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b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 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. 28. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
COMMERCIAL LIABILITY UMBRELLA Ccu21081219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to any claim made or suit brought for damages by any Named Insured under this Policy against another Named Insured under this Policy because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CU21081219 Insurance Services Office Inc. 2018 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured 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 organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 This endorsement modifies insurance provided under the following 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3 Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes pruduced by the extraction or concentra Ilon of uranum or thorium from any ore processed t rla content and b 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21 23 02 02 ISO Properties Inc. 2001 Page 1 of 2 m | 2 |
Nuclear facility means a b c Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 21230202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CuU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CuU21310115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 4. The terrorism is carried out by means of the This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act CU21310115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. 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. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 CU21310115 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21350115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or This endorsement modifies insurance provided under the following 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or CU21350115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. 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. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 CU21350115 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2158 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or. Failure to report the disease to authorities. B. The following is added to Paragraph 2.a. of Sec tion Coverage B Personal And Advertising In jury Liability 2. Exclusions This insurance does not apply to a. Personal and advertising injury Communicable Disease Arising out of the actual or alleged trans mission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the 1 Supervising hiring employing training or monitoring of others that may be in fected with and spread a communicable disease 2 Testing for a communicable disease 3 Failure to prevent the spread of the disease or 4 Failure to report the disease to authori ties. CU 21 58 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 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 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 This endorsement modifies insurance provided under the following As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
CU AM 2001 09 14 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT THIS ENDORSEMENT AMENDS THE CONDITIONS DEFINITIONS EXCLUSIONS INSURING AGREEMENT LIMITS OF LIABILITY AND WHO IS AN INSURED SECTIONS. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Coverage Form. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following wording is added to paragraph 2. Exclusions The following exclusions are added Aircraft Products and Grounding This insurance does not apply to bodily injury or property damage arising out of aircraft products or the grounding of any aircraft. Asbestos 1 Any bodily injury or property damage arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Discrimination Any bodily injury arising out of any alleged or actual discrimination. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY The following exclusions are added Liquor Liability Personal and advertising injury for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing 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. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. Auto Coverages 1 Personal and advertising injury arising out of the ownership maintenance or use of any auto which is not a covered auto or THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 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. Aircraft or Watercraft personal and advertising injury 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. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured. 4 Racing Activities personal and advertising injury 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 by an insured. Discrimination Any personal and advertising injury arising out of any alleged or actual discrimination. Employers Liability Any personal and advertising injury arising out of 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 a Whether the insured may be liable as an employer or in any other capacity and b To any obligation to share damages with or repay someone else who must pay damages because of the injury. SUPPLEMENTARY PAYMENTS COVERAGES A AND B Paragraph 1.f. is replaced by 1.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. However prejudgment interest is not included in defense costs and expenses. SECTION Il WHO IS AN INSURED Paragraph A.1.c. is replaced by c. Any reference to the Named Insured does not include any organization you newly acquire or form after the inception date of this policy. SECTION Iil LIMITS OF INSURANCE Paragraph 2. is replaced by 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A and b. Coverage B. Prejudgment interest awarded against the insured on the part of the judgment we pay. If we make an offer to pay THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 2 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. the remaining available Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Each payment we make for such damages reduces the Aggregate Limit by the amount of the payment. SECTION IV CONDITIONS The following condition is added Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Conformity With Statute Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. The following conditions are replaced in whole or in part Paragraph 3.a. of Section IV Commercial Umbrella Liability Conditions Duties In The Event Of Occurrence Offense Claim Or Suit is deleted and replaced by the following You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence or an offense which may result in a claim. You will not be charged with knowledge of an occurrence offense claim or suit unless the person responsible for insurance in your business has been notified of the occurrence offense claim or suit in writing. To the extent possible the 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. Paragraph 6. Premium Audit is replaced by Premium Audit We will compute all premiums for this policy in accordance with our rules and rates. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. a. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 3 of 4 CU AM 2001 09 14 | 2 |
CU AM 2001 09 14 The following definitions of Section V Defi replaced by Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or c. All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by the Named Insured in the territory described in a. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on the Named Insured s business and 2 The insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Coverage territory does not include any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. Retained limit means the available limits of underlying insurance listed in the Schedule of Underlying Insurance Form the self insured retention or minimum retention whichever applies. Underlying insurance means any policies of insurance listed in the Schedule of Underlying Insurance Form All other terms and conditions remain unchanged. Any different method of apportioning recoveries and expenses may be used by agreement of all those who paid damage. The following paragraph is added to paragraph 7. of Section IV Commercial Umbrella Liability Conditions Representations or Fraud Failure of the insured to disclose all hazards existing as of the inception date of the policy shall not reduce or negate the insurance afforded by this policy provided such failure or omission was not intentional. SECTION V DEFINITIONS The following definitions are added Aircraft Products means aircraft including missiles or spacecraft and any ground support or control equipment used therewith and any article furnished by the insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft or tooling used for the manufacture thereof including ground handling tools and equipment and also means training aids instructions manuals blueprints engineering or other data engineering or other advice and services and labor relating to such aircraft or articles. Asbestos means the mineral in any form including the mere presence of asbestos in clothing materials goods products or structures. Grounding means the withdrawal of one or more aircraft from operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. Minimum retention means the dollar amount shown in the Declarations that applies when the aggregate limit of insurance applicable to underlying insurance has been exhausted by payment of claims or suits. In the event of exhaustion of the aggregate limits of insurance applicable to underlying insurance by payment of claims or suits this insurance will continue in force as underlying insurance subject to the terms and conditions of this insurance and excess of the minimum retention. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 4 of 4 CU AM 2001 09 14 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 015503 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Changes In Liability Coverage With regard to liability for Bodily Injury Property Damage and Personal And Advertising Injury unless we are prejudiced by the insured s or your failure to comply with the requirement no provision of this Coverage Part requiring you or any insured to give notice of occurrence claim or suit or forward demands notices summonses or legal papers in connection with a claim or suit will bar coverage under this Coverage Part. However Paragraph A. does not apply with respect to the ownership maintenance or use of covered autos. B. Changes In Conditions The following condition is added CLAIMS HANDLING PROCEDURES We will notify the first Named Insured in writing of a Aninitial offer to settle a claim made or suit brought against any insured. The notice will be given no later than the 10th day after the date on which the offer is made. b Any settlement of a claim made or suit brought against the insured. The notice will be given not later than the 30th day after the date of settlement. Insurance Services Office Inc. 2011 Page 1 of 1 o CU 01550312 | 2 |
