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determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. Page 5 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 |
Endorsement 5 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED OR FORMED ORGANIZATION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 3. of SECTION Il WHO IS AN INSURED is replaced by the following 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 99 07 0114 | 2 |
Endorsement 6 End. Eff. Date Policy Number TH7 291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 10. of SECTION IV CONDITIONS is amended as follows Paragraph b. is replaced by the following b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 2 30 days before the effective date of cancellation if cancellation is for one or more of the following reasons a Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy b Changes in conditions after the effective date of this policy which have materially increased the risk assumed c We become insolvent or d We involuntarily lose the reinsurance for this policy or 3 60 days before the effective date of cancellation if we cancel for any other reason. Paragraph f. is replaced by the following. If we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of non renewal not less than 60 days before the expiration date. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 Lcuoz2191110 | 2 |
Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION Endorsement 7 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA EXCLUSION This endorsement madifies 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 Silica Any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCcu21181110 | 2 |
Endorsement 8 End. Eff. Date Policy Number TH7 291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION COVERAGES is deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This Insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU24091110 | 2 |
Endorsement 9 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.e of SECTION Il WHO IS AN INSURED is replaced by the following e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added 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 minimum amount of insurance 1. Required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 20011013 | 2 |
Endorsement 10 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PERSONAL AND ADVERTISING INJURY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraphs q.2 and 3 of 2. Exclusions of SECTION COVERAGES are replaced by the following 2 Arising out of the oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication in any manner of material whose content in the same or substantially the same form was published in any manner before the beginning of the policy period Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU21731013 | 2 |
Endorsement 11 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.c. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and aif other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is by itself considered the business of selling serving or furnishing alcoholic beverages. LCU 21741013 2013 Liberty Mutual Insurance. Al rights reserved. Includes Page 1 of 1 copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 12 End. Eff. Date Policy Number TH7 Z291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.s. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to s. Asbestos Any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21781013 | 2 |
Endorsement 13 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.x. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to x. Unlawful Discrimination Any liability damages loss injury demand claim or suit that arises out of unlawful discrimination. 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21790114 | 2 |
Endorsement 14 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.y. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to y. Radioactive Matter Any liability damages loss injury demand claim or suit that arises out of or allegedly arises out of exposure to or the presence of radiation andor radioactive matter whether such pollutants are alone or combined with any other substances or factors whether included in a product or otherwise. This exclusion applies regardless of whether such exposure occurs within or outside a building. Without limiting or expanding the term pollutants as used in any policy issued by us the following sentence is included in the definition of pollutants Pollutants include but are not limited to radiation andor radioactive matter. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons and neutrons and electrons. This exclusion applies whether or not such pollutants have any function in your business operations premises site or location. Page 1 of 1 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21800614 | 2 |
Endorsement 15 End. Eff. Date Policy Number TH7 291 465637 036 Endorsement 15 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraphs q.12 and r. of 2. Exclusions of SECTION COVERAGES are deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability damages loss injury demand claim or suit arising out of 1 Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 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 nofification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. Page 1 of 1 LCU 21851214 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 16 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbrella Retroactive Date 05012016 Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 each employee 2000000 aggregate Retroactive Date 05012016 Insurer Liberty Mutual Fire Insurance Company Policy Number TB2 791 465637 026 Policy Period 512016 512017 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. An act error or omission or 2. Aseries of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E. below. LCU 04 041110 2010 Liberty Mutual Group of Companies. All rights Page 10of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 3 | 2 |
C. A claim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or When settlement is made in accordance with this policy or the Underlying Insurance listed in the Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may result in a claim. D. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once In effect the Extended Reporting Period may not be canceled. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance. Limits of insurance available under this endorsement for future payment of damages and 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 3 LCU 040411 10 | 2 |
d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s included in the employee benefit program. participation in any benefit However administration does not include handling payroll deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits and d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Page 3 of 3 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04041110 | 2 |
Endorsement 17 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS 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 Construction Management Errors and Omissions Any liability damages loss injury demand claim or suit arising out of 1 The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2 Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. This exclusion 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. This exclusion does not apply if the liability damages loss injury demand claim or suit is due to construction or demolition work done by you your employees or your subcontractors. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21561013 | 2 |
