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4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY A. This policy does not apply to any type of injury damages judgments settlements loss costs or expenses arising out of 1. The application construction design distribution fabrication installation maintenance manufacturing service inspection repair or replacement of any Exterior Insulation and Finish System or Any flashing caulking or sealants used with or affecting the Exterior Insulation and Finish System. B. For the purposes of this endorsement Exterior Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system 2. 3. composed of but not limited to the following materials or components A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier A reinforced base coat and A finish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form XL 2340 12 03 Page 1 of 1 2003 The Hartford | 2 |
4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY A. This policy does not apply to any type of injury damages judgments settlements loss costs or expenses arising out of 1. The application construction design distribution fabrication installation maintenance manufacturing service inspection repair or replacement of any Exterior Insulation and Finish System or Any flashing caulking or sealants used with or affecting the Exterior Insulation and Finish System. B. For the purposes of this endorsement Exterior Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system 2. 3. composed of but not limited to the following materials or components A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier A reinforced base coat and A finish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form XL 2340 12 03 Page 1 of 1 2003 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT AUTOMOBILE LIABILITY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages This policy does not apply to Automobile Liability Bodily injury or property damage arising out of the Ownership Operation Maintenance Use Entrustment to others or Loading or unloading 01 any auto. oo s wp o EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such auto with minimum underlying limits as described for Commercial Automobile Liability in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance of Underlying Insurance applies to this exception. Form XL 2401 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. ABSOLUTE POLLUTION EXCLUSION This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Exclusion 1. Pollution is hereby deleted in its entirety and replaced by the following This policy does not apply to 1. Pollution Any obligation 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 To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred 1. By reason of any such claim or suit or any such injury or damage or 2. In complying with any action authorized by law and relating to such injury or damage. As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants 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. Form XL 24 48 04 06 Page 10of 1 2006 The Hartford | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to Injury or damage arising out of or related to the presence of suspected presence of or exposure to 1. b. c. Fungi including but not limited to mold mildew and yeast Bacteria Viruses or Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1a. b c. or d. above from any source whatsoever. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies to this exception. Form XL 24 58 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Exclusion B.4. Section Coverages is replaced by the following 4. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. Form XL 24 60 12 09 Page 1of 1 2009 The Hartford | 2 |
IMPORTANT INFORMATION FOR MISSOURI POLICYHOLDERS IN THE EVENT YOU NEED TO CONTACT SOMEONE ABOUT THIS POLICY PLEASE CONTACT YOUR HARTFORD AGENT. If you have additional questions you may contact The Hartford at the address stated below. SERVICING OFFICE THE HARTFORD 8711 UNIVERSITY EAST DRIVE CHARLOTTE NC 28213 TELEPHONE 877 853 2582 NC 28213 Written correspondence is preferable so that a record of your inquiry is maintained. PLEASE MAKE SURE TO INCLUDE YOUR POLICY NUMBER IN ANY CORRESPONDENCE. Form G3133 0 Printed in U.S.A. | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
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. Terence Shields Secretary losz 4 g Andr A. Napoli Fresident 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 91 RHUQT9891 s5 Items 1. Named Insured and Mailing Address MIDWEST MECHANICAL INDUSTRIAL SERVICE LLC 311 E 7TH ST LOGAN IA 51546 HARRISON COUNTY 2. Policy Period From 010915 To 010916 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 7995.00 PREMIUM BASIS RATE PER 5. Premium 6. Self Insured Retention 10000 each occurrence 7. Limits of Insurance The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile Products Completed Operations Aggregate Limit Bodily Injury By Disease Aggregate Limit Each Occurrence Limit 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations The Schedule of Underlying Insurance Policies X00050502 The Policy Provisions L00030605 The Policy Cover XL00070314 Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 IH09850312 IH99400409 IH99410409 XL02430988 XL04151088 X1L21130914 XL21320914 XL21820393 XL23170204 XL23241014 XL23251210 X1L23300312 XL24480406 XL24581210 XL24601209 3000000 3000000 3000000 3000000. Swonrn Laothneata Countersigned by Where required by law Authorized Representative 012715 Date Form XL 00 01 01 07 | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 91 RHU QT9891 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address MIDWEST MECHANICAL INDUSTRIAL SERVICE LLC 311 E 7TH ST LOGAN IA 51546 HARRISON COUNTY Insurer Policy Number and Period Type of Coverage A HARTFORD UNDERWRITERS INSURANCE COMPANY 91 WE QT9890 010915 TO 010916 Applicable Limits 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 91 UEN QT9889 010915 TO 010916 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 PROPERTY AND CASUALTY INS CO OF HARTFORD 91 UEN QT9889 010915 TO 010916 Commercial General Li 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 91 RHU QT9891 Insurer Policy Number and Period Type of Coverage D Other Specify PROPERTY AND CASUALTY INS CO OF HARTFORD 91 UEN QT9889 010915 TO 010916 Applicable Limits 1000000 EACH CLAIM LIMIT 1000000 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 91 RHU QT9891 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT TERRORISM PREMIUM CERTIFIED ACTS Coverage Premium if Covered UMBRELLA S 79.00 nan nan nan nan 79.0 TOTAL 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. The following definition is added with respect to the provisions of this endorsement A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for 85 of that portion of such insured losses that exceeds the applicable insurer deductible. However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. D. Cap On Insurer Liability for Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. All other terms and conditions remain the same. Form IH 09 85 03 12 2012 The Hartford Page 1of 1 Includes copyrighted material of the Insurance Service Office Inc. with its permission | 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 MIDWEST MECHANICAL INDUSTRIAL Policy Number 91 RHU QT9891 Effective Date 010915 Expiration Date 010916 Company Name HARTFORD INSURANCE GROUP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS IOWA 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. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of any premium when due 2 10 days before the effective date of cancellation if we cancel for any other reason and the policy has been in effect for less than 60 days and is not a renewal with us or 3 60 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 60 days but only for one or more of the following reasons a Nonpayment of premium b Misrepresentation or fraud made by or with the knowledge of the insured in obtaining the policy or contract when renewing the policy or contract or in presenting a claim under the policy or contract. c Actions by the insured which substantially change or increase the risk insured d Determination by the Commissioner that the continuation of the policy will jeopardize the insurer s solvency or will constitute a violation of the law of this or any other state or e The insured has acted in a manner which the insured knew or should have known was in violation or breach of a policy or contract term or condition. 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. We will also mail the notice to the agent of record. If notice is mailed proof of mailing will be sufficient proof of notice. d. Notice of cancellation by us will state the effective date of cancellation and the specific reasons for cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata. f. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. g. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. The NON RENEWAL Condition is replaced by the following NON RENEWAL a. If we decide not to renew this policy we will mail or deliver written notice of non renewal to the Form XL 024309 88 Printed in U.S.A. Page 1 of 2 1992 The Hartford | 2 |
Named Insured first shown in the Declarations at least 45 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. If 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 expire at the end of such policy period. 3. The following Condition is added to the policy PREMIUM INCREASE If we elect upon renewal of this policy to increase the premium by more than 25 we will mail or deliver prior written notice to the Named Insured first shown in the Declarations 45 days prior to the expiration date of this policy Page 2 of 2 Form XL 0243 09 88 Printed in U.S.A. 1992 The Hartford | 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 3000000 each claim limit 3000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer PROPERTY AND CASUALTY INS CO OF HARTFORD Policy Number 91 UEN QT9889 Policy Period 010915 TO 010916 Retroactive Date 010915 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. 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 |