CU AM 2007 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL MEDICAL MALPRACTICE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM. The following is added to Section V Definitions Incidental Medical Malpractice Injury means bodily injury arising out of the rendering of or failure to render during the policy period the following services a. Medical surgical dental x ray or nursing service or treatment advice or instruction or the furnishing of food or beverages in connection therewith b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or This insurance does not apply to Any persons or organizations engaged in the business or occupation of providing any of the services described under paragraphs a. and b. above or Injury caused by any persons or organizations if such persons or organizations are engaged in the business or occupation of providing any of the services described under paragraphs a. and b. above. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage and Coverage B Personal and Advertising Injury Liability lllegal Pharmaceutical Sales Liability arising out of the willful or intentional violation of a criminal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured.. Paragraph 1.b. 2 of Section Il Who Is An Insured does not apply to any nurse practitioner registered nurse licensed practical nurse or athletic trainer employed by you but only while performing the services described in paragraphs 1.a. and 1.b. of this endorsement and while acting within the scope of their employment by you. For the purposes of this insurance only employees covered under this endorsement shall be considered to be acting within the scope of their employment while engaged in activities generally referred to as Good Samaritan. The following is added to Section Il Limits of Insurance For the purposes of determining the applicable limits of insurance any acts or omissions together with all related acts or omissions in the furnishing of or failure to furnish services as described in paragraphs 1.a. and 2.b. of this endorsement to any one person will be considered one occurrence. All other terms and conditions of this policy remain unchanged. it advice or instruction or the f food or beverages in connection g or dispensing of drugs or medical gical supplies or appliances or e does not apply to s or organizations engaged in the occupation of providing any of the d by any persons or organizations ons or organizations are engaged ess or occupation of providing any of described under paragraphs a. and exclusion is added to paragraph 2. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CU AM 2007 12 07 | 2 |
CU AM 2011 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED ENTITIES AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following paragraph of Section Il Who is an Insured in endorsement CU AM 2001 Commercial Umbrella Liability Coverage Form Amendatory Endorsement is replaced by SECTION Il WHO IS AN INSURED 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 3 All other terms and conditions remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CU AM 2011 12 07 | 2 |
CU EX 2016 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead 2 The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation regarding lead. 3 The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. All other terms and conditions remain unchanged. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Handling of Storage of Ingestion of Absorption of Physical exposure to or Testing for sreposzTFT SmpReTSe Page 1 of 1 CU EX 2016 12 07 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21 46 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following definitions are added and apply B. The following exclusion is added under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or me chanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. 2 EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the follow ing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contamina tion or 2. Radioactive material is released and it appears that one purpose of the terrorism was to re lease such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the dam aged property. For the purpose of this provi sion insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or CU 21 46 01 06 ISO Properties Inc. 2004 Page 1 of 2 m | 2 |
6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. With respect to this Exclusion Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclu sion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 ISO Properties Inc. 2004 CU 21 46 01 06 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2150 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 3 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing ftreating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing ftreating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CU 21 50 03 05 ISO Properties Inc. 2004 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24300413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph 9. of the Definitions section is replaced by the following 9. Insured contract means g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection 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 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. 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 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 adriver or 2 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. 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 adriver or 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. 3 CU 24300413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES A NEW EXCLUSION HAS BEEN ADDED TO YOUR POLICY. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. This endorsement titled Following Form Endorsement Fungi Bacteria and Viruses excludes coverage for injury or damage arising out of or related to the presence of or exposure to fungi bacteria or viruses and byproducts resulting from those organisms. The form also excludes any loss cost or expense arising out of testing for and other activities that are in response to or for assessing the effects of the excluded items. The form contains an exception and this exclusion does not apply if underlying insurance is maintaine d providing some limited coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Form G3292 Page 1 of 1 2002 The Hartford | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS OKLAHOMA YOUR RIGHT TO CLAIM INFORMATION If we receive a written request for claims information from you regarding this claims made coverage part we will provide you or an insurance producer designated by you a list or other record of each claim charged against this coverage part or any preceding coverage part issued by us of which this coverage part is a renewal of which claim we have been notified in accordance with the terms of your Policy. The information will include 1 The date and description of the claim and 2 Alist of claims charged against the applicable coverage part including payments made on each claim. If the request covers multiple years we will also indicate the insurer policy number effective date and date of expiration or cancellation of such coverage. We will provide such information within thirty 30 days of your written request. You must not disclose this information for any purpose other than for internal management purposes or for procuring insurance products without our express written consent. We compile claim information for our own business purposes and exercise reasonable care in doing so. In providing this information to you or to an insurance producer designated by you we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of you or any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. Form G4099 0 0417 ED. Page 1 of 1 2017 The Hartford | 2 |
Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information please contact us at 866 467 8730 and we will be happy to assist you. Your total policy premium will appear on your policy s Declarations Page. You will be billed based on the payment plan you selected. You may pay the minimum due as it appears on your insurance bill or pay the policy balance in full. An installment service fee is added to each installment. A late fee will also be applied if the minimum due is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. If you selected installment billing any credit or additional premium due as the result of a change made to your policy will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. If you elected Electronic Funds Transfer EFT policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. If you selected installment billing and pay the premiums for your first policy term on time at renewal your account may qualify for our Equal Installment feature. This means that the percentage due for each installment including the initial renewal installment will be the same throughout the policy term helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments future renewals will be billed based on the payment plan you selected which includes a higher initial installment amount. If your policy is eligible for renewal your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy s renewal date. If your insurance needs change please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. One bill convenience you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You re In Control In addition to selecting a bill plan option that best meets your budget you have the flexibility to decide how your payments are made... o o o o Repetitive EFT Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. Pay Online Register at www.thehartford.comservicecenter. Online Bill Pay is Quick Easy and Secure Pay by Check Send a check with your remittance stub in the envelope provided with your bill. Pay by Phone Call toll free 1 866 467 8730. Should you have any questions about your bill please call Customer Service toll free number 1 866 467 8730 7AM 7PM CST. We look forward to being of service to you. Form 100722 11th Rev. Printed in U.S.A. | 2 |
