of 1 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 49 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address DEFI SOLUTIONS GROUP LLC 455 S GULPH RD KING OF PRUSSIA PA 19406 3148. Policy Information. Producer Information Policy Number 6057129580 Producer Renewal of 6057129580 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 The Continental Insurance Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period 03292020 to 03292021 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 25000000 Aggregate Limit 25000000 Aggregate Products Completed Operations Hazard Limit 25000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention 10000 eEiiieu Hioviod. DEFI SOLUTIONS GROUP LLC PA 19406 3148 YYoV 129580 ddress ance Company NIES LLC 64112 0 060692 TR M R T AmeR e Form No CNA75501XX 03 2015 Policy No CUE 6057129580 Policy Declarations Page 1 of 3 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 49 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Insurance General Liability Company 6057129546 03292020 to 03292021 Coverages Each Occurrence Limit General Aggregate Limit Per Location yes Per Proiect no Limits of Insurance 1000000 2000000 Underlying Insurance Coverages General Liability Each Occurrence Limit Limits of Insurance 1000000 General Aggregate Limit Per Location yes Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 1000000 2000000 Auto Liability Combined Single Limit 1000000 Valley Forge Insurance Company 6057129532 03292020 to 03292021 Valley Forge Insurance Company 6057129577 03292020 to 03292021 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6057129580 Policy Declarations Page 2 of 3 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 49 Copyright CNA All Rights Reserved. | 2 |
CNA Underlying Insurer Policy Number Policy Period Note Continental Insurance Company 6057129546 03292020 to 03292021 CNA Paramount Excess and Umbrella Liability Policy Declarations Underlying Insurance Coverages Limits of Insurance Employee Benefits Each Employee Limit 1000000 Liability Aggregate Limit 1000000 Underlying Insurance Coverages Employee Benefits Each Employee Limit Liability Aggregate Limit Limits of Insurance 1000000 1000000 Continental Insurance Company 6057129546 03292020 to 03292021 Stop Gap Liability Company Bodily Injury by Accident Each 6057129546 Accident Limit 1000000 03292020 to Bodily Injury by Disease Policy 03292021 Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000. Forms Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 17169.00 Premium includes the following amount for Certified Acts of 170 Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com rFremium U7 ot the lotal F 17 Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Address Form No CNA75501XX 03 2015 Policy No CUE 6057129580 Policy Declarations Page 3 of 3 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 49 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Schedule I Endorsement Form Name Form Number Form Edi Number PEI 1 CANCELLATION AND NON RENEWAL ENDORSEMENT CNA62814PA 09 2012 PENNSYLVANIA 2 UNDERLYING INSURANCE COVERAGE LIMITATION CNA76492XX 03 2015 ENDORSEMENT 3 AMENDMENT TO NAMED INSURED CNAB88301XX 08 2017 NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 POLICY DECLARATIONS CNA75501XX 03 2015 PENNSYLVANIA NOTICE IL09 10 07 2002 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 PoOLICY POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 ERAGE Form No CNAG2640XX 09 2012 Policy No CUE 6057129580 Policy Schedule Page 1 of 1 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 49 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium 03292020 17159.00 Total Cost 17159.00 Form No CNAB4401XX 12 2015 Policy No CUE 6057129580 Policy Schedule Page 1 of 1 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 49 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy o 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 of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 1 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 49 Copyright CNA All Rights Reserved. | 0 |
CNA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage 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 b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 2 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this 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. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 3 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. 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 defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured arising out of a. a defect deficiency inadequacy or dangerous condition in your product or your work or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 4 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or iv. 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 b. 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. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that perso b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 5 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under 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. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. 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 c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. 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 i the bodily injury property damage or personal and advertising injury 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. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 6 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any a. unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 7 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. ator 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 Named Insured may be legally responsible or iv. 