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14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
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 organizaton 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 CuU00010413 | 1 |
SIGNATURES Named Insured Endorsement Number RPG USA CC1k11h0314 Policy Symbol Policy Number Policy Period Effective Date of Endorsement umB D96450059 09 08 2021 to 09 08 2022 09 08 2021 Issued By Name of Insurance Company ACE Property And Casualty Insurance Company Insert the policy number. The remainder of the information s to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President A REBECCA L. COLLINS Secretary Authorized Representative CC1K11h 0314 | 2 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website athttpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number RPG USA ALL211011106 Policy Symbol Policy Number Annual Period Effective Date of Endorsement UMB D96450059 09 08 2021 to 09 08 2022 09 08 2021 Issued By Name of Insurance Company ACE Property And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 of policy remain unchanged. Nothing herein contained shall be held to vary alter waive or extend any of the terms conditions exclusions or limitations of the Policy referenced above except as expressly stated herein. All other terms and conditions remain unchanged. Authorized Representative NFXHHHHH Ed. 062011 ALL21101 1106 Page 1 of 1 | 2 |
ace group U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT FATCA The U.S. Foreign Account Tax Compliance Act commonly known as FATCA became the law in the U.S. in March of 2010 and becomes effective July 1 2014. Pursuant to FATCA brokers producers agents andor clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from ACE U.S. insurance companies please go to the following web site httpwww.acegroup.comusenassetswww.acegroup.comw9.pdf. ALL42490 0314 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 This endorsement modifies insurance provided under the following 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 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported or disposed of by or on behalf of an insured 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 ter ritories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial 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 ex posed 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 concentration of uranium or thorium from any ore processed pri marily for its source material content and b re sulting from the operation by any person or organi zation of any nuclear facility included under the first two paragraphs of the definition of nuclear fa cility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 o | 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 pack aging 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 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 0202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21870514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily B. The following is added to Paragraph 2. Injury And Property Damage Liability is Exclusions of Section Coverage B 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. 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. 2 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 21870514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
T COMMERCIAL LIABILITY UMBRELLA CUPO01204 13 2012 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS his is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. T T he major areas within the policy that broaden or reduce coverage and other changes are highlighted below. his notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Part applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Part applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance.. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permitting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. CUPO0120413 Insurance Services Office Inc. 2012 Page 10f 4 | 2 |
. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previously added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy.. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury.. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional insured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the ownership maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee.. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. MULTISTATE ENDORSEMENTS 4.. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU 04 02 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury.. Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement CU 0412 is introduced to provide directors and officers liability coverage with respect to eligible condominiums co ops and community associations.. Extended Reporting Period Endorsement For Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement CU 27 14 is introduced to provide an extended period during which a claim may be made under the Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement. Druggists Endorsement CU 22 20 is revised to introduce an exception with respect to the administering of vaccinations.. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU 21 13 Amendment Of Liquor Liability Exclusion CU 21 14 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities. Exclusion Cross Suits Liability Endorsement CU 21 26 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy.. Amendment Of Personal And Advertising Injury Definition Endorsement CU 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. Page 2 of 4 Insurance Services Office Inc. 2012 CUPO01204 13 | 2 |
C. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU 21 08 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU 21 26. 2. Liquor Lial lity Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU 21 13 Amendment Of Liquor Liability Exclusion CU 21 14 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities 3. Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU 21 15 Exclusion Financial Services CU 21 75 Exclusion Insurance And Related Operations CU 21 18 Optical And Hearing Aid Establishments CU 22 20 Druggists CU 22 63 Druggists Broadened Coverage CU 22 84 Exclusion Testing Or Consulting Errors And Omissions CU 22 85 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU 22 86 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain professional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU 21 41 Exclusion Counseling Services CU 21 49 Exclusion Professional Veterinarian Services CU 21 59 Exclusion Diagnostic Testing Laboratories CU 22 68 Exclusion Professional Services Blood Banks CU 22 83 Professional Liability Exclusion Computer Software CU 22 93 Professional Liability Exclusion Computer Data Processing CU 22 94 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU 22 09 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU 24 29 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU 24 30 and Limited Contractual Liability Railroads Endorsement CU 24 31 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. CUPO0120413 Insurance Services Office Inc. 2012 Page 30of 4 | 2 |
7. Underlying Claims made Coverage Endorsement CU 27 00 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU 27 10 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU 04 03. Page 4 of 4 Insurance Services Office Inc. 2012 CUPO01204 13 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ISO Properties Inc. 2004 Page 1 of 1 IL P 0010104 | 2 |
An Important Message to Our Texas Policyholders ACE USA STATE OF TEXAS INFORMATION AND COMPLAINTS This information is being provided to you pursuant to the requirements of 521.005 521.051 521.056 and 521.101 521.103 of the Texas Insurance Code relating to our Toll Free information and complaint number. IMPORTANT NOTICE To obtain information or make a complaint You may contact your agent. You may call the Company s toll free telephone number for information or to make a complaint at 1800 352 4462 You may also write to the Company at ACE USA Customer Services PO Box 1000 Philadelphia PA 19106 3703 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede communicarse con su agente. Usted puede llamar al numero de telefono gratis de Compania para informacion o para someter una queja al 1800 352 4462 Usted tambien puede escribir a la Compania ACE USA Customer Services PO Box 1000 Philadelphia PA 19106 3703 Puede communicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 AUSTIN TX 78714 9104 FAX 512 4751771 Web httpwww tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa puede entonces communicarse con el departmento. TDI UNA ESTE A AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 1800 252 3439 You may write the Texas Department of Insurance P. O. Box 149104 AUSTIN TX 78714 9104 FAX 512 4751771 Web httpwww tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact your agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. XS1v48b 0110 Ptd.in U.S.A. | 2 |
ACE GROUP SPECIALTY CLAIMS LOSS NOTIFICATION FORM Today s Date 2021 09 14 FORWARD BY FAX MAIL OR E MAILTO ACE North American Claims P.0O. Box 5122 Scranton PA 18505 0554 Fax No. 866635 5687 Toll Free 844 539 3801 ACECRSCLAIMSacegroup.com LIS s. e St i et Notice of check all that apply First Party Claim Potential Claim Third Party Claim Litigation Initiated Other Insured s Name Contact Information Company Name RPG USA Point of Contact Address 212 Shelter Ln Livingston TX 77351 Phone Number Broker Agent s Name Contact Information Company Name Internal Users Point of Contact Address Phone Number Policy Information Policy Number D96450059 Policy Period 09 08 2021 to 09 08 2022 Limits of Liabilit 3000000 per 3000000 agg Self Insured Retention Deductible 0 Loss Information Date of Incident Claim Location Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature 2013 X8 28500a 0813 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA COVERAGE LIMITATION ENDORSEMENT NO BROADER THAN SCHEDULED UNDERLYING INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The policy is amended by adding the following Notwithstanding any other endorsement to this policy the insurance coverage provided by this policy will not be broader than the insurance coverage provided by the underlying insurance. In the event of an inconsistency or variance between a exclusions restrictions or limiting terms and conditions in this policy and b exclusions restrictions or limiting terms and conditions in the underlying insurance addressing the same general risk or hazard the more restrictive provision shall apply and shall supersede and be deemed to replace the corresponding less restrictive provision. This applies to supersede endorsements in this policy that may under some circumstances create exceptions to exclusions. Such exceptions shall not apply unless they also appear in and apply to underlying insurance. All other terms and conditions of the policy remain unchanged. XS45405 0315 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 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 Injury And Property Damage Liability 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 sus pected inhalation of or ingestion of silica 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 treating detoxifying neutralizing reme diating or disposing of or in any way re sponding 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 Per sonal And Adverti ing Injury Liabil 2. Exclusions C. The following definitions are added to the Defil 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 treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds.. Silica related dust means a mixture or combi nation of silica and other dust or particles. CU 2150 03 05 1SO Properties Inc. 2004 Page 1 of 1 a | 2 |