Umbrella Liability Business Insurance Policy THE HARTFORD Form XL 00 07 03 14 Page 1 of 1 | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period Limits of Insurance Premium Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under SECTION I Explanation of INSURING AGREEMENTS AND EXCLUSIONS Il Provisions for INVESTIGATION DEFENSE SETTLEMENT Il Explanation of WHO IS AN INSURED IV Explanation of LIMITS OF INSURANCE V NUCLEAR ENERGY LIABILITY EXCLUSION VI Policy CONDITIONS VIl DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Inspection and Audit I. Changes J. Separation of Insureds Duties in the Event of Occurrence Claim or Suit K. Maintenance of Underlying Insurance Assistance and Cooperation of the Insured L. Cancellation Legal Action Against Us M. Non Renewal Appeals N. Workers Compensation Agreement Other Insurance O. Bankruptcy or Insolvency Transfer of Rights of Recovery Against Others P. Representations to Us IemMmoows In Witness Whereof our President and a Secretary have signed this policy. Where required by law the Declarations page has been countersigned by our duly authorized representative. ch KevinBarnett Secretary Poglo Wt Douglas Elliot President Form XL 70 00 12 06 | 2 |
Tue g HARTFORD UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 POLICY NUMBER 37 RHU ID6607 X3 RENEWAL OF 37 RHU ID6607 Items 1. Named Insured and Mailing Address MHH HEALTHCARE LLC SEE IH1204 210 PARK AVE STE 2800 OKLAHOMA CITY OK 73102. Policy Period From 080121 To 1201 A.M. Standard Time at mailing address shown above.. Agent Broker Name LOCKTON COMPANIES LLC. Audit Period NOT SUBJECT TO AUDIT ADVANCE PREMIUM RATE. Premium 9090.00 080122 PER PREMIUM BASIS RATE PER 5. Premium 6. Self Insured Retention 10000 each occurrence 7. Limits of Insurance The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile Products Completed Operations Aggregate Limit Bodily Injury By Disease Aggregate Limit Each Occurrence Limit 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations The Schedule of Underlying Insurance Policies X00050502 The Policy Provisions L00030916 The Policy Cover XL00070314 Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 IH09850115 IH12040312 IH99400409 IH99410409 XL02251297 X1L04151088 XL21040786 XL21781210 XL23000914 XL23130803 XL23140914 X1L23150914 XL23300115 XL23640616 XL23760317 XL24011217 XL24581210 10000000 10000000 10000000 10000000. Swonrn Laothneata Countersigned by Where required by law Authorized Representative 070921 Date Form XL 00 01 01 07 | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 RHU ID6607 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address MHH HEALTHCARE LLC SEE IH1204 210 PARK AVE STE 2800 OKLAHOMA CITY OK 73102 Insurer Policy Number and Period Type of Coverage A SENTINEL INSURANCE COMPANY LIMITED 37 WE CB0143 080121 TO 080122 Employers Liability Applicable Limits Employers Liability Bodily Injury Limit 1000000 1000000 1000000 Each accident by accident Policy limit by disease Each employee by disease B SENTINEL INSURANCE COMPANY LIMITED 37 UEN ZT8525 080121 TO 080122 Commercial Auf Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident OWNED AUTO HARTFORD FIRE INSURANCE COMPANY 37 UEN 2T8525 080121 TO 080122 Commerci Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 RHU ID6607 Insurer Policy Number and Period Type of Coverage D Other Specify HARTFORD FIRE INSURANCE COMPANY 37 UEN ZT8525 080121 TO 080122 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section Ill 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 Form XL 00 03 09 16 2016. 1 the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Hartford Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants Page 1 of 14 2016 The Hartford | 0 |
c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or b. To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and 3 generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto Page 2 of 14 Form XL 00 03 09 16 | 1 |
covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overtumned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that is 1 Less than 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Form XL 00 03 09 16 Page 3 of 14 | 1 |
10. 11. 12. 13. b. Warlke 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. Damage To Property Property damage to property you own. 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 a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to 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 a. Your product b. Your work or c. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect 14. 15. 16. deficiency inadequacy or dangerous condition in it. Expected Or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Arising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage To Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to a. That employee b. Any of your other employees c. Any of your partners or members if you are a partnership or joint venture or d. Any of your members if you are a limited liability company. Page 4 of 14 Form XL 00 03 09 16 | 1 |
17. Uninsured Or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage b. Personal injury protection c. Property protection or Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage 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 but not limited to 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 any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the injury causing event described in part 1 above occurs before employment during employment or after employment of that person ii. Whether the insured may be liable as an employer or in any other capacity and To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. 20. 21. 22. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or b. Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others or loading or unloading of any auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest b. Stunting activity or c. Preparation for any such contest or activity. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability 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 Page 5 of 14 Form XL 00 03 09 16 | 1 |
23. 24. monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to 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 ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but 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 afforded by this policy May make such investigation and settlement of any claim or suit as we deem expedient Will pay all expenses incurred by us all court costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance. However such costs do not include attorneys fees attorneys expenses witness or expert fees or any other expenses of a party taxed to the insured Will pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured Form XL 00 03 09 16 Page 6 of 14 | 1 |
and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. B. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in additon to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. C. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. SECTION Ill WHO IS AN INSURED A. If you are doing business 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 Form XL 00 03 09 16 your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 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 his or her duties as such. That representative will have all your rights and duties under this policy. C. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. D. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain Page 7 of 14 | 1 |
B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditons and limitations of such 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. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you. However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy. Page 8 of 14 Form XL 00 03 09 16 | 1 |
under any such policy but for its termination upon exhaustion of its limit of liability or b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. 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 b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to property damage to such nuclear facility and any property thereat. B. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or Form XL 00 03 09 16 concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. 4 Page 9 of 14 | 1 |
Inspection And Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. Safe 2. Healthful or 3. In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. Duties In The Event Of Occurrence Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership c. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation e. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence or offense. 2. If aclaim is made or suit is brought against any insured you must a. Immediately record the specifics of the claim or suit and the date received and Page 10 of 14 b. Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. 3. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. 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 policy or any underlying insurance or self insured retention may apply. 4. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of a. The total limits of underlying insurance or b. The self insured retention if no underlying insurance applies without our consent. 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. D. Assistance And Cooperation Of The Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance. E. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or Form XL 00 03 09 16 | 1 |
b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. Other Insurance This policy shall apply in excess of all underlying insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excessor 4. Contingent. Form XL 00 03 09 16 H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. a. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. b. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights Of Recovery Waiver Of Subrogation If the insured has waived any rights of recovery against any person or organization for all or part of any payment we have made under this policy we also waive that right provided the insured waived their rights of recovery against such person or organization in a contract agreement or permit that was executed prior to the injury or damage. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Page 11 of 14 | 1 |
J. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations 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. K. Maintenance Of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. L. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date. Page 12 of 14 N. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels the refund may be less than pro rata but we will retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. If at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. Bankruptcy Or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. Form XL 00 03 09 16 | 1 |
SECTION VII DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 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. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. 3 Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies 1. Death Mental anguish Shock Disability or. Care and loss of services or consortium. nsured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION IV. Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or oswN Page 13 of 14 Form XL 00 03 09 16 | 1 |
1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardless of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us. repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations. Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence. Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes Page 14 of 14 Form XL 00 03 09 16 | 1 |
POLICY NUMBER 37 RHU ID6607 POLICY NUMBER 37 RHU ID6607 y THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT TERRORISM PREMIUM Coverage Premium if Covered UMBRELLA TOTAL 90.00 90.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this endorsement.. The following definition is added with respect to the provisions of this endorsement A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses Under TRIA The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. MERRL L LA e MYy TOTAL S 90.00 FormIH 09 85 01 15 Page 1 of 2 2015 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
D. Cap On Insurer Liability for Terrorism Losses Under TRIA If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form Coverage Part or Policy. All other terms and conditions remain the same. Page 2 of 2 Form IH 09 85 01 15 | 2 |
POLICY NUMBER 37 RHU ID6607 Eij THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS POLICY NUMBER 37 RHU ID6607 The following persons or organizations are added to the Declarations as Named Insureds MOMENTUM HEALTH GROUP LLC MOMENTUM HEALTH ACQUISITION INC GLOBALHEALTH HOLDINGS LLC GLOBALHEALTH INC KINDERHOOK CAPITAL FUND III LP GLOBALHEALTH OF TEXAS INC. KCF MANAGEMENT CORPORATION FormIH120403 12 SEQ.NO. 02 2012 The Hartford | 2 |
THE iy HARTFORD U.S. DEPARTMENT OF THE TREASURY 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 the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at 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 an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve 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. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE iy HARTFORD Named Insured MHH HEALTHCARE LLC Policy Number 37 RHU ID6607 Effective Date 080121 Expiration Date 080122 Company Name HARTFORD INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OKLAHOMA This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY It is agree that The CANCELLATION Condition is replaced by the following CANCELLATION The Named Insured first shown in the Declarations may cancel this policy by 1. a. 1 Mailing or delivering to us advance written notice of cancellation or Surrendering the policy to us or to any of our authorized agents. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of any premium when due 30 days before the effective date of cancellation if we cancel for any other reason and the policy has been in effect for less than 45 business days and is not a renewal with us or 30 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 45 business days but only for one or more of the following reasons a Nonpayment of premium b Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims submitted thereunder c Discovery of willful or reckless acts of omissions on your part which increase any hazard insured against d The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed e A violation of any local fire health safety building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against f A determination by the Commissioner that the continuation of the policy would place us in violation of the insurance Laws of the State of Oklahoma or g Your conviction of a crime having as one or its necessary elements an act increasing any hazard insured against or h Loss of or substantial changes in applicable reinsurance. We will mail or delivery our notice to the last mailing address known to us of the Named Insured first shown in the declarations. If notice is mailed proof of mailing will be sufficient proof of notice. Notice of cancellation by us will state the effective date of cancellation. The policy period will end on that date. If this policy is canceled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. Form XL 02 25 12 97 Page 1 of 2 1987 The Hartford | 2 |
g Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. The NON RENEWAL Condition is replaced by the following NON RENEWAL a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the Named Insured first shown in the Declarations at least 45 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. If notice of nonrenewal is not mailed or delivered at least 45 days before the end of the policy period coverage will remain in effect until 45 days after notice is given. Earned premium for such extended period of coverage will be calculated pro rata based on the rates applicable to the expiring policy. We will not provide notice of nonrenewal if 1 We or another company within our insurance group have offered to issue a renewal policy or 2 You have obtained replacement coverage or have agreed in writing to obtain replacement coverage. If we have provided the required notice of nonrenewal as described in a. above and thereafter extend the policy for a period of 90 days or less we will not provide an additional nonrenewal notice with respect to the period of extension. The following Condition is added to the policy PREMIUM OR COVERAGE CHANGES AT RENEWAL a. If we elect to renew this policy we will give written notice of any premium increase change in deductible or reduction in limits or coverage to the Named Insured first shown in the Declarations at the last mailing address known to us. b. Any such notice will be mailed or delivered to the Named Insured first shown in the Declarations at least 45 days before the end of the policy period. c. If notice is mailed 1 It will be considered to have been given to the first Named Insured on the day it is mailed 2 Proof of mailing will be sufficient proof of notice. d. If the Named Insured first shown in the Declarations accepts the renewal the premium increase or coverage changes will be effective the day following the prior policy s expiration. e. If notice is not mailed or delivered at least 45 days before the expiration date the premium deductible limits and coverage in effect prior to the changes will remain in effect until 1 45 days after notice is given or 2 The effective date of replacement coverage obtained by the insured whichever occurs first. If the first Named Insured then elects not to renew any earned premium for the resulting extended period of coverage will be calculated pro rata at the lower of the new rates or rates applicable to the expiring policy. f. We will not provide notice of the following 1 Changes in a rate plan or policy form which are applicable to an entire class of business or 2 Changes which are based upon the altered nature or extent of the risk insured. The followin g Condition is added to the policy FRAUD WARNING WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Page 2 of 2 Form XL 02 25 12 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE I Coverage Employee Benefits Liability Limits of Insurance 10000000 each claim limit 10000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer HARTFORD FIRE INSURANCE COMPANY Policy Number 37 UEN zT8525 Policy Period 080121 TO 080122 Retroactive Date 091313 Limits of Insurance Coverage 1000000 each claim limit Employee Benefits Liability 2000000 aggregate limit This policy is extended to apply to Employee Benefits Liability subject to the following additional provisions 1. Except as otherwise provided by this endorsement the insurance afforded herein shall follow all the terms definitions and exclusions of the controlling underlying insurance policy designated in Schedule. 2. SECTION COVERAGE EB A. We will pay those sums that the insured must legally pay as damages 1. Because of employee benefits injury to which this endorsement applies and 2. That are in excess of the limits of insurance in the controlling underlying insurance policy. B. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or which occurs after the policy period. 3. SECTION Iil LIMITS OF INSURANCE A. The Limits of Insurance shown in Schedule and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages to which this endorsement applies. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 1 of 3 | 2 |
D. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. The Limits of Insurance shown in Schedule apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in Schedule Il unless the endorsement 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 the purpose of determining the Limits of Insurance. 4. EXTENDED REPORTING PERIODS A. We will provide one or more Extended Re porting Periods as described below if 1. This endorsement is cancelled or not renewed or 2. We renew or replace this endorsement with insurance that i. Has a Retroactive Date later than the date shown in the Declaration of this endorsement or ii. Does not apply to employee benefits injury on a claims made basis. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for 1. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period 2. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts 1. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period or 2. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under this endorsement for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this endorsement applies except to the extent described in paragraph F. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for Page 2 of 3 Form XL 04 15 10 88 Printed in U.S.A. NS 1988 The Hartford | 2 |