Endorsement 18 End. Eff Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS PROFESSIONAL LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Contractors Professional Liability Any liability damages loss injury demand claim or suit arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 1 Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and 2 Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. 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. B. For the purposes of this endorsement professional services include 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory or inspection activities performed as part of any related architectural or engineering activities. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21201013 | 2 |
Endorsement 19 End. Eff. Date Policy Number TH7 291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS CLAIMS 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 Cross Claims Any claim or suit for damages by any insured against any other insured. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21041110 | 2 |
Endorsement 20 End. Eff. Date Policy Number TH7 291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM EXCLUSION AFEIAD T AR e T IR AT A il This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Description and Location of Operations Any location at which you are performing on going operations or at which you have performed operations included within the products completed operations hazard if a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project at this location The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Designated Operations Covered by a Consolidated Wrap Up Insurance Program Any liability damages loss injury demand claim or suit arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this policy 2 Has limits adequate to cover all claims or 3 Remains in effect. 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 21401110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATING FINISH SYSTEM EIFS EXCLUSION This endorsement modifies insurance povided undet the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to any liability damages loss injury demand claim or suit that arises out of or allegedly atises out of the manufacturing supplying installing applying or maintaining of an extetior insulating finish system This exclusion applies whether ot not the manufactuting supplying installing applying or maintaining of an exterior insulating finish system is part of your business ot operations. This cndorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espiration Date For attachment to Policy No. TH7 291 465637 036 Audit Basi Issued To Espiration Date TH7 291 465637 036 xxxxxxxxx Countersigned by Sales Office and No. cpresentative End. Sesial No. 21 Issued Page1of1 LC 21620807 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROT IVE AND HIGHWAY LIABILITY POLICY NEW YORK This insutance does not apply to 1. Any actual or alleged liability damages loss or injury that results ditectly or indirectly from the ingestion inhalation exposute to or absorption of lead in any form ot to any claims or suits arising from lead 2. Actual or alleged property damage that results directly or indirectly from lead o the exposure to lead in any form o to any claims o suits arising from lead 3. Any loss cost ot expense arising out of any request demand order or statutoty or regulatory requirement that any insured or others test for monitot clean up remove contain treat detoxify or neutralize ot in any way respond to ot assess the effects of lead in any form or 4. Any loss cost or expense atising out of any claim or suit by o on behalf of 2 governmental authority for damages resulting from testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to ot assessing the effects of lead in any form. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premivm Bffective Date Expiration Date For attachment to Policy No. TH7 Z91 465637 036 Audit Basis TIssued To Espiration Date TH7 Z91 465637 036 nnnnnnnnnnnnnnnn Countersigned by Sales Office and No. End. Sexial No. 22 Issued Page 1 of 1 LC 210606 07 | 2 |
Endorsement 23 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Residential Construction Operations Any liability damages loss injury demand claim or suit arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall also apply to that portion of the structure or project. B. For the purposes of this endorsement Residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums hotels motels nursing homes college campus dormitories government housing on military bases or any mixed use structures with a residential component. 2014 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21501014 | 2 |
Endorsement 24 End. Eff. Date Policy Number TH7 291 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED LOCATION GENERAL AGGREGATE LIMIT AND DESIGNATED CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT WITH OPTIONAL CAPPED AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Designated Locations Designated Location General Aggregate Limit 10000000 Designated Construction Projects Daignated Construction Project General Aggregate Limit 10000000 Capped Aggregate Limit for Designated Locations and Construction Projects 30000000 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences under SECTION COVERAGES which can be attributed only to ongoing operations at a single designated location or designated construction project listed in the Schedule 1. A separate Designated General Aggregate Limit applies to each designated location and each designated construction project and that limit is the amount listed in the Schedule. LCU 25021110 2010 Liberty Mutual Group of Companies. All rights Page 1 of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 0000000 0000000 | 2 |
2. The Designated General Aggregate Limit for the designated location or designated construction project is the most we will pay for the sum of all damages because of bodily injury or property damage except damages because of bodily injury or property damage included in the products completed operations hazard regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Any payments made for damages because of bodily injury or property damage shall reduce the Designated General Aggregate Limit for that designated location or designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated location or designated construction project listed in the Schedule. However the Capped Aggregate Limit for Designated Locations and Construction Projects listed in the Schedule if any is the most we will pay for all damages because of bodily injury or property damage except damages because of bodily injury or property damage included in the products completed operations hazard. The limit shown in the Declarations for Each Occurrence continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limit will be subject to the applicable Designated General Aggregate Limit and the Capped Aggregate Limit for Designated Locations and Construction Projects listed in the Schedule if any. B. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences which can not be attributed only to ongoing operations at a single location or construction project listed in the Schedule c. 1. Any payments made for damages shall reduce the amount available under this policy s General Aggregate Limit or Products Completed Operations Aggregate Limit whichever is applicable and Such payments shall not reduce any Designated General Aggregate Limit nor shall they reduce the Capped Aggregate Limit for Designated Locations and Construction Projects. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will stil be deemed to be the same construction project. E. For the purposes of this endorsement LCU 250211 10 2010 Liberty Mutual Group of Companies. All rights Page 2 of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. The provisions of SECTION IIf LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.. This endorsement only applies to locations or construction projects for which a per location aggregate per construction project aggregate or similar limit applies on the underlying insurance. LCU 25021110 2010 Liberty Mutual Group of Companies. All rights Page 3 of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 25 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Residential Construction Operations Any liability damages loss injury demand claim or suit arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall also apply to that portion of the structure or project. However this exclusion does not apply to bodily injury property damage or personal and advertising injury that is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. B. For the purposes of this endorsement Residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single family dwellings tract homes apartments townhomes condominiums hotels motels assisted senior living nursing homes college campus dormitories government housing on military bases or any mixed use structures with a residential component. Page 1 of 1 2014 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21821014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 2. Any injury or damage means any injury or 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily Injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Page 1 of 2 ISO Properties Inc. 2006 CU 21 56 06 06 | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the cireumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 465637 036 Audit Basis Issued To Countersigned by T Ruthorized Representative Sales Office and No. End. Serial No. 26 Issued Page 2 of 2 ISO Properties Inc. 2006 CU 21 56 06 06 | 2 |
Endorsement 27 End. Eff. Date Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added b. The act is a violent act or an act that is This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 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.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 1 of 1 Insurance Services Office Inc. 2015 CU21330115 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefuily to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named insured under this policy. First Named Insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION If WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in SECTION it LIMITS OF INSURANCE. b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable limits of underlying insurance have been exhausted by payment of judgments or settlements or 2 The damages sought because of bodily injury property damage or personal and advertising injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that suit. Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of judgments or settlements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may resuit. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of nsurance Services Office Inc. with its permission. Page 1 of 30 | 0 |
which we are not obligated to defend but which in our opinion may require payment under this policy. The insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or suit but can not legally do so in the country in which the claim is made or the suit is brought you agree to investigate and defend the claim or suit. You may also settle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settlement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. c. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business during the policy period 2 The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere in the world. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void and Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. If such a listed insured or authorized employee knew prior to the policy period that the 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. e. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 1. of SECTION 1l WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or LCu 00011110 2010 Liberty Mutual Group of Companies. All rights Page 2 of 30 reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 30 | 1 |
resumption of that bodily injury or property damage after the end of the policy period. As used in.3 d. and e. above an insured listed under Paragrabh 1. of SECTION lI WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage arising out of an act that 1 Is intended by the insured or 2 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. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the confract or agreement or 2 Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person Lcuooo11110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages This exclusion applies only if you are in the business of manufacturing distributing seiling serving or furnishing alcoholic beverages. This exclusion does not apply however If the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance.. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar law. E.RILS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the insured of any auto. Use includes operation and loading or unioading. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. 2 Employer s Liability Bodily injury to 1 An ernployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. Lcuoeo11110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 30 | 1 |
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. This exclusion does not apply however if the bodily injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices Bodily injury or personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutants at any time whether included in a product or otherwise. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. a Bodily injury if sustained within a building which Is or was at any time owned or occupied by or rented or loaned to any insured 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 Lcuoo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At 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 or ii At 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 to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them but only if the escape of fuels lubricants or other operating fluids occurs 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 and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. 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 c Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or d Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if e i The poliutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and ii The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion i. applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such poflutant has any function in your business operations premises site or location. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or LCuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment ftraining or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply if the bodily injury or property damage is covered by underlying insurance. Coverage. provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto Premises you sell give away or abandon if the property damage arises out of any part of those premises 2 3 Property loaned to you 4 Property in the care custody or control of the insured G That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Lcuoo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 30 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusicn do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage to Your Product Property dmage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 30 | 1 |