POLICY NUMBER UMBTXD964500593N POLICY NUMBER UMBTXD964500593N IL 09850115 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 75 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies CU213001151L09850115 Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 81 Refer to Paragraph B. in this endorsement. Year20 19 Federal share of terrorism losses 80 Refer to Paragraph B. in this endorsement. Year 20 20 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium B. Disclosure Of Federal Participation In Payment In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. premium attributable to the following Coverage Parts ng the terrorism premium Year20 19 Year 20 20 Insurance Services Office Inc. 2015 Page 1 of 2 IL 09 850115 | 2 |
C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year 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 IL 09 850115 | 2 |
POLICY NUMBER D96450059 POLICY NUMBER D96450059 COMMERCIAL LIABILITY UMBRELLA CuU 24291219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Limits Of Insurance Each Occurrence Limit Aggregate Limit except with respect to covered autos 3000000 3000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Ill Limits Of Insurance is replaced by the following Section lll Limits Of Insurance 1. The Limits Of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss because of a. All bodily injury and property damage arising out of any one occurrence and b. All personal and advertising injury sustained by any one person or organization. 4. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. e is replaced by the wvn in the Schedule most we will pay ight or number of making claims or st we will pay for the der lltimate net loss r property damage N A CU 24291219 Insurance Services Office Inc. 2018 Page 1 of 1 | 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 An initial 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. 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. b CU 01550312 Insurance Services Office Inc. 2011 Page 1 of 1 a | 2 |
cHUBBE Texas Notice Information and Complaints Have a complaint or need help If you have a problem with a claim or your premium call your insurance company or HMO first. If you ca nt work out the issue the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance you should also file a complaint or appeal through your insurance company or HMO. If you do nt you may lose your right to appeal. Chubb To get information or file a complaint with your insurance company or HMO Call Chubb at 1 800 352 4462 Email ChubbUSCustomerServiceschubb.com Mail Chubb Customer Services PO Box 1000 Philadelphia PA 19106 3703 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state Call with a question 1 800 252 3439 File a complaint www.tdi.texas.gov Email ConsumerProtectiontdi.texas.gov Mail MC 111 1A P.O. Box 149091 Austin TX 78714 9091 Tiene una queja o necesita ayuda Si tiene un problema con una reclamacion o con su prima de seguro llame primero a su compaiiia de seguros o HMO. Si no puede resolver el problema es posible que el Departamento de Seguros de Texas Texas Department of Insurance por su nombre en ingls pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas tambin debe presentar una queja a travs del proceso de quejas o de apelaciones de su compaiiia de seguros o HMO. Si no lo hace podria perder su derecho para apelar. Chubb Para obtener informacin o para presentar una queja ante su compaiiia de seguros o HMO Llame a Chubb al 1 800 352 4462 Correo electronico ChubbUSCustomerServiceschubb.com Direccin postal Chubb Customer Services PO Box 1000 Philadelphia PA 19106 3703 Page 10f 2 ALL4Y30 g 0520 | 2 |
cHUBBE Texas Notice Information and Complaints El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado Llame con sus preguntas al 1 800 252 3439 Presente una queja en www.tdi.texas.gov Correo electronico ConsumerProtectiontdi.texas.gov Direcci6n postal MC 111 1A P.O. Box 149091 Austin TX 78714 9091 Page 2 of 2 ALL4Y30 g 0520 | 2 |
IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy a. By mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least 10 days before the effective date of cancellation. However if this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then the notice of cancellation as described above will be provided to the first Named Insured 30 days before the effective date of cancellation. We will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL02751113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
b. 1 2 For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver.. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
CNA nt Excess I CNA Param Insured Name WOMEN S MARKETING HOLDINGS LLC 1221 POST RD E STE 201 WESTPORT CT 06880 5430 Policy Number CUE 6012548416 Policy Period 04012020 to 04012021 mbrella Liability Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 310 060692 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name WOMEN S MARKETING HOLDINGS LLC 1221 POST RD E STE 201 WESTPORT CT 06880 5430 Policy Number CUE 6012548416 Policy Period 04012020 to 04012021 website www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Table of Contents I TABLE OF CONTEN TABLE OF CONTENTS POLICYHOLDER NOTICE POLICY DECLARATIONS POLICY SCHEDULE POLICY POLICY ENDORSEMENT Page Number 2 Table of Contents Policy No CUE 6012548416 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE CLOSURE OF PREMI IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form No CNA75532XX 01 2015 Policy No CUE 6012548416 Policyholder Notice Page 1 of 2 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 6012548416 Policyholder Notice Page 2 of 2 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 6012548416 Policyholder Notice Page 1 of 1 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 6012548416 Policyholder Notice Page 1 of 1 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address WOMEN S MARKETING HOLDINGS LLC 1221 POST RD E STE 201 WESTPORT CT 06880 5430. Policy Information. Producer Information Policy Number 6012548416 Producer Renewal of 6012548416 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 The Continental Insurance Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period 04012020 to 04012021 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 2000000 Aggregate Limit 2000000 Aggregate Products Completed Operations Hazard Limit 