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 a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 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 or 2 heat smoke or fumes from a hostile fire or b 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 v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 8 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph 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 vi. 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 vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. 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. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. 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. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment 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. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 9 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured 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 b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured 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 f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 10 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an 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. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury 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 other organic pathogens b. any actual or alleged 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 other organic pathogens by any Insured or by anyone else or c. any actual or alleged 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 other organic pathogens. 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. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 11 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. if the occurrence which caused the bodil providing or failing to provide transportation with respect to any person that may be under the influence of alcohol ury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct 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. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of 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 Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. 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 A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advel Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 12 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim 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. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or presence at any time of ca. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising injury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 13 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 14 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds C. With respect to the Coverage C Cri The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. is Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 15 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 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 and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 16 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 49 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured 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 at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured 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 of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured 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. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 17 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. 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 by the Insurer to form a part of this Policy. D. 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. E. Duties of the First Named Insured on the Declarations of this Policy 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 Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 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 c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. 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. G. 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. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 18 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 2. members or partners of joint venture or partnership Named Insureds. 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. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured 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 Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. 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. L. 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 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. 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 person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 19 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured 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 covered under this Policy. If the First Named Insured 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. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place the names and addresses of any injured persons and witnesses and the nature and location of any injury or damage arising out of the incident. Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b c d e death. if a claim is made against any Insured the Named Insured spinal cord injury including but not limited to paraplegia or quadriplegia loss of any organ severe disfigurement including but not limited to burns and amputations or i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 20 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims Crisis Management Event Covered Accident 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. P. 