claims first received and recorded during the Paragraph B. of SECTION Ill LIMITS OF Supplemental Extended Reporting Period. INSURANCE will be amended accordingly. The separate aggregate limit of insurance will 5. ADDITIONAL DEFINITIONS be equal to the dollar amount shown in.. o. Schedule in effect at the end of the policy Controlling Pdeyg Insurance phcy means period of this endorsement. Fhe policy of undefylng insurance devslgnated in Schedule Il providing coverage and limits for Employee Benefits Liability. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF PERSONAL PROPERTY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to personal property 1. Rented to 2. Used by or 3. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Form XL 21 0407 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EMPLOYEE INJURY REJECTION OF WORKERS COMPENSATION ACT This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY If in any state where either prior to or at any time during the policy period any insured or any employee of any insured expressly or otherwise rejects does not subscribe to or has not complied with the workers compensation unemployment compensation disability benefits law or any other similar law of that state the Employer Liability exclusion under Paragraph B. Exclusions of Section I Coverages is replaced by the following This policy does not apply to any injury or damage to a. Any insured or any employee of any insured arising out of or in the course of employment by any insured b. The spouse child parent brother or sister of the employee as a consequence of Paragraph a. above or c. You or any of your partners or members if you are a partnership or joint venture or your members if you are a limited liability company. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity 2 Whether or not liability for Paragraphs a. or b. above is assumed by any insured under any contract or agreement or 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. Form XL 21781210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SERVICES FURNISHED BY HEALTH CARE PROVIDERS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury personal and advertising injury or property damage arising out of 1. The rendering of or failure to render a. Medical surgical dental x ray or nursing service treatment advice or instruction or the related furnishing of food or beverages b. Any health or therapeutic service treatment advice or instruction or c. Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. 2. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or 3. handling or treatment of dead bodies including autopsies organ donation or other procedures. 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1. 2. or 3. Form XL 23 00 09 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL SERVICES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion financial services include but are not limited to 1. Planning administering or advising on a. Any 1 Investment 2 Pension 3 Annuity 4 Savings 5 Checking or 6 Individual retirement plan fund or account b. The issuance or withdrawal of any bond debenture stock or other securities c. The trading of securities commodities or currencies or d. Any acquisitions or mergers Acting as a dividend disbursing agent exchange agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds transfer agent Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors Checking or reporting of credit Maintaining of financial accounts or records Tax planning tax advising or the preparation of tax returns or Selling or issuing travelers checks letters of credit certified checks bank checks or money orders. ering or advising on or retirement ccount Form XL 23 13 08 03 Page 1 of 1 2003 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSPECTION APPRAISAL AND SURVEY COMPANIES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury for which the insured may be held liable because of the rendering of or failure to render professional services in the performance of any claim investigation adjustment engineering inspection appraisal survey or audit services. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render professional services in the performance of any claim investigation adjustment engineering inspection appraisal survey or audit services. Form XL 2314 09 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSURANCE AND RELATED OPERATIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury for which the insured may be held liable 1. Because of a. Any obligation assumed by any insured or b. The failure to discharge or the improper discharge of any obligation or duty contractual or otherwise with respect to any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders Because of the membership in or contribution to or management or administration of any insurance plan pool association insolvency or guarantee fund or any similar insurance fund organization or association whether voluntary or involuntary or Resulting from the rendering of or failure to render the following professional services a. Advising inspecting reporting or making recommendations in the insured s capacity as an insurance company consultant broker agent or representative thereof b. Effecting insurance reinsurance or suretyship coverages c. Investigating defending or settling any claim under any contract or treaty of insurance self insurance reinsurance or suretyship d. Auditing or maintaining accounts or records of others e. Conducting an investment loan or real estate department or operations f. Acting in any capacity as a fiduciary or trustee for mutual funds pension or welfare funds annuities endowments employee benefit plans or other similar activities or g. Performing any claim investigative adjustment engineering inspection consulting survey audit appraisal actuarial or data processing service for a fee. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supetvision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1.2.0r3. Form XL 231509 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY A. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA exceed 100 bilion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. B. Cap On Insurer Liability For Terrorism Losses A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. 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 certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of Terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion Pollution Exclusion or War Exclusion. Form XL 233001 15 Page 1 of 1 2015 The Hartford Includes copyrighted material of the Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY 1. Exclusion 6. Aircraft under Paragraph B. Exclusions of Section Coverages is deleted and replaced by the following B. Exclusions This policy does not apply to 6. Aircraft Unmanned Aircraft Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph 6.a. 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 property damage or personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft other than unmanned aircraft 1. Owned by any insured or 2. Chartered or loaned to any insured. This exclusion applies even if claims allege negligence or of wrongdoing in the supervision hir employment training or monitoring others by an insured if occurrence which caused bodily injury or property dama involved the ownership maintenar use or entrustment to others of aircraft other than unman aircraft that is owned or operatec or rented or loaned to any insured. This exclusion does not apply aircraft other than unmani aircraft that is i. Hired chartered or loaned wit paid crew but ii. Not owned by any insured. This exclusion does not apply bodily injury to any of vy employees arising out of and in course of their employment by you The following definition is added to Section Definitions Unmanned aircraft means an aircraft that is n a. Designed b. Manufactured c. Modified after manufacture to be controlled directly by a person from withir on the aircraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft other than unmanned aircraft that is i. Hired chartered or loaned with a paid crew but ii. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. The following definition is added to Section VII Definitions Unmanned aircraft means an aircraft that is not a. Designed b. Manufactured c. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Form XL 23 64 06 16 Page 1 of 1 2016 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
POLICY NUMBER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUBLIC OR LIVERY PASSENGER CONVEYANCE EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY A. The following exclusion is added to B. B. Addi Exclusions of Section Coverages Asu This policy does not apply to 1. Public Or Livery Passenger Conveyance Bodily injury or property damage arising out 2. of any auto while being used as a public or livery conveyance for passengers. This includes but is not limited to any period of time an auto is being used by an insured who is logged into a transportation network platform as a driver whether or not a passenger is occupying the auto. B. Additional Definitions As used in this endorsement 1. Occupying means in upon getting in on out or off. Transportation network platform means an online enabled application or digital network used to connect passengers with drivers using vehicles for the purpose of providing prearranged transportation services for compensation. Form XL 2376 03 17 Page 1 of 1 2017 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT AUTOMOBILE LIABILITY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages This policy does not apply to Automobile Liability Bodily injury or property damage arising out of the Ownership Operation Maintenance Use Entrustment to others or Loading or unloading 01 any auto. oo h w2 EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such auto with minimum underlying limits as described for Commercial Automobile Liability in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance of Underlying Insurance applies to this exception. If a driver is named as an excluded driver under the underlying auto insurance that excluded driver is also excluded under this policy. Form XL 24 011217 Page 1 of 1 2017 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to Injury or damage arising out of or related to the presence of suspected presence of or exposure to 1. b. c. Fungi including but not limited to mold mildew and yeast Bacteria Viruses or Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1a. b c. or d. above from any source whatsoever. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies to this exception. Form XL 24 58 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS REDUCTION OF COVERAGE TITLE OF FORM EXCLUSION CARE CUSTODY OR CONTROL OF PERSONAL PROPERTY FORM NUMBER XL21040786 COVERAGES THE FORM CITED ABOVE HAS BEEN ADDED TO YOUR POLICY AND HAS THE EFFECT OF REDUCING YOUR INSURANCE COVERAGE. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. Form G3061 Ed. 01 97 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS REDUCTION OF COVERAGE TITLE OF FORM EXCLUSION FINANCIAL SERVICES FORM NUMBER XL23130803 COVERAGES THE FORM CITED ABOVE HAS BEEN ADDED TO YOUR POLICY AND HAS THE EFFECT OF REDUCING YOUR INSURANCE COVERAGE. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. Form G3061 Ed. 01 97 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS REDUCTION OF COVERAGE TITLE OF FORM EXCLUSION INSPECTION APPRAISAL AND SURVEY COMPANIES FORM NUMBER XL23140914 COVERAGES THE FORM CITED ABOVE HAS BEEN ADDED TO YOUR POLICY AND HAS THE EFFECT OF REDUCING YOUR INSURANCE COVERAGE. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. Form G3061 Ed. 01 97 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS REDUCTION OF COVERAGE TITLE OF FORM FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES FORM NUMBER XL24581210 COVERAGES THE FORM CITED ABOVE HAS BEEN ADDED TO YOUR POLICY AND HAS THE EFFECT OF REDUCING YOUR INSURANCE COVERAGE. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. Form G3061 Ed. 01 97 | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
XL Insurance | 2 |
NUVIIVE 1V FUVLIVTTINVLULC O ILLINOIS This notice is to advise you if you are having problems with your insurance company or agent do not hesitate to contact the insurance company or agent to resolve your problem. FOR INFORMATION OR TO MAKE A COMPLAINT CALL 1 800 622 7311 AXA XL SEAVIEW HOUSE 70 SEAVIEW AVENUE STAMFORD CT 06902 6040 Part 919 of the Rules of the lllinois Department of Insurance requires that our company advise you that you may also take your matter up with the lllinois Department of Insurance at the following addresses lllinois Department of Insurance Consumer Division 122 S. Michigan Ave. 19 Floor Chicago lllinois 60603 lllinois Department of Insurance Consumer Division 320 West Washington Street Springfield lllinois 62767 httoinsurance.illinois.qov 312 814 2420 or 217 782 4515 DISASTER RELATED COMPLAINTS If you would like to file a complaint regarding any disaster related dispute or issue with the Department you may call the toll free complaint hotline at 1 866 445 5364 or file a complaint online at httpsmc.insurance.illinois.gov messagecenter.nsf. PNIL02 1218 2018 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
NUVIIVE 1V FUVLIVTTINVLULCNO FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010617 Page 1 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 010617 Page 2 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010617 Page 3 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLIVTTINVLULC O PRIVACY POLICY The XL Catlin insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek PN CW 02 1015 Page 1 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLIVTTINVLULC O Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. PN CW 02 1015 Page 2 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLIVTTINVLULC O Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker Anindependent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants e Aninsurance support organization e Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 1015 Page 3 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTINIVLULC O U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning possible impact on your insurance coverage due to the impact of U.S. Trade Sanctions. Please read this Policyholder Notice carefully. In accordance with the U.S. Department of the Treasury s Office of Foreign Assets Control OFAC regulations or any other U.S. Trade Sanctions applied by any regulatory body 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 is a Specially Designated National and Blocked Person SDN or is owned or controlled by an SDN this insurance will be considered a blocked or frozen contract. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 1U.S Trade Sanctions may be promulgated by Executive Order act of Congress regulations from the U.S. Departments of State Treasury or Commerce regulations from the State Insurance Departments etc. PN CW 05 1017 2017 X.L. America Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
XI. XL CATLIN 22 Regulatory Office 505 Eagleview Blvd. Suite 100 Dept Regulatory Exton PA 19341 1120 Telephone 800 688 1840 Issuing Company and Address XL Specialty Insurance Company 190 South LaSalle Street Suite 3900 Chicago IL 60603 Commercial Excess Follow Form and Umbrella Liability Policy Declarations Policy Number US00088723LI18A Renewal of Number ITEM 1. INSURED NAME Polarville Cold Storage LLC dba Coldco Logistics ADDRESS 30 Exchange Avenue CITY STATE ZIP National Stock Yards IL 62071 ITEM 2. POLICY PERIOD Inception December 30 2018 Expiration December 30 2019 1201 A.M. Standard Time at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The Limits of Insurance subject to the terms of this policy are 5000000 Each Occurrence 5000000 General Aggregate In accordance with Section IV. Limits of Insurance 5000000 Products Completed Operations Aggregate In accordance with Section IV. Limits of Insurance 50000 Disaster Response Limit In accordance with Section IV. Limits of Insurance ITEM 4. SELF INSURED RETENTION 10000 118A w XCU 000 0415 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10of 2 | 2 |
ITEM 5. UNDERLYING INSURANCE See attached Schedule of Underlying Insurance. ITEM 6. POLICY PREMIUM 10000 Policy Premium 10000 Total Policy Premium 10000 Total Amount Due 10000 Minimum Premium Due ITEM 7. FORMS ATTACHED TO THE POLICY AT ISSUANCE See attached Schedule of Forms and Endorsements. ITEM 8. DISASTER RESPONSE EVENT PHONE to be called in the event of a disaster as per NUMBER 1 800 823 7351 Section. Insuring Agreements Item C. ITEM 9. PRODUCER NAME Lockton Companies LLC ADDRESS 444 West 47 Street Suite 900 CITY STATE ZIP Kansas City MO 64112 Attn Pauli Clariday NAME rlH Date Issued March 19 2019 Authorized Representative XCU 000 0415 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
IN WITNESS XL SPECIALTY INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 1120 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. L7 Joseph Tocco President Towt Q. Fertms Toni Ann Perkins Secretary IL MP 9104 0915 XLS 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. December 30 2018 forms a part of Policy No. US00088723LI18A issued to Polarville Cold Storage LLC dba Coldco Logistics by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows Endorsement Number Form Number PN IL 02 1218 PN CW 010617 PN CW 02 1015 PN CW 05 1017 Form Number PN IL 02 1218 PN CW 010617 PN CW 02 1015 PN CW 05 1017 XCU 000 0415 IL MP 9104 0915 XLS XCU 301 0811 XCU 300 0217 XCU 050 0811 XCU 100 IL 0412 XCU 101 IL 0412 XCU 416 0811 XCU 429 0513 XCU 452 0217 Form Title NOTICE TO POLICYHOLDERS ILLINOIS NOTICE TO POLICYHOLDERS FRAUD NOTICE NOTICE TO POLICYHOLDERS PRIVACY POLICY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY DECLARATIONS IN WITNESS XL SPECIALTY INSURANCE COMPANY SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY ILLINOIS CHANGES CANCELLATION AND NON RENEWAL ILLINOIS CHANGES KNOWLEDGE OF OCCURRENCE OR CLAIM CONDITIONS AMENDMENT AMENDMENT TO LIMITS OF INSURANCE MODIFICATION OF GENERAL AGGREGATE LIMIT Applicable to Insuring Agreements A and B AMENDMENT TO CONDITION DUTIES IN THE EVENT OF AN OCCURRENCE CLAIM OR SUIT Applicable to Insuring Agreements A and B XCU 452 0217 XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 2 | 2 |
XCU 635 0811 CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B DISCRIMINATION EXCLUSION Applicable to Insuring Agreements A and B EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreements A and B EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreements A and B FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreements A and B LEAD EXCLUSION Applicable to Insuring Agreements A and B PROFESSIONAL LIABILITY EXCLUSION Applicable to Insuring Agreements A and B SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreements A and B DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B AIRCRAFT INCLUDING UNMANNED AIRCRAFT EXCLUSION Applicable to Insuring Agreements A and B EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM Applicable to Insuring Agreements A and B XCU 646 0811 XCU 651 0811 XCU 654 0811 XCU 668 0811 XCU 670 0811 XCU 680 0811 XCU 717 0811 XCU 734 0811 XCU 758 0513 XCU 760 0813 XCU 763 1213 XCU 764 0514 XCU 780 0717 XCU 900 0115 All other terms and conditions remain the same. XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. December 30 2018 forms a part of Policy No. US00088723LI118A issued to Polarville Cold Storage LLC dba Coldco Logistics by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 5. is completed to read as follows Coverage Commercial General Liability Insurer Evanston Insurance Company Policy Number 3EN0581 Policy Period December 30 2018 to December 30 2019 1000000 Each Occurrence 2000000 General Aggregate Included Products Completed Operations Aggregate 1000000 Personal and Advertising Injury Limit Defense expenses are in addition to the limits Coverage Insurer Policy Number Policy Period Automobile Liability General Star Indemnity Insurance Company 1XG425099 July 03 2018 to July 03 2019 1000000 Combined Single Limit Defense expenses are in addition to the limits Coverage Employers Liability All States Insurer New Hampshire Insurance Co Policy Number WC 047014236 IL Policy Period December 30 2018 to December 30 2019 2000000 Bodily Injury by Accident Each Accident 2000000 Bodily Injury by Disease Policy Limit 