2000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention 10000 eEiiieu Hioviod. WOMEN S MARKETING HOLDINGS LLC AT I 548416 ddress ance Company NIES LLC 64112 0 060692 TR M R T AmeR e Form No CNA75501XX 03 2015 Policy No CUE 6012548416 Policy Declarations Page 1 of 3 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Casualty General Liability Company 6012548397 04012020 to 04012021 Coverages Each Occurrence Limit General Aggregate Limit Per Location yes Per Proiect no Limits of Insurance 1000000 2000000 Underlying Insurance Coverages General Liability Each Occurrence Limit Limits of Insurance 1000000 General Aggregate Limit Per Location yes Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 Excluded 2000000 Outside Limits ALAE Auto Liability Combined Single Limit 1000000 National Fire Insurance Company of Hartford 6012548402 04012020 to 04012021 ALAE Outside Limits THE HARTFORD 76 WEG DD3683 04012020 to 04012021 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6012548416 Policy Declarations Page 2 of 3 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA Underlying Insurer Policy Number Policy Period Note Continental Casualty Company 6012548397 04012020 to 04012021 CNA Paramount Excess and Umbrella Liability Policy Declarations Underlying Insurance Coverages Limits of Insurance Employee Benefits Each Occurrence Limit 1000000 Liability Aggregate Limit 1000000 Underlying Insurance Coverages Employee Benefits Each Occurrence Limit Liability Aggregate Limit Limits of Insurance 1000000 1000000. Forms and Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 1312.00 Premium includes the following amount for Certified Acts of 13 Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com rFremium U7 ot the lotal Fre 13 Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Address Form No CNA75501XX 03 2015 Policy No CUE 6012548416 Policy Declarations Page 3 of 3 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I HEDULE OF FORMS AND ENDORSEMEN Endorsement Form Name Form Number Form Edi Number PEI 1 CANCELLATION AND NONRENEWAL ENDORSEMENT CNA62814CT 01 2019 CONNECTIICUT 2 PROFESSIONAL SERVICES EXCLUSION ENDORSEMENT CNA75518XX 03 2015 3 PERSONAL AND ADVERTISING INJURY LIABILITY CNA75577XX 03 2015 EXCLUSION ENDORSEMENT 4 BROAD KNOWLEDGE OF OCCURRENCE ENDORSEMENT CNA75581XX 03 2015 5 PERSONAL AND ADVERTISING INJURY LIABILITY CNA76514XX 03 2015 EXCLUSION ENDORSEMENT COVERAGE B 6 AMENDMENT TO NAMED INSURED CNAB88301XX 08 2017 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 POLICY POLICY DECLARATIONS CNA75501XX 03 2015 Form No CNAG2640XX 09 2012 Policy No CUE 6012548416 Policy Schedule Page 1 of 1 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium Commission 04012020 433.00 15.00 07012020 293.00 15.00 10012020 293.00 15.00 01012021 293.00 15.00 Total Cost 1312.00 Form No CNAB4401XX 12 2015 Policy No CUE 6012548416 Policy Schedule Page 1 of 1 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy o Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 1 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 52 Copyright CNA All Rights Reserved. | 0 |
CNA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period or b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 2 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 3 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured arising out of a. a defect deficiency inadequacy or dangerous condition in your product or your work or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 4 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or iv. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that perso b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 5 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. the Insured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 6 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any a. unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 7 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. ator from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 8 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 9 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 10 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 11 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. if the occurrence which caused the bodil providing or failing to provide transportation with respect to any person that may be under the influence of alcohol ury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advel Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 12 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or presence at any time of ca. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising injury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 13 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 14 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds C. With respect to the Coverage C Cri The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. is Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 15 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 16 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 17 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 18 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 19 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place the names and addresses of any injured persons and witnesses and the nature and location of any injury or damage arising out of the incident. Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b c d e death. if a claim is made against any Insured the Named Insured spinal cord injury including but not limited to paraplegia or quadriplegia loss of any organ severe disfigurement including but not limited to burns and amputations or i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 20 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 21 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 22 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 23 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 24 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 25 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract B. a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad D. an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality E. an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodil of ury or property damage arising out a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer mmoow Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 26 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 27 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 28 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 29 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 30 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 31 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary 7 Secretary Form No CNA75504XX 03 2015 Policy No CUE 6012548416 Policy Page 32 of 32 Policy Effective Date 04012020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 52 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND NONRENEWAL ENDORSEMENT CONNECTICUT Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NONRENEWAL A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel the policy by mailing or delivering to the Insurer or any of its authorized representatives advance written notice of cancellation stating when the cancellation is to be effective. 2. Cancellation of Policies in Effect a. Less Than 60 Days If the policy has been in effect for less than sixty 60 days and is not a renewal of a policy the Insurer issued the Insurer may cancel the policy for any reason by giving written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if the Insurer cancels for nonpayment of premium or 2 Thirty 30 days before the effective date of cancellation if the Insurer cancels for any other reason. b. 60 Days or More If the policy has been in effect for sixty 60 days or more or if it is a renewal of a policy the Insurer issued the Insurer may cancel the policy by giving the first Named Insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if the Insurer cancels for one or more of the following reasons a Nonpayment of premium b Conviction of a crime arising out of acts increasing the hazard insured against c Discovery of fraud or material misrepresentation by the Insureds in obtaining the policy or in perfecting any claim thereunder d Discovery of any willful or reckless act or omission by the Insureds increasing the hazard insured against or e A determination by the commissioner that continuation of the policy would violate or place the Insurer in violation of the law. 2 Sixty 60 days before the effective date of cancellation if the Insurer cancels for one or more of the following reasons a Physical changes in the property which increase the hazard insured against b A material increase in the hazard insured against or Form No CNA62814CT 01 2019 Policy No CUE 6012648416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 1 Page 1 of 3 Policy Page 44 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement c A substantial loss of reinsurance by the Insurer affecting this particular line of insurance. 1 The Insurer may not cancel policies in effect for 60 days or more or renewal policies for any reason other than the reasons described in Paragraphs A.b.1 and A.b.2 above. 2 If the Insurer cancels for nonpayment of premium the Named Insured may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. 3 Notice of cancellation will be delivered or sent by a Registered mail b Certified mail or c Mail evidenced by a United States Post Office certificate of mailing c. The Insurer will give notice to the Named Insured at the first Named Insured s last mailing address known to the Insurer. d. The notice of cancellation will state the specific reason for the cancellation and the effective date of cancellation. The policy period will end on that date. e. If notice is mailed proof of mailing will be sufficient proof of notice. B. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C. NONRENEWAL 1. If the Insurer decides not to renew this policy the Insurer will send notice as provided in Paragraph C.3. of this endorsement. 2. Conditional Renewal a. If the Insurer conditionally renews this policy under terms and conditions less favorable to the Named Insured than currently provided under this policy then the Insurer will send notice as provided in Paragraph C.3. of this endorsement. b. The conditional renewal notice shall clearly state or be accompanied by a statement clearly identifying any 1 Reduction in coverage limits 2 Coverage provisions added or revised that reduce coverage or 3 Increases in deductibles. 1. Notices of Nonrenewal and Conditional Renewal a. If the Insurer decides not to renew this policy or to conditionally renew this policy as provided in Paragraphs C.1. and C.2. of this endorsement the Insurer will mail or deliver to the Named Insured a written notice of nonrenewal or conditional renewal stating the specific reason for nonrenewal or conditional renewal at the first Named Insured s last mailing address known to the Insurer at least sixty 60 days before the expiration date of the policy. b. This notice will be delivered or sent by 1 Registered mail 2 Certified mail or Form No CNA62814CT 01 2019 Policy No CUE 6012648416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 1 Page 2 of 3 Policy Page 45 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 3 Mail evidenced by a United States Post Office certificate of mailing. If notice is mailed proof of mailing will be sufficient proof of notice. c. However the Insurer is not required to send notice of nonrenewal if nonrenewal is due to the Named Insured s failure to pay any advance premium required for renewal. D. The When We Do Not Renew Condition of the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part and Employment Related Practices Liability Coverage Part does not apply. CNA Paramount Excess and Umbrella Liability Policy Endorsement All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA62814CT 01 2019 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 1 Page 3 of 3 Policy Page 46 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I PROFESSIONAL SERVICES EXCLUSION ENDORSEMEN This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows I. If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions is amended by the addition of the following new exclusion Professional Services any liability arising out of the actual or alleged rendering of or failure to render any professional services by the Insured or any other person for whose acts the Insured is legally responsible. Il. If this endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY then the section entitled EXCLUSIONS is amended by the addition of the exclusion set forth in paragraph I. above except that the bolded word Insured is deleted in its entirety and replaced with insured. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75518XX 03 2015 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 2 Page 1 of 1 Policy Page 47 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I PERSON. This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY AND ADVERT ING INJURY LIABI It is understood and agreed as follows I If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions is amended by the addition of the following new exclusion Personal and Advertising Injury Any actual or alleged personal and advertising injury. Il. If this endorsement is attached to the PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Exclusions the exclusion entitled Personal and Advertising Injury is deleted in its entirety. Il If this endorsement is attached to the PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions the exclusion entitled Personal and Advertising Injury is deleted in its entirety and replaced with the following Personal and Advertising Injury Any actual or alleged personal and advertising injury. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75577XX 03 2015 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 3 Page 1 of 1 Policy Page 48 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I BROAD KNOWLEDGE OF OCCURRENCE ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA POLICY then the section entitled Notice of Claims Crisis Management Event Covered Accident is amended by the addition of the following B. PARAMOUNT UMBRELLA LIABILITY POLICY then the section entitled Notice of Claims Crisis Management Event Covered Accident is amended by the addition of the following The Insured s duties pursuant to this section shall only apply once the claim is known by 1. the Named Insured 2. a partner of the Named Insured if the Named Insured is a partnership 3. an executive officer or the employee designated by the Named Insured to give such notice if the Named Insured is a corporation 4. a manager if the Named Insured is a limited liability company. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75581XX 03 2015 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 4 Page 1 of 1 Policy Page 49 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I PERSONAL AND ADVERTISING INJURY LIABI Y EXCLUSION ENDORSEMENT COVERAGE B This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that under EXCLUSIONS the section entitled Coverage B Umbrella Liability Exclusions the exclusion entitled Personal and Advertising Injury is deleted in its entirety and replaced with the following Personal and Advertising Injury Any actual or alleged personal and advertising injury. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76514XX 03 2015 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 5 Page 1 of 1 Policy Page 50 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that 1. The section entitled WHO IS AN INSURED is amended as follows a. Paragraph A. is deleted and replaced by the following A. With respect to Coverage A Excess Follow Form Liability 1 Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability 2 Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A Excess Follow Form Liability but only for the same coverage except for limits of insurance afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B Umbrella Liability Entities that are named insureds under the provisions of underlying insurance but only while a Named Insured has management control over the entity during the policy period subject to the following 1 the coverage provided by this insurance to such an entity does not apply to a bodily injury or property damage that occurred or b personal and advertising injury caused by an incident first committed before a Named Insured has management control or after a Named Insured ceases to have management control and 1 no person or organization is a Named Insured a with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not covered by this endorsement as a Named Insured or b if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision management control means a Named Insured e has more than 50 ownership interest in the entity directly or indirectly or e exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following C. With respect to Coverage C Crisis Event Management and Coverage D Key Employee any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No CNA8B8301XX 08 2017 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 6 Page 1 of 2 Policy Page 51 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 2. The section entitled DEFINITIONS is amended to delete the defi the following ition of Named Insured and replace it with Named Insured means the persons or organizations named as such in the Declarations and any other organization qualifying as a Named Insured in the Section entitled WHO IS AN INSURED. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA8B8301XX 08 2017 Policy No CUE 6012548416 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 04012020 Endorsement No 6 Page 2 of 2 Policy Page 52 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