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 of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. 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. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds 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 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 21 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured 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 Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. 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. 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. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. 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 responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 22 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 23 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. 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 covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. 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 Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition 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. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. 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 which 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 Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 24 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 49 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. 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. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this 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 human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured 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 your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 25 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract B. a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad D. an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality E. an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodil of ury or property damage arising out a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer mmoow Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 26 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 49 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 27 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 28 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any 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 material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 29 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 49 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 30 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 49 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 31 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 49 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary 7 Secretary Form No CNA75504XX 03 2015 Policy No CUE 6057129580 Policy Page 32 of 32 Policy Effective Date 03292020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 49 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND N ENEWAL ENDORSEMENT PENNSYLVAN Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. B. The Insurer has the right to cancel this policy at any time and for any reason if the policy has been in effect less than sixty 60 days. The Insurer must deliver or mail notice of cancellation to the Named Insured at the last mailing address known to the Insurer at least thirty 30 days prior to the effective date of such cancellation. C. After this Policy has been in effect for sixty 60 days or more it may be canceled only for one of the following reasons 1. Non payment of premium 2. Material misrepresentation which affects the insurability of the risk 3. The policy was obtained through fraudulent statements omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by the company Material failure to comply with policy terms conditions or contractual duties 5. If the Insurer loses or substantially decreases its reinsurance on the risk which loss or decrease shall at the time of cancellation be certified to the Insurance Commissioner as directly affecting in force policies 6. Substantial change in the risk 7. Other reasons the Commissioner may approve. The Insurer must deliver or mail notice of cancellation at least sixty 60 days prior to the effective date of such cancellation. If cancellation is for non payment of premium or for material misrepresentation which affects the insurability of the risk the Insurer must mail notice of cancellation at least fifteen 15 days prior to the effective date of such cancellation. D. Notice of cancellation will state the reason for cancellation and the effective date of cancellation. The policy will end on that date. E. If notice is mailed notice shall be mailed by registered mail or first class mail. Notice of cancellation shall also state that at the Named Insured s request the Insurer shall provide loss information to the Named Insured for at least three 3 years or the period of time during which the Insurer provided coverage to the insured whichever is less. Form No CNA62814PA 09 2012 Policy No CUE 6057129580 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 03292020 Endorsement No 1 Page 1 of 2 Policy Page 45 of 49 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement Il. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. Ill. NON RENEWAL The Insurer has the right to non renew this policy effective on any policy anniversary date. All notices of non renewal must be delivered or mailed to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days prior to the effective date of such non renewal. If notice is mailed notice shall be mailed by registered mail or first class mail. All notices shall provide a specific explanation of the reasons for non renewal. IV. OTHER PROVISIONS If the Insurer intends to renew this policy with an increased premium the Insurer must provide notice at least sixty 60 days prior to the effective date of such renewal. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. CNA Paramount Excess and Umbrella Liability Policy Endorsement Form No CNA62814PA 09 2012 Policy No CUE 6057129580 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 03292020 Endorsement No 1 Page 2 of 2 Policy Page 46 of 49 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I INDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Coverage Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions it is amended with the addition of the following new exclusion Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any underlying insurance. In the event of any difference between a. exclusions restrictions limiting terms or conditions in this policy and b. exclusions restrictions limiting terms or conditions in the underlying insurance addressing the same general risk or hazard then the more restrictive provision shall apply. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76492XX 03 2015 Policy No CUE 6057129580 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 03292020 Endorsement No 2 Page 1 of 1 Policy Page 47 of 49 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that 1. The section entitled WHO IS AN INSURED is amended as follows a. Paragraph A. is deleted and replaced by the following A. With respect to Coverage A Excess Follow Form Liability 1 Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability 2 Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A Excess Follow Form Liability but only for the same coverage except for limits of insurance afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B Umbrella Liability Entities that are named insureds under the provisions of underlying insurance but only while a Named Insured has management control over the entity during the policy period subject to the following 1 the coverage provided by this insurance to such an entity does not apply to a bodily injury or property damage that occurred or b personal and advertising injury caused by an incident first committed before a Named Insured has management control or after a Named Insured ceases to have management control and 1 no person or organization is a Named Insured a with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not covered by this endorsement as a Named Insured or b if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision management control means a Named Insured e has more than 50 ownership interest in the entity directly or indirectly or e exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following C. With respect to Coverage C Crisis Event Management and Coverage D Key Employee any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No CNA8B8301XX 08 2017 Policy No CUE 6057129580 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 03292020 Endorsement No 3 Page 1 of 2 Policy Page 48 of 49 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 2. The section entitled DEFINITIONS is amended to delete the defi the following ition of Named Insured and replace it with Named Insured means the persons or organizations named as such in the Declarations and any other organization qualifying as a Named Insured in the Section entitled WHO IS AN INSURED. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA8B8301XX 08 2017 Policy No CUE 6057129580 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 03292020 Endorsement No 3 Page 2 of 2 Policy Page 49 of 49 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
HDI GLOBAL INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 60601 312 580 1900 COMMERCIAL LINES POLICY FOR PALLADIO INDUSTRIES INC Policy CUD5692001 Policy Period October 062021 to October 06 2022 Underwriting Team JAMIE BROWN Underwriter Underwriting Assistant Loss Not ion To report a claim 24 hours a day 7 days a week please contact us as soon as practicable for further assistance Telephone 1 866 484 2053 Fax 1 866 477 8502 Email newclaimsus.hdi.global POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY ILSU 4003 01 20 Page 1 of 2 | 2 |
In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. Senior Vice President Corporate Secretary Patricia Ryan Bl 2 President Bradley S. Diericx ILSU 4003 01 20 Page 2 of 2 | 2 |
HDI GLOBAL INSURANCE COMPANY 161 N. CLARK STREET 48 FLOOR CHICAGO IL 60601 IMPORTANT NOTICE TEXAS Have a complaint or need help If you have a problem with a claim or your premium call your insurance company first. If you ca nt work out the issue the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance you should also file a complaint or appeal through your insurance company. If you do nt you may lose your right to appeal. HDI Global Insurance Company To get information or file a complaint with your insurance company Call General Counsel Senior Vice President at 312 580 1900 Toll Free 1 800 607 3488 Online www.hdi.global Email infous.hdi.global Mail 161 N. Clark St. 48 Floor Chicago IL 60601 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state Call with a question 1 800 252 3439 File a complaint www.tdi.texas.gov Email ConsumerProtectiontdi.texas.gov Mail MC 111 1A P.O. Box 149091 Austin TX 78714 9091 Tiene una queja o necesita ayuda Si tiene un problema con una reclamacion o con su prima de seguro llame primero a su compaiiia de seguros 6 HMO. Si no puede resolver el problema es posible que el Departamento de Seguros de Texas Texas Department of Insurance por sun ombre en ingls pueda aydar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas tambin debe presentar una queja a travs del proceso de quejas o de apelaciones de su compaiiia de seguros. Si no lo hace podria perder su derecho para apelar. HDI Global Insurance Company Para obtener informacin o para presentar una queja ante su compariia de seguros Llame a Consejero General Snior VicePresidente al 312 580 1900 Telfono gratuito 1 800 607 3488 En linea www.hdi.global Correo Electrnico infous.hdi.global Direccion postal 161 N. Clark St. 48 t Floor Chicago IL 60601 113014 TX 12 19 | 2 |