2000000 Bodily Injury by Disease Each Employee Defense expenses are in addition to the limits In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. All other terms and conditions remain the same. XCU 300 0217 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TABLE OF CONTENTS Beginning on Page I. Insuring Agreements........... A Insuring Agreement A Excess Follow Form Liability B Insuring Agreement B Umbrella Liability Over Self insured Retention.......2 Insuring Agreement C Disaster Response Coverage.3 Il. Who s An Insured.............. lll. Defense And Settlement..... IV. Limits Of Insurance..............6 V. Exclusions.7 A Exclusions Applicable to Insuring Agreements A and B 7 B Exclusions Applicable to Insuring Agreement A Only.9 Exclusions Applicable to Insuring Agreement B Only 11 VL. Definitions VII. Conditions XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 26 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED. THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 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. WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI DEFINITIONS. INSURING AGREEMENTS In consideration of the payment of premium and subject to the terms definitions conditions and limitations of this policy including any endorsements or amendments thereto we agree with the named insured as follows A Insuring Agreement A Excess Follow Form Liability 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies. Coverage under this Insuring Agreement A shall follow the terms definitions conditions and limitations of the scheduled underlying insurance subject to the policy period Limits of Insurance premium and any contrary provisions contained in this policy. However this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement A we will indemnify the insured for those sums otherwise payable hereunder. Insuring Agreement B Umbrella Liability Over Self insured Retention 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts not covered by the scheduled underlying insurance that the insured becomes legally obligated to pay as damages in excess of the self insured retention because of bodily injury property damage including liability assumed by the insured under an insured contract or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurance but for its exhaustion by the payment of loss. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 26 | 0 |
3 The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained. 4 If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement B we will indemnify the insured for those sums otherwise payable hereunder. We will make payment on behalf of the insured under Insuring Agreements A and B only if 1 Prior to the policy period no insured listed under Section Il. Who Is An Insured B1 6 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew prior to the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury or During the policy period no insured listed under Section Il. Who is An Insured B 16 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew during the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury prior to the policy period. For these purposes bodily injury property damage and personal and advertising injury including the continuation change or resumption of such bodily injury property damage or personal and advertising injury will be deemed to have been known at the earliest time when any of the above referenced individuals 1 Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer Receives a claim because of the bodily injury property damage or personal and advertising injury or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred or an occurrence has been committed that has caused or may cause personal and advertising injury. Insuring Agreement C Disaster Response Coverage 1 We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period provided a a disaster response advisor has been hired in connection with the disaster event and b a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty four 24 hours of its commencement. A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when a we determine that any one of the elements listed in the definition of disaster event no longer exists or b the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted whichever is earlier. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 3 of 26 | 1 |
If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B. Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation settlement or defense of any claim or suit that might arise from a covered disaster event. WHO IS AN INSURED A The following are insureds under Insuring Agreement A 1 2 The named insured. Any person or organization qualifying as an insured under the scheduled underlying insurance but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance. B The following are insureds under Insuring Agreements B and C XCU 050 0811 The named insured. Any person or organization other than an employee or volunteer worker while such person or organization is acting as your real estate manager. Your legal representative if you die but only with respect to his or her duties as such. Your employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers but only while performing duties related to the conduct of your business. If you are designated in the Declarations as an individual then your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations as a partnership or joint venture your partners and their spouses but only with respect to the conduct of your business. If you are designated in the Declarations as a limited liability company your members but only with respect to the conduct of your business and your managers but only with respect to their duties as such. If you are designated in the Declarations as an organization other than a partnership joint venture or limited liability company your executive officers and directors but only with respect to their duties as such. Your stockholders are also insureds but only with respect to their liability as stockholders. If you are designated in the Declarations as a trust your trustees but only with respect to their duties as such. Any organization in which you maintain an interest of more than fifty percent 50 as of the effective date of this policy. 2011 X.L. America Inc. All Rights Reserved. Page 4 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 4 of 26 | 1 |
12 A partnership joint venture or limited liability company that you acquire or form during the policy period but only if we have named such partnership joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. DEFENSE AND SETTLEMENT We will have the right and duty to defend any suit covered by Insuring Agreement A but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. We will have the right and the duty to defend any suit covered by Insuring Agreement B but only when such suit seeks damages because of bodily injury property damage or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. When we assume the defense of any suit under Paragraph A or B above we will have the right to investigate defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance 1 Premiums on appeal bonds or bonds to release attachments subject to the applicable Limits of Insurance set forth in the Declarations provided that we will not be obligated to apply for or furnish any such bond. Al costs taxed against an insured in connection with the suit. 3 Pre judgment interest awarded against the insured on that part of any judgment paid under this policy but only such interest as shall accrue before we make a settiement offer within the policy s applicable Limits of Insurance. 4 Post judgment interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within this policy s applicable Limits of Insurance. 5 Reasonable expenses incurred by an insured at our request or with our consent. We will have no duty to defend investigate pay or settle or continue to defend investigate pay or settle a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. If we are prevented by law or statute from assuming our defense obligations under Paragraph A or B we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. Except as otherwise provided in this Section Ill. Defense and Settlement we shall have no duty to defend any suit against an insured. We however will have the right but not the duty to associate with you in the investigation settlement or defense of any claim or suit to which this policy applies in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 5 of 26 | 1 |
LIMITS OF INSURANCE A The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds claims made suits brought persons or organizations making claims or bringing suits or coverages provided by this policy. B Subject to this policy s Limits of Insurance we will pay only that amount of loss that is in excess of the retained limit. The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or Loss included in the products completed operations hazard. However with respect to Insuring Agreement A only if a policy shown in the scheduled underlying insurance has aggregate limits other than the products completed operations hazard aggregate limits then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance but will be no broader. D The amount shown in Declarations Item 3 for the Products Completed Operations Aggregate Limit is the most we will pay for all loss included in the products completed operations hazard. E Subject to Paragraphs C and D above the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. F The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy. G If the limits for any scheduled underlying insurance policy are 1 Greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. Less than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible. H Expenses we incur to defend any suit or investigate any claim will be in addition to the policy s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance in which case such expenses will reduce this policy s available Limits of Insurance. If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies this policy shall 1 In the event of reduction pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. In the event of exhaustion of the total applicable limits of scheduled underlying insurance and any applicable and collectible other insurance continue in force subject to the terms and conditions of this policy. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 6 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 6 of 26 | 1 |