dangerous condition in it. q. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that 2 3 4 5 6 7 a 1s intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury Arising out of the oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of the oral or written publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 30 | 1 |
a Advertising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting printing publishing or telecasting 9 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises contral 10 Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers 11 Arising out of a criminal act committed by or at the direction of the insured or 12 Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. s. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. t. Fungi or Bacteria Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to 1 Bedily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses arising out of the abating 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 bacteria by any insured or by any other person or entity. 2 This exclusion does not apply to any fungi or bacterla that are on or are contained in a good or Lcuoco11110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
product intended for humans to eat. u. Nuclear Energy 1 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 or b Resuiting 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 if the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or personal and advertising injury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material special nuclear material or by product material. 3 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. 4 Spent fuel means any fuel element or fuel component solid or fiquid which has been used or exposed to radiation in a nuclear reactor. 5 Waste means any waste material Lcuooo11t10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 30 | 1 |
a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium i processing or utilizing spent fuel or iii handling processing or packaging waste c Any equipment or device used for the processing fabricating or afloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 Nuclear reactor means any apparatus designed or used to sustain nuclear fission In a seif supporting chain reaction or to contain a critical mass of fissionable material. 8 Property damage includes all forms of radioactive contamination of property. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Lcuoo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 30 | 1 |
w. Driveis Privacy Protection Act Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. Unlawful Discrimination Bodily injury property damage or personai and advertising injury arising out of uniawful discrimination. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt 3 insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments a. We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 All expenses we incur 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 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 because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 All court costs taxed against the insured in the suit. However these payments do not Lcuooo011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 30 | 1 |
include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer. 5 Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after 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. 6 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 1 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 2 This insurance applies to such liability assumed by the insured 3 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 4 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 5 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 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settlement or defense of the suit ii Immediately send us copies of any demands notices summonses or legal papers received In connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance avaitable to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and Lcu oo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
ii 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 COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when 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 6 above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. 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. c. 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. d. 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. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a 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 coemployee 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 b To the spouse child parent brother or sister of that coemployee or volunteer worker LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 30 | 1 |
as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employee or volunteer worker is an insured for the bodily injury or persenat and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical controf 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. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization.. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained. f. Any person while using with your permission a covered auto for which insurance is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintnance use or entrustment to others of covered autos on underlying insurance. 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 under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 30 | 1 |
a. Coverage under this provision is afforded only untit the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 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 or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. Injury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an auto. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. 5. The Limits of Insurance 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 Limits of Insurance. 6. For the purposes of applying the Each Occurrence limit a. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. Al personal and advertising Injury arising out of a series of related offenses including all repetitions or reproductions will be considered as the result of one and the same occurrence Two or more offenses within the definition of personal and advertising injury each of which Lcuooo011110 2010 Liberty Mutual Group of Companies. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. Appeals If the Insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. if we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the insured will cooperate with us at our request and at our expense in the prosecution of the appeal. Bankruptcy a. Bankruptcy or insolvency of the Insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer will not relieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptcy insolvency or any other inability to pay of the underlying insurer or the insured to the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event 6f Occurrence Clairn of Suit a. You must see fo it that we are notified promptly of any occurrence which may resuit in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence 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. b. If a claim is made or suit is brought to which this policy may apply you must see to it that we receive prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable limit of underlying insurance is exhausted even if we do not have a duty to defend. c. You and any involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 30 | 1 |