El Departamento de Seguros de Texas Para obtener ayda con una pregunta relacionada con los seguros o para presentar una queja ante el estado Llame con sus preguntas as 1 800 252 3439 Presente una queja en www.tdi.texas.gov Correo electrnico ConsumerProtectiontdi.texas.gov Direccion postal MC 111 1A P.O. Box 149091 Austin TX 78714 9091 113014 TX 12 19 | 2 |
HDI Global Insurance Company HDI Specialty Insurance Company Privacy Policy We value your business and your trust in HDI. The privacy and confidentiality of your personal information is among our top priorities. This explains our practices and procedures for securing your personal information before during and after your relationship with us. We will provide one copy of this Privacy Statement with each policy we issue. Additional copies of this statement are available upon request. Thank you for choosing HDI for your insurance needs. How We Protect Your Information We understand the importance of securing your personal information. We have physical electronic and procedural safeguards in place to protect your nonpublic personal data in compliance with applicable state federal laws. We restrict employee access to customer information only to those who have a business reason to know in order to provide our products and services to you. What Personal Information We Collect About You We collect nonpublic personal information about you from the following sources only as our business needs require e Information received on applications and other forms whether in writing in person by phone electronically or by other means such as names addresses and employment information. e Information about your transactions with us our affiliates or others associated with our business relationship and information we receive from insurance agents consumer reporting agencies investigators connected with claims adjusting state motor vehicle departments inspection services insurance support organizations or other sources as permitted or required by law. e Information we receive in medical records or from medical professionals. e Information otherwise obtained in the claims adjustment process including litigation. What Personal Information We Disclose About You We do not disclose any of our customers or other persons nonpublic personal information to anyone except as permitted or required by law. Permitted disclosures include information to process transactions on your behalf and information about you or about participants beneficiaries or claimants under your insurance policy in the normal course of business. PP 3000 05 17 | 2 |
Policy Number CUD5692001 COMMON POLICY DECLARATIONS RENEWAL OF CUD5692000 HDI Global Insurance Company 161 North Clark Street 48th Floor Chicago IL 60601 Item 1. Named Insured and Mailing Address Agent Name and Address PALLADIO INDUSTRIES INC LOCKTON COMPANIES LLC 2114 TRINO RD 444 W. 47TH STREET TEMPLE TX 76504 SUITE 900 KANSAS CITY MO 64112 1906 AgentNo. P02079004 Item2. Policy Period From 10 06 2021 To 10 06 2022 at 1201 A.M. Standard Time at your mailing address shown above. Item3. Business Description Form of Business CORPORATION Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part NOT COVERED Commercial Crime Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Auto Dealers Coverage Part NOT COVERED COMMERCIAL UMBRELLA COVERAGE PART 7071.00 Total Policy Premium 7071.00 Item5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned M Date uthunzed Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0197 COMMON POLICY DECLARATIONS HDI Global Insurance Comp 161 North Clark Street 48th Floor Chicago IL D5692001 RENEWAL OF CUD5692000 1149 1IRINO KD EMPLE TX 76504 nan nan nan nan 6.0 | 2 |
HDI GLOBAL INSURANCE COMPANY Date 1062021 PALLADIO INDUSTRIES INC 2114 TRINO RD TEMPLE TX 76504 Re Anti Fraud Warning Statement Requirements Policy Number CUD5692001 Pursuant to statutory requirements we are required to inform you of the specific Anti Fraud Warning Statement that is required on all applications for insurance. Some jurisdictions require your signature. Carefully review the attached form which includes the appropriate anti fraud statement. Please sign the attachment where necessary if you are domiciled in a state that requires your signature and return it to us as soon as possible. Thank you for your cooperation. Sincerely James Clark Chief Underwriting Officer 161 North Clark Street 48 Floor Chicago I1 60601 113004 MS 01 16 | 2 |