If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance. We will not make any payment under this policy unless and until 1 The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies or The total applicable self insured retention has been satisfied by the payment of loss to which this policy applies. When the amount of loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on your behalf the amount of such loss within this policy s applicable Limits of Insurance. The policy s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the policy s inception date shown in the Declarations. If the policy period is extended for a period of less than twelve 12 months the extended period will be deemed part of the immediately preceding policy period. EXCLUSIONS Exclusions Applicable to Insuring Agreements A and B This insurance does not apply to 1 Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Practices Employment practices whether the insured may be liable as an employer or in any other capacity and including any obligation to share damages with or repay another. 3 ERISA A violation of the Employee Retirement Income Security Act of 1974 ERISA the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act all as may be amended or any similar federal state or local statutory or common law or any rules or regulations promulgated thereunder. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 7 of 26 | 1 |
Intangible Property The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. No Fault Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault uninsured or underinsured motorist law or any similar law. Nuclear Liability To injury or damage a With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association the American Nuclear Insurers Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. 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 amendments thereto or ii the insured is or but for this policy 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 an agency thereof with any person or organization. c Resulting from hazardous properties of nuclear material if i The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. ii The nuclear material is contained in spent fuel or waste that was at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured. iiiy The injury or damage or personal and advel g injury arises out of an insured s furnishing services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear faci If such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to property damage to such nuclear facility and any property therein. Product Recall 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. Securities a A violation of any securities law or similar law or any regulation promulgated thereunder b The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2011 X.L. America Inc. All Rights Reserved. Page 8 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. ii XCU 050 0811 Page 8 of 26 | 1 |
10 11 c Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or d The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Violation of Communication or Information Laws Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the sending transmitting or communicating of material or information. War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. Workers Compensation and Similar Laws Any obligation of the insured under any workers compensation disability benefits unemployment compensation law or any similar law. Exclusions Applicable to Insuring Agreement A Only This insurance does not apply to 1 Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i At or from any premises site or location that is or was at any time owned used occupied by or rented or loaned to an insured. ii At or from any premises site or location that is or was at any time used for the handling storage disposal processing or treatment of waste. iiiy That are or were at any time transported handled stored treated disposed of or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible. iv At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. v At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 9 of 26 | 1 |
vi vii vi That are contained in any property that is 1 Being transported towed by handled or handled for movement into onto or from an auto covered by the scheduled underlying insurance. 2 In the course of transit by or on behalf of an insured. 3 Being stored disposed of treated or processed in or upon an auto covered by this policy or scheduled underlying insurance. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance or After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered disposed of or abandoned by the insured. Any loss cost or expense arising out of i ii 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. A 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. The following exceptions apply to Exclusion B1 but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance 1 Paragraphs 1ai through 1av do not apply to bodily injury or property damage included within the products completed operations hazard if your product or your work has not at any time been discarded dumped abandoned thrown away treated or handled as waste by anyone. Paragraphs 1ai and 1aiv do not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1ai does not apply to a Bodily injury 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. Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises site or location has been added to the policy as an additional insured with respect to the insured s ongoing operations performed for that additional insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 10 of 26 | 1 |
4 Paragraph 1aiv does not apply to a Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. b Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by the insured or on the insured s behalf by a contractor or subcontractor. Paragraph 1avi does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto or its parts covered by the scheduled underlying insurance if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in Subparagraphs 7b and c of the definition of mobile equipment. Paragraph 1avii does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled underlying insurance if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by scheduled underlying insurance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Exclusions Applicable to Insuring Agreement B Only This insurance does not apply to 1 Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. The term use shall include operation loading and 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. Contractual Liability Bodily injury property damage or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 11 of 26 | 1 |
Damage to Impaired Property Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or a delay or failure by the insured or anyone acting on the insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Real and Personal Property Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the 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 insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. e That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. f That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. 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. Employee Injury Bodily injury to an employee of the insured 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 any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity including an obligation to share damages with or repay another who must pay damages because of injury. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 12 of 26 | 1 |
10 11 Employees and Volunteer Workers To the liability of any employee or volunteer worker arising out of bodily injury property damage or personal and advertising injury To the insured its partners members employees or volunteer workers. To the spouse child parent brother sister of a person identified in Paragraph 8a above. Arising out of the providing or failing to provide professional health care services. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. However this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force by the insured to protect persons or property. Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Personal and Advertising Injury Personal and advertising injury a b Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place prior to the policy period. Arising out of a criminal act committed by or at the direction of an insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Arising out of a breach of an expressed contract to use another s advertising idea in the insured s advertisement. Arising out of the failure of goods products or services to conform to any statement of quality or performance made in the insured s advertisement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 13 of 26 | 1 |
12 Arising out of the wrong description of the price of goods products or services stated in the insured s advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement. Committed by an insured whose business is advertising broadcasting publishing or telecasting designing or determining content of websites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraphs DD 1 2 and 3 of the definition of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in the insured s e mail address domain name web page or Internet domain or metatag or any other similar tactics to mislead another s potential customers. Pollution a b The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. Any request demand order or statutory or regulatory requirement that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. VI DEFINITIONS The following definitions are applicable to Insuring Agreements B and C and to the extent the following terms are not defined in the scheduled underlying insurance to Insuring Agreement A. A Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition notices that are published include material placed on the Internet or on similar electronic means of communication and regarding websites only that part of a website that is about the insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 14 of 26 | 1 |
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