4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights against any person or organization which may be liable to the insured because of injury or damage to which this insurance may aiso apply. d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. Inaddition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath b An amputation of any extremity Any serious head or brain injury including skull fracture or loss of sight of either or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured believes is likely to involve this policy 2 Any suit to which this insurance may.apply is a class action tawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this policy a. ToJoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
specifically written as excess over this policy. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is flat charge unless a rate is shown. c. Ifarateis shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated 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 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 eamned premium we will return the excess to the First Named Insured subject to the Minimum Premium if any shown in the Declarations. d. The First Named insured must keep records of the information we need for premium computation and make avaitable to us or send us this information at such times as we may request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representations or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations c. 1I1he pollicy will be void in any case of fraud by you as it relates to this policy or any claim under this policy d. This policy will provide no coverage for any claim in the event you have made a material misrepresentation that relates to that claim without regard to whether such misrepresentation occurs before during or after the policy period and e. There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
9. 10. a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the First Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 1201 AM. e. If this policy is cancelled we will send the First Named Insured any premium refund due. If we cancel the refund will be pro rata based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you. f. If we decide not to renew thispolicy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. g. If notice is mailed proof of mailing will be sufficient proof of notice. ion and Non Renewal L.CU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
11. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or cperations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 12. Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this poficy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 13. Maintenance of Undertlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. All underlying insurance remains in effect. The terms definitions conditions and exclusions of all underlying insurance do not materially change d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However if an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automatically added to this policy effective on the same date that it was effective on the underlying insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 30 | 1 |
14. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancelation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. 15. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media 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. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goads products or services for the purposes of attracting customers or supporters i considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer 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 a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily injury does not include Injury that falls within the definition of personal and advertising injury 4. Covered auto means only an auto for which coverage Is provided on underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or LcuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
10. M. transmitted to or from computer software including but not limited to 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 controlied equipment. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tanglble property other than your product or your work that can not be used or is less useful because a. t incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for lease of premises. However that porticn 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. Anelevator 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 or 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 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office nc. with its permission. Page 24 of 30 | 1 |
which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above 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 frestle 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 2 auto is loaned leased or rented with a driver 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 the person or organization is authorized to serve by public authority 4 That indemnifies an architect engirieer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failur to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. G 12. 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. 13. 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 itis 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. 14. 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 Lcuooot 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 25 of 30 | 1 |
b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vhicles 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 Paragraphs a. b.. 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 expioration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described In Paragraphs 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 rermoval 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 taw or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos 15. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. LCU00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 30 | 1 |
16. Other insurance means a. b. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus Any amount retained under any self insurance program that is not underlying insurance Other insurance does not include any insurance specifically written as excess over this policy. 17. Personal and advertising injury means injury caused by one or more of the following offenses a. b. f. g. False arrest detention or imprisonment Malicious prosecution 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 Oral or written publication directly to the public at large 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 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner that violates a person s right of privacy by misappropriation of that person s name or likeness The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. 18. 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. 19. 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 poliutants or Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 27 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
20. 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. 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 site has been completed if your contract calls for work at more than one site. When that part of the work done at a job site has been put fo 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. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 21. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 22 Publication means an insured s act. of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who s the subject of the material or the information. 23. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radicactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. 24. Retained limit means as to each occurrence a. The total applicable limits of the underlying insurance pius any applicable other insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 28 of 30 reserved. Includes copyrighted material of Insurance Services LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office nc. with its permission. | 1 |