1130 12 TX 08 09 HDI GLOBAL INSURANCE COMPANY TEXAS DISCLOSURE FORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. We the insurance company acknowledge the terms conditions and coverages provided in this policy have been negotiated in good faith with you the insured. You have agreed to accept the terms conditions and coverages. Please note that no coverage is provided for the exposures as checked below Asbestos Aircraft Products Contraceptive Products Diacetyl Diethylstilbestrol DES Electromagnetic Fields Formaldehyde Lead Pollution Polychlorinated Biphenols PCB Silica Subsidence Please refer to the specific part of the policy or endorsement for further coverage detail. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 1130 12 TX 08 09 | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake 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 war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 1 of 1 o IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy a. By mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least 10 days before the effective date of cancellation. However if this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then the notice of cancellation as described above will be provided to the first Named Insured 30 days before the effective date of cancellation. We will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL02751113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
b. 1 2 For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver.. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
IL AM 4001 10 11 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL AM 4001 10 11 | 2 |
IL P 001 01 04 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
Policy Number CUD5692001 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company Named Insured PALLADIO INDUSTRIES INC Effective Date 10 06 21 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. P02079004 COMMON POLICY FORMS AND ENDORSEMENTS IL SU 4003 01 20 POLICY JACKET II 3014 TX 12 19 TEXAS NOTICE PP 3000 05 17 PRIVACY NOTICE CO DEC 01 97 COMMON POLICY DECLARATIONS II 3004 MS 01 16 ANTI FRAUD WARNING LETTER II 3012 TX 08 09 TEXAS DISCLOSURE FORM IL 00 17 11 98 COMMON POLICY CONDITIONS IL 02 75 11 13 TEXAS CHANGES CANC NONRENL IL AM 4001 10 11 ECONOMIC OR TRADE SANCTIONS IL P 001 01 04 US TREASURY DEPT S OFAC ADVISORY NOTICE FORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS INSTALL FORM 01 02 INSTALLMENT SCHEDULE UMBRELLA FORMS AND ENDORSEMENTS 09 18 COMMERCIAL UMBRELLA LIABILITY DEC 04 13 COMMERCIAL LIAB UMBRELLA COVERAGE FORM 12 19 EXCLUSION INTERCOMPANY PRODUCTS SUITS 02 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 12 04 FUNGI OR BACTERIA EXCLUSION 01 15 EXCL OF OTHR ACT OF TERR COMM OUTSIDE US 01 15 EXCL OF CERT ACTS OF TERR EXCL OF OTHR 05 09 COMMUNICABLE DISEASE EXCLUSION 05 14 EXCL ACC DISC OF PI W LTD BI EXCEPTION 09 14 CU LIABILITY COVERAGE FORM 03 12 TEXAS CHANGES 12 07 INCIDENTAL MEDICAL MALPRACTICE 12 07 NEWLY ACQUIRED ENTITIES AMENDMENT 12 07 LEAD EXCLUSION 01 06 EXCLUSION OF TERRORISM 03 05 SILICA OR SILICA RELATED DUST EXCLUSION 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION 01 08 23 27 31 35 58 86 20 55 20 20 20 46 50 30 FORM SCHED 0197 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company CUD5692001 OF FORMS AND ENDORSEMENTS nsurance Company NC Effective Date 10 06 21 1201 A.M. Standard Time OMMUN FOLLILY FPOURMS AND BNDURoOEMENLOS L SU 4003 01 20 POLICY JACKET I 3014 TX 12 19 TEXAS NOTICE P 3000 05 17 PRIVACY NOTICE O DEC 01 97 COMMON POLICY DECLARATIONS I 3004 Ms 01 16 ANTI FRAUD WARNING LETTER I 3012 TX 08 09 TEXAS DISCLOSURE FORM L 00 17 11 98 COMMON POLICY CONDITIONS L 02 75 11 13 TEXAS CHANGESCANC NONRENL L AM 4001 0 1 ECONOMIC OR TRADE SANCTIONS L P 001 01 04 US TREASURY DEPT S OFAC ADVISORY NOTICE ORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS NSTALL FORM 01 02 INSTALLMENT SCHEDULE MBRELLA FORMS AND ENDORSEMENTS U DEC 09 18 COMMERCIAL UMBRELLA LIABILITY DEC U 00 01 04 13 COMMERCIAL LIAB UMBRELLA COVERAGE FORM U 21 08 12 19 EXCLUSION INTERCOMPANY PRODUCTS SUITS U 21 23 02 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT u 21 27 12 04 FUNGI OR BACTERIA EXCLUSION U 21 31 01 15 EXCL OF OTHR ACT OF TERR COMM OUTSIDE US U 21 35 01 15 EXCL OF CERT ACTS OF TERR EXCL OF OTHR U 21 58 05 09 COMMUNICABLE DISEASE EXCLUSION U 21 86 05 14 EXCL ACC DISC OF PI W LTD BI EXCEPTION U AM 2001 09 14 CU LIABILITY COVERAGE FORM U 01 55 03 12 TEXAS CHANGES U AM 2007 12 07 INCIDENTAL MEDICAL MALPRACTICE U AM 2011 12 07 NEWLY ACQUIRED ENTITIES AMENDMENT U EX 2016 12 07 LEAD EXCLUSION U 21 46 01 06 EXCLUSION OF TERRORISM U 21 50 03 05 SILICA OR SILICA RELATED DUST EXCLUSION U 24 30 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION | 2 |
Policy Number CUD5692001 INSTALLMENT SCHEDULE HDI Global Insurance Company Named Insured PALLADIO INDUSTRIES INC Effective Date 10 06 21 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. P02079004 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL DEPOSIT 10062021 7071.00 7071.00 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 CUD5692001 INSTALLMENT SCHEDULE HDI Global Insurance Company amed Insured PALLADIO INDUSTRIES INC Effective Date 10 06 21 1201 A.M. Standard Time PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL EPOSIT 10062021 7071.00 7071.00 PREMIUM 7071.00 SURCHARGE | 2 |
Policy Number CUD5692001 Renewal Of CUD5692000 COMMERCIAL LIABILITY UMBRELLA DECLARATIONS HDI GLOBAL INSURANCE COMPANY 161 North Clark Street 48th Floor Chicago IL 60601 Named Insured and Mailing Address Producer Name and Address PALLADIO INDUSTRIES INC LOCKTON COMPANIES LLC 2114 TRINO RD 444 W. 47TH STREET TEMPLE TX 76504 SUITE 900 KANSAS CITY MO 64112 1906 Producer No. P02079004 Policy Period From 10062021 To 10062022 At 1201 AM Standard Time at your mailing address shown above IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Description Of Business Form Of CORPORATION Business Description Limits Of Insurance Each Occurrence Limit Liability Coverage 2000000 Personal And Advertising Injury Limit 2000000 Any One Person Or Organization Aggregate Limit Liability Coverage 2000000 Other Self insured Retention MINIMUM RETENTION 50000 Subtotal Premium 7071.00 State Tax Or Other if applicable Total Premium Subject To Audit 7071.00 Payable At Inception Audit Period If Applicable Not Applicable Endorsements Endorsements Attached To This Policy See Schedule Of Forms And Endorsements THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Countersigned Date By Authorized Representative CUDEC 09 18 Page 1 of 2 COMMERCIAL LIABILITY UMBRELLA DECLARA HDI GLOBAL INSURANCE COMPANY 161 North Clark Street 48th Floor Chicago IL 60601 I ATIONS 4 114 TRINO RD EMPLE TX 76504 2 1906 e we vy Lyuy And Advertising Injury Limit 2000000 te Limit Liability Coverage red Retention MINIMUM RETENTION Subtotal Premium State Tax Or Other if applicable Total Premium Subject To Audit CUDEC 09 18 | 2 |