Libe fs Mutll.u Liberty Mutual Group Boston COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 Z91 465637 036 Renewal of New Business Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 641121906 Item 1. Named Insured and Mailing Address Site Rite Construction Company Inc. 316 E 31st St. Kansas City MO 64108 The Named Insured is Corporation Business of the Named Insured is Water sewer and utility lines Item 2. Policy Period 512016 to 512017 at 1201 A.M. standard time at above mailing address. Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 29328 Terrorism Risk Insurance Act 0 Total Advance Premium 29328 Minimum Premium 7332 Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number JAD 05202016 99935 9 465637 0000 Lcuooo021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 | 2 |
item 6. Underlying Insurance ICompany 512016 to 512017 IAS2 Z791 465637 016 Coverage Insurer ILimits of Insurance Policy Period Policy Number IAuto Liability Liberty Mutual Fire Insurance 1000000 CSL IGeneral Liability Liberty Mutual Fire Insurance Company 512016 to 512017 TB2 Z91 465637 026 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Employers Liability Midwest Builders Casualty 112016 to 112017 16BWC0883 2000000 By Accident Each Accident 2000000 By Disease Policy Limit 2000000 By Disease Each Employee Dps These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Dowa D. St Authorized Company Representative 2010 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 LCU 00021110 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Endorsement Number Form Number LCU 0002 11 10 LCU 99051110 LCU 2147 11 10 LCU 25091110 LCU 04110112 LCU 9907 01 14 LCU 021911 10 LCU 21181110 LCU 2409 11 10 LCU 20011013 LCU 21731013 LCU 21741013 LCU 21781013 LCU 217901 14 LCU 218006 14 LCU 21851214 LCU 04041110 Form Name Commercial Liability Umbrella Declarations Declarations Extension Named Insured Damage First Occurring Prior to Policy Period Exclusion Non Cumulation of Liability Same Occurrence Crisis Management Coverage Newly Acquired or Formed Organization Amendment Missouri Changes Cancellation and Non Renewal Silica Exclusion Foreign Liability Limitation Additional Insured Limitation Personal And Advertising Injury Exclusion Amendment Liquor Liability Exclusion Amendment Asbestos Exclusion Unlawful Discrimination Exclusion Radioactive Matter Exclusion Access or Disclosure Of Confidential or Personal Information and Data Related Liability Exclusion with limited bodily injury exception Employee Benefits Liability Coverage Limitation Form Number N 1 N O O nan nan nan nan 17.0 nan 18.0 nan 19.0 nan 20.0 LCU21561013 LCU 21201013 LCU 2104 11 10 LCU 214011 10 LC 216208 07 LC 2106 06 07 LCcu 21501014 Construction Management Errors and Omissions Exclusion Contractors Professional Liability Exclusion Cross Claims Exclusion Designated Operations Covered By a Consolidated Wrap Up Insurance Program Exclusion Exterior Insulating Finish System EIFS Exclusion Lead Exclusion Total Residential Construction Operations Exclusion nan nan nan nan 21.0 nan nan nan 22.0 nan 23.0 For attachment to TH7 Z91 465637 036 Page 10f2 | 2 |
LCU 2502 11 10 Designated Location General Aggregate Limit and Designated Construction Project General Aggregate Limit With Optional Capped Aggregate Limit LCU 218210 14 Residential Construction Operations Limitation nan nan nan nan 24.0 nan nan nan nan 25.0 nan nan nan nan 26.0 nan 27.0 CU 21 56 06 06 CU 21330115 LCU 00011110 SNI90 020115 SNIg0 010512 LIL 900506 13 Auto Exclusion of Terrorism Coverage Exclusion of Certified Acts of Terrorism Commercial Liability Umbrella Coverage Form Policy Holder Disclosure TRIA Policyholder Notice Company Contact Information Participating Provision Page 2 0f 2 For attachment to TH7 Z91 465637 036 | 2 |
Endorsement 1 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of Item 1. Named Insured of the Declarations First Named Insured Site Rite Construction Company Inc. Additional Named Insureds Green Eye Inc. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 LCU99 051110 | 2 |
Endorsement 2 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21 47 11 10 | 2 |
Endorsement 3 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Iil LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION IIl LIMITS OF INSURANCE is replaced by the following The aggregate Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However 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 regardless of the length of the policy period. Page 1 of 1 LCU 25091110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 4 End. Eff. Date Policy Number TH7 Z91 465637 036 issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims o 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 10of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with Its permission. Page 10of 5 | 2 |
b. We will have no duty under this Crisis Management Coverage to defend the insured d. against any suit seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced. before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION Iil LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of 1. Insureds 2 Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04 11 01 12 2012 Liberty Mutual Group of Companies. Al rights Page 2 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
b. A building structure or equipment collapse not caused by an act of nature. An automobile watercraft or aircraft accident d. Spread of food borne ilinesses or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. 2. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 2 5 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public relations vendor that you currently hold on retainer for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. Costs of overtime paid to your regular non salaried employees and costs incured by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salaries or wages of any of your employees. Page 3 of 5 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04110112 | 2 |
4 5 6 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. 3. Key executive means a. Chief Executive Officer b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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