25 26. 27. 28. However if the sum of the underlying insurance plus the other insurance is 1 Greater than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount listed in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or settiements. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance. If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed in the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Retention will be reduced by Supplementary Payments we pay in the investigation or settlement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. In calculating the extent to which the underlying aggrgate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period. 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 and can be awarded. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance. Underlying insurer means any insurer who provides any policy of Insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance. LCu 00011110 2010 Ubey Mutual Group of Companies. All rights Page 29 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 29 of 30 | 1 |
29. 30. 31. 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 who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not inciude 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 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. LCcuooo011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30 of 30 | 1 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for 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. The Federal Share and Program Trigger by calendar year are Calendar Year Federal Share Program Trigger 2015 85 100000000 2016 84 120000000 2017 83 140000000 2018 82 160000000 2018 81 180000000 2020 80 200000000 SNi 90020115 2015 Liberty Mutual Insurance Page 1 of 1 | 2 |
POLICYHOLDER NOTICE COMPANY CONTACT INFORMATION In the event you need to contact someone about this policy for any reason please contact your Sales Representative or Producer of Record as shown on the policy Declarations or Information Page. If you have additional questions you may contact the company at the following address Liberty Mutual Insurance 175 Berkeley Street Boston MA 02116 617 357 9500 Ext. 41015 SNI1 90010512 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 | 2 |
Policy Number TH7 Z91 465637 036 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. L Ty Desctor. 16 SECRETARY Page 1 of 1 LIL 90 0506 13 2013 Liberty Mutual Insurance. All rights reserved. | 2 |
Umbrella Liability Business Insurance Policy THE HARTFORD Form XL 00 07 03 14 Page 1 of 1 | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period Limits of Insurance Premium Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under SECTION 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE A NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Changes Inspection and Audit Separation of Insureds Duties in the Event of Occurrence Claim or Suit Maintenance of Underlying Insurance Assistance and Cooperation of the Insured Cancellation Non Renewal Legal Action Against Us Appeals Other Insurance Transfer of Rights of Recovery Against Others to Us Workers Compensation Agreement Bankruptcy or Insolvency Representations IeoTmoo py nozgrxe In Witness Whereof our President and a Secretary have signed this policy. Where required by law the declarations page has been countersigned by our duly authorized representative. Sz Lisa Levin Secretary Donfhn ThLrt Douglas Eliot President Form XL 70 00 12 06 | 2 |
Tue g HARTFORD UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 POLICY NUMBER 37 RHUQI0257 s5 Items 1. Named Insured and Mailing Address BRIGHTERGY LLC 1712 MAIN ST 6TH FLOOR KANSAS CITY MO 64108 JACKSON COUNTY 2. Policy Period From 070115 To 070116 1201 A.M. Standard Time at mailing address shown above. 3. Agent Broker Name LOCKTON COMPANIES LLC 4. Audit Period NOT SUBJECT TO AUDIT ADVANCE PREMIUM RATE PER 5. Premium 31343.00 PREMIUM BASIS RATE PER 5. Premium 6. Self Insured Retention 7. Limits of Insurance 10000 each occurrence The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile Products Completed Operations Aggregate Limit Bodily Injury By Disease Aggregate Limit Each Occurrence Limit 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations b The Schedule of Underlying Insurance Policies 00050502 c d The Policy Provisions XLk00030605 The Policy Cover 100070314 e Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 X102370213 X123170204 X124011210 IH03130611 X1.04151088 X123241014 X1.24480406 HM99011185 XL21130914 XL23251210 XL24581210 IH09560115 IH99400409 IH99410409 X1L21320914 XL21820393 XL22191214 XL23300115 XL23401203 XL23401203 X1.24601209 1 1 1 1 10000000 10000000 10000000 10000000. Swonrn Laothneata Countersigned by Where required by law Authorized Representative 072215 Date Form XL 00 01 01 07 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This policy is subject to the following additional Conditions A. If this policy is cancelled by the Company other than for nonpayment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If this policy is cancelled by the Company for nonpayment of premium or by the insured notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If notice is mailed proof of mailing to the last known mailing address of the certificate holders on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holders who were issued a certificate of insurance applicable to this policy s term. Failure to provide such notice to the certificate holders will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 03 13 06 11 Page 1of 1 2011 The Hartford | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 RHU Q10257 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address BRIGHTERGY LLC 1712 MAIN ST 6TH FLOOR KANSAS CITY MO 64108 JACKSON COUNTY Insurer Policy Number and Period Type of Coverage Applicable Limits A PROPERTY AND CASUALTY INS CO OF HARTFORD 37 WB QI0256 070115 TO 070116 Employers Liability Bodily Injury Limit Employers Liability Bodily Injury Limit 1000000 1000000 1000000 Each accident by accident Policy limit by disease Each employee by disease B TRUMBULL INSURANCE COMPANY 37 UEN QI0255 070115 TO 070116 Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident C HARTFORD ACCIDENT AND INDEMNITY COMPANY 37 UEN QI0255 070115 TO 070116 Commercial General Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 RHU Q10257 Insurer Policy Number and Period Type of Coverage D Other Specify HARTFORD ACCIDENT AND INDEMNITY COMPANY 37 UEN QI0255 070115 TO 070116 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section I INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that is 1 Lessthan 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14 15. 16. 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. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Avrising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 11. 12. 13. 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. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company. Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security 20. 21 Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities s Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest Stunting activity or Preparation for any such contest or activity. Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Wil pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION lll WHO IS AN INSURED If you are doing business as A. 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. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insure Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. Form XL 00 03 06 05 Page 7 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B. C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditions and limitations of such underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you. However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and ii That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Page 8 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste 3Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Form XL 00 03 06 05 Page 9 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. B. Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. Safe 2. Healthful or 3. In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership c. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation e. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include b. c. How when and where the occurrence 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 occurrence or offense. If a claim is made or suit is brought against any insured you must b. Immediately record the specifics of the claim or suit and the date received and Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies 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 policy or any underlying insurance or self insured retention may apply. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of The total limits of underlying insurance or Page 10 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS D. F. b The self insured retention if no underlying insurance applies without our consent. 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. Assistance and Cooperation of the Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the H. 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Form XL 00 03 06 05 Page 11 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels the refund may be less than pro rata but we wil retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith. Page 12 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS N. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. If at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. SECTION VII DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the defi ns of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Form XL 00 03 06 05 Page 13 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies Death Mental anguish Shock Disability or Care and loss of services or consortium. Insured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION 1V. L I Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations. Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence. Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes 1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardless of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us. Page 14 of 14 Form XL 00 03 06 05 | 1 |
POLICY NUMBER 37 RHU Q10257 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PLAN We and you agree that you will pay the premium in installments as shown below Date 070115 080115 090115 100115 110115 Premium 7835. 2612. 2612. 2612. 2612. 00 00 00 00 00 Date 120115 010116 020116 030116 040116 Premium 2612. 2612. 2612. 2612. 2612. 00 00 00 00 00 Form HM 99 01 11 85 Printed in U.S.A. NS | 2 |
POLICY NUMBER 37 RHU Q10257 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT MISSOURI TERRORISM PREMIUM CERTIFIED ACTS Coverage Premium if Covered UMBRELLA TOTAL 310.00 310.00 NOTE The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the defin n in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this endorsement. B. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible. Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 Form IH 09 56 01 15 However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses.. Cap On Insurer Liability For Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Page 1 of 2 2015 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. federal Terrorism Risk TRIA we are required disclosing the portion of butable to coverage for under TRIA. The portion | 2 |
D. All other terms and conditions remain the same. Page 2 of 2 Form IH 09 56 01 15 | 2 |
THE iy HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE iy HARTFORD Named Insured BRIGHTERGY LLC Policy Number 37 RHU QI0257 Effective Date 070115 Expiration Date 070116 Company Name HARTFORD INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS MISSOURI This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Itis agreed that 1. The CANCELLATION Condition is replaced by the following CANCELLATION a. The Named Insured first shown in the Declarations may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents. b. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of any premium when due 2 30 days before the effective date of cancellation if we cancel for one or more of the following reasons a Fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder or a violation of any of the terms or conditions of the policy Changes in conditions after the effective date of the policy which have materially increased the hazards originally insured Our insolvency or We involuntarily lose reinsurance for the policy. 3 60 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. c It If notice is mailed proof of mailing will be sufficient proof of notice. Notice of cancellation by us will state the effective date of cancellation and the specific reason for cancellation. The policy period will end on that date. If this policy is cancelled we will send the Named Insured first shown in the Declarations any premium refund due We shall be entitled to retain any minimum retained premium stated in the Declarations. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. The following provisions govern calculation of return premium a We will compute return premium pro rata and round to the next higher whole dollar when this policy is i Cancelled by us or at our request i Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of this insurance or iii Cancelled but rewritten with us or in our company group. When this policy is cancelled at your request except when Paragraph h.aii or iii applies we will return 90 of the pro rata unearned premium rounded to the next higher whole dollar. The refund will be less than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. c Form XL 023702 13 Page 1 of 2 2013 The Hartford | 2 |
2. The NON RENEWAL Condition is replaced by the following NON RENEWAL a. If we decide not to renew this policy we will mail or deliver written notice of non renewal with specific reason for non renewal to the Named Insured first shown in the Declarations at least 60 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. If we offer to renew this policy and the Named Insured first shown in the Declarations does not accept our offer during the current policy period this policy will not be renewed at the end of such policy period. Form XL 023702 13 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE I Coverage Employee Benefits Liability Limits of Insurance 10000000 each claim limit 10000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer HARTFORD ACCIDENT AND INDEMNITY COMPANY Policy Number 37 UEN 010255 Policy Period 070115 TO 070116 Retroactive Date 070115 Limits of Insurance Coverage 1000000 each claim limit Employee Benefits Liability 2000000 aggregate limit This policy is extended to apply to Employee Benefits Liability subject to the following additional provisions 1. Except as otherwise provided by this endorsement the insurance afforded herein shall follow all the terms definitions and exclusions of the controlling underlying insurance policy designated in Schedule. 2. SECTION COVERAGE EB A. We will pay those sums that the insured must legally pay as damages 1. Because of employee benefits injury to which this endorsement applies and 2. That are in excess of the limits of insurance in the controlling underlying insurance policy. B. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or which occurs after the policy period. 3. SECTION Iil LIMITS OF INSURANCE A. The Limits of Insurance shown in Schedule and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages to which this endorsement applies. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 1 of 3 | 2 |
D. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. The Limits of Insurance shown in Schedule apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in Schedule Il unless the endorsement is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. 4. EXTENDED REPORTING PERIODS A. We will provide one or more Extended Re porting Periods as described below if 1. This endorsement is cancelled or not renewed or 2. We renew or replace this endorsement with insurance that i. Has a Retroactive Date later than the date shown in the Declaration of this endorsement or ii. Does not apply to employee benefits injury on a claims made basis. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for 1. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period 2. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts 1. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period or 2. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under this endorsement for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this endorsement applies except to the extent described in paragraph F. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for Page 2 of 3 Form XL 04 15 10 88 Printed in U.S.A. NS 1988 The Hartford | 2 |
claims first received and recorded during the Paragraph B. of SECTION Ill LIMITS OF Supplemental Extended Reporting Period. INSURANCE will be amended accordingly. The separate aggregate limit of insurance will 5. ADDITIONAL DEFINITIONS be equal to the dollar amount shown in.. o. Schedule in effect at the end of the policy Controlling Pdeyg Insurance phcy means period of this endorsement. Fhe policy of undefylng insurance devslgnated in Schedule Il providing coverage and limits for Employee Benefits Liability. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Form XL 211309 14 Page 1 of 1 2014 The Hartford | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENDORSEMENT STANDARD This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to 1. Property damage to property a. Occupied by or rented or leased to any insured b. In the care insured or c. Over which any insured is for any purpose exercising physical control. 2. Bodily Injury or property damage assumed by any insured under any contract or agreement. 3. Property damage to your work if the damaged work or the work out of which the damage arises was performed on your behalf. 4. Bodily injury personal and advertising injury or property damage arising out of any project insured under a wrap up rating plan. custody or control of any 5. Property damage to equipment leased by or rented to any insured. EXCEPTION Paragraphs 1. 2. and 3. above do not apply if underlying insurance is maintained providing coverage for liability for such injury or damage with minimum underlying limits as described for Commercial General Liability in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance of Underlying Insurance applies to this exception. Form XL 213209 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred in whole or in part but for the lead hazard or Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As aresult of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or 2. As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form XL 21 82 03 93 Printed in U.S.A. 1993 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY PROVISIONS The following exclusion is added to Exclusions of Section COVERAGES This insurance does not apply to Punitive Damages Any punitive or exemplary damages directly or indirectly assessed against an insured including but not limited to multiplied compensatory damages or non compensatory fines penalties or sanctions. However if a suit is brought against an insured alleging any of the damages referenced above we will have the right and duty to defend such suit provided this insurance otherwise applies. Al other terms and conditions of this policy remain in effect. Form XL 22191214 Page 1 of 1 2014 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following UMBRELLA LIABILITY INSURANCE POLICY A. The following exclusion is added This policy does not apply to SILICA Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the silica hazard. B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or contact with or threat of exposure to inhalation of or contact with the actual or alleged properties of silica or any silica containing materials and includes the mere presence of silica or any silica containing materials in any form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. Form XL 23 17 02 04 Page 1 of 1 2004 The Hartford Includes copyrighted material of Insurance Services Office with its permission. | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION RESIDENTIAL PREMISES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY The following exclusion is added to the policy This policy does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to premises if those premises in whole or in any part are or were at any time marketed sold occupied or used as residential premises. Residential premises include but are not limited to 1. Condominiums cooperatives dwellings homes houses town homes or town houses time shares and mixed use buildings and 2. Appurtenant common areas structures facilities and grounds associated with the residential premises except a public street or public road or public right of way or utility easement located on or near a residential premise. Residential premises also include any conversion of property to or from any of the residential premises described above. Residential premises do not include nursing homes assisted living facilities hospitals dormitories jails prisons military housing apartment buildings hotels or motels provided that any such premises in whole or in any part are or were not at any time marketed sold occupied or used as condominiums cooperatives dwellings homes houses townhomes or townhouses timeshares or mixed use buildings. For the purposes of this endorsement mixed use buildings means any structures and improvements thereto which contain both i residential premises and i commercial or industrial space. If coverage is provided for residential premises under this endorsement then such coverage is excess over any other valid and collectible insurance including any deductible or self insured retention portion thereof available to the insured whether primary excess contingent or on any other basis. Form XL 23 24 10 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages For Virginia policyholders with Umbrella Liability Policy Provisions form XL 00 15 this exclusion replaces the Distribution of Material In Violation Of Statutes exclusion under Paragraph B. of Section Coverages This policy does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Form XL 2325 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY A. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA exceed 100 bilion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. B. Cap On Insurer Liability For Terrorism Losses A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of Terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion Pollution Exclusion or War Exclusion. Form XL 233001 15 Page 1 of 1 2015 The Hartford Includes copyrighted material of the Insurance Services Office Inc. with its permission. | 2 |
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