Policy Number CUD5692001 SCHEDULE OF UNDERLYING INSURANCE UNDERLYING COVERAGE CARRIER LIMIT OF INSURANCE POLICY NUMBER AND POLICY PERIOD UNDERLYING LIMIT Commercial Auto Liability Other Than Auto Dealers Liability PROGRESSIVE COUNTY MUTUAL INS CO CGombined Single Limit Each 1000000 08282962 2 Accident 10182021 10182022 OR Bodily Injury Each Person Bodily Injury Each Accident Property Damage Each Accident Commercial General Liability HDI GLOBAL INSURANCE COMPANY Each Occurrence Limit 1000000 GLD5691901 10062021 10062022 General Aggregate Limit 1000000 Occurrence Form Personal and Advertising Injury Limit 1000000 XClaims made Form 04012020 Retroactive Date Products Completed Operations 1000000 Aggregate Limit ity M PROGRESSIVE COUNTY MUTUAL INS CO 08282962 2 10182021 10182022 ombined Single Limit Each ccident OR odily Injury Each Person odily Injury Each Accident 1000000 1000000 DIty NCE COMPANY 2 ach Occurrence Limit 1000000 eneral Aggregate Limit 1000000 ersonal and Advertising Injury Limit 1000000 roducts Completed Operations 1000000 Page 2 of 2 CUDEC 09 18 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance.. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 1 of 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages clamed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faling to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Page 2 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 3 of 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 4 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured. k. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest. I. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. m. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 Page 4 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damageincluded in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications 3 Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager 4 Engineering services including related supervisory or inspection services 5 Medical surgical dental X ray or nursing services treatment advice or instruction 6 Any health or therapeutic service treatment advice or instruction 7 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy 8 Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs 9 Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. CU 00010413 Insurance Services Office Inc. 2012 Page 5 of 18 | 1 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 2 3 4 5 6 8 Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 10 1 12 13 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 15 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i ii or iii above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or faling to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d 16 f Any health or therapeutic service treatment advice or instruction 9 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing services k Services in the practice of pharmacy Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any clam we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. c f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and b CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. 5 A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. 6 Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 of 18 | 1 |
SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal ajudgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Ill Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the clam or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send wus copies of any demands notices summonses or legal papers received in connection with the claim or suit SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limitis the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B. 3. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization. 5. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 Insurance Servic Insurance Services Office Inc. 2012 CU 00010413 | 1 |
2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any clam under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice.. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12. Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13. Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 1 14. Expanded Coverage Territory If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums.. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred.. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico.. The insured must fully maintain any coverage required by law regulaton or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury.. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America.. Covered auto means only those autos to which underlying insurance applies.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
10. 1 12 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 13. 14. f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18. Property damage means 1 2 a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits.. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
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