gj 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. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 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 the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of coverage for terrorism 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 War Exclusion. Form XL 23 30 03 12 Page 1of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Exclusion 1. Pollution is hereby deleted in its entirety and replaced by the following This policy does not apply to 1. Pollution Any obligation 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 To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred 1. By reason of any such claim or suit or any such injury or damage or 2. In complying with any action authorized by law and relating to such injury or damage. As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants 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. Form XL 24 48 04 06 Page 10of 1 2006 The Hartford | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to Injury or damage arising out of or related to the presence of suspected presence of or exposure to 1. b. c. Fungi including but not limited to mold mildew and yeast Bacteria Viruses or Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1a. b c. or d. above from any source whatsoever. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies to this exception. Form XL 24 58 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Exclusion B.4. Section Coverages is replaced by the following 4. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. Form XL 24 60 12 09 Page 1of 1 2009 The Hartford | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS ol Policy Period From 071114 to 071115 Policy Number 437 74 29 15 K e lllol NAMED INSURED PRODUCER VILLAS AT WOODLAND CREEK LLC LOCKTON COMPANIES LLC 11506 NICHOLAS ST STE 200 1015 N 98TH ST STE 101 OMAHA NE 68154 4421 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 DIRECT BILL JACK H. STRUYK JR Insured is LLC Business Desc CONDOMINIUM ASSOCIATION L I M I T S OF I N S U R A N C E Each Occurrence Limit Liability Coverage 2000000 Personal Advertising Injury Limit 2000000 Any one person or organization Aggregate Limit Liability Coverage 2000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU0001 0413 CU02200900 CU21130413 CU21230202 CU21271204 CU21300108 CU21360108 CU24030900 CU7001A0405 CU72690806 CU72720806 CU72731210 CU7276 1213 CU72930806 CU7404.11008 CU83171213 IL7130A0401 IL7131A0401 IL8383.50108 IL8384A0108 ECEIVED JuL 1o 200 LOCKTON Date of Issue 070814 BPP FORM CU7000A ED. 01 07 BPP 06051 003 AJ 4J77429 1501 LNy COMMERCIAL UMBRELLA D Policy Period From 071114 to 071115 11506 NICHOLAS ST STE 200 1015 N 98TH ST STE 101 OMAHA NE 68154 4421 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 2000000 2000000 2000000 A 100 MIN Forms Applicable CU0001 0413 CU02200900 CU21130413 CU21230202 CU21271204 CU21300108 CU21360108 CU24030900 CU7001A0405 CU72690806 CU72720806 CU72731210 CU7276 1213 CU72930806 CU7404.11008 CU83171213 IL7130A0401 IL7131A0401 IL8383.50108 IL8384A0108 REEWED JUL 10 20 LOCKTON REEWEDD JuL 1o 200 LOCKTON | 2 |
A EMCInsurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 29 15 VILLAS AT WOODLAND CREEK LLC EFF DATE 071114 EXP DATE 071115 COMMERCTIATL UM R A POLICY DECLA S B A ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM CU0220 09 00 IA CHANGES CANCEL AND NONRENEW CU2113 04 13 AMENDMENT OF LIQUOR LIABILITY EXCL CU2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU2127 12 04 FUNGI OR BACTERIA EXCLUSION CU2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2403 09 00 WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED CU7269 08 06 AGG LIMIT PER LOC AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU7273 12 10 AUTO LIABILITY FOLLOW FORM CU7276 12 13 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU8317 12 13 IMPORTANT NOTICE TO POLICYHOLDER IL7130A 04 01 NAMED INSURED ENDORSEMENT IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 6 PREMIUM BEYOND 123114 6 IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 070814 FORM IL7131A ED. 04 01 003 AJ 4J77429 1501 EDITION P e U P CU0220 CU2113 CU2123 CU2127 CU2130 CU2136 CU2403 CU7001A CU7269 CU7272 CU7273 CU7276 CU7293 CU7404.1 CU8317 IL7130A IL7131A I18383.5 IL8384A IA CHANGES CANCEL AND NONRENEW AMENDMENT OF LIQUOR LIABILITY EXCL NUCLEAR ENERGY LIAB EXCL BROAD FORM FUNGI OR BACTERIA EXCLUSION CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. SCHED OF PRIMARY INS AUTOMATED AGG LIMIT PER LOC AGG FOR PREM OPS ASBESTOS EXCLUSION AUTO LIABILITY FOLLOW FORM COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM IMPORTANT NOTICE TO POLICYHOLDER NAMED INSURED ENDORSEMENT COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE wan wan | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY VILLAS AT WOODLAND CREEK LLC TERRORIGSM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 070814 4377429 POLICY NUMBER 4J7 74 29 15 EFF DATE 071114 EXP DATE 071115 FORM IL8384A 01 08 1501 VILLAS AT WOODLAND CREEK LLC EFF DATE 071114 EXP DATE 0711 TERRORIGSM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORIGSM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 2915 VILLAS AT WOODLAND CREEK LLC EFF DATE 071114 EXP DATE 071115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDULE Terrorism Premium Certified Acts A. Premium through end of year 123114 6.00 B. Premium beyond the date specified above 6.00 Refer to paragraph D. below A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under that act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. PREMIUM BEYOND THE YEAR SPECIFIED IN THE SCHEDULE ABOVE The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the Schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the Schedule shall be attributable to coverage for terrorism acts certified under the act. If the Federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B of the schedule shall be attributable to that coverage for terrorism. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 070814 continued FORM 1L8383.5 01 08 003 AJ 4377429 1501 This disclo disclosure This disclo and conditi T E Terrorism A. Prem B. Prem Ref A. DISCLOSUI In accor required your prer certifiec to such the polic B. DISCLOSUE The Unite a share c federal insured 1 However certifiec in a Proc not make that exce C. CAP ON ID If aggreg under the Program 3 insurer not be 1i losses tt up to tha with proc D. PREMIUM E The premi based in losses as federal the end c unless ex is extend attributa If the Fe coverage the cover attributa to your policy in response to the he Terrorism Risk Insurance Act. nt any coverage or change the terms ge under the policy. R E PURSUANT ISK INSURANC CHEDULE d Acts f year 123114 6.00 e specified above 6.00 below jeral Terrorism Risk Insurance Act we are ith a notice disclosing the portion of ibutable to coverage for terrorism acts The portion of your premium attributable in the schedule of this disclosure or in ICIPATION IN PAYMENT OF TERRORISM LOSSES nt Department of the Treasury will pay s insured under the federal program. The f that portion of the amount of such s the applicable insurer retention. ired losses attributable to terrorist acts I IN PAYMENT OF TERRORISM LOSSES attributable to terrorist acts certified surance Act exceed 100 billion in a ough December 31 and we have met our Terrorism Risk Insurance Act we shall it of any portion of the amount of such lion and in such case insured losses t to pro rata allocation in accordance by the Secretary of the Treasury. IFIED IN THE SCHEDULE ABOVE ts of terrorism coverage is calculated. participation in payment of terrorism errorism Risk Insurance Act. The by the Act is scheduled to terminate at d in the Schedule of this endorsement al government. If the federal program wn in B in the Schedule shall be terrorism acts certified under the act. nates your policy will still contain sm unless you have elected to exclude hown in B of the schedule shall be e for terrorism. | 2 |
A EMC Insurance Companies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 29 15 VILLAS AT WOODLAND CREEK LLC EFF DATE 071114 EXP DATE 071115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. T O E ACT THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI 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 definition 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. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 070814 FORM IL8383.5 01 08 003 AJ 4J77429 1501 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI 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 definition 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. Includes copvyvrighted material of ISO Properties Inc. with its permission | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY NAMED INSURED ENDORSEMENT F e e POLICY PERIOD FROM 071114 TO 071115 POLICY NUMBER 437 74 2 9 15 Mmoot lolTTL P NAMED INSURED PRODUCER VILLAS AT WOODLAND CREEK LLC LOCKTON COMPANIES LLC 11506 NICHOLAS ST STE 200 1015 N 98TH ST STE 101 OMAHA NE 68154 4421 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 DIRECT BILL JACK H. STRUYK JR 071114 TO 071115 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED VILLAS AT WOODLAND CREEK LLC NO. 02 DIAL SENIOR MANAGEMENT INC. NO. 03 SILVERCREST AT WOODLANDS L.P. PLACE OF ISSUE OMAHA NE DATE OF ISSUE 070814 FORM IL7130A ED. 04 01 003 AJ 4777429 1501 NAMED INSURED ENDO POLICY PERIOD FROM 071114 TO 071115 11506 NICHOLAS ST STE 200 1015 N 98TH ST STE 101 OMAHA NE 68154 4421 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED VILLAS AT WOODLAND CREEK LLC NO. 02 DIAL SENIOR MANAGEMENT INC. NO. 03 SILVERCREST AT WOODLANDS L.P. PLACE OF ISSUE OMAHA NE OLICY. | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Hil Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable fimit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance.. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1.a. of Section If 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.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured fisted under Paragraph 1.a. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Insurance Services Office Inc. 2012 CU 00010413 Page 1 of 18 | 0 |
b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The fumnishing 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. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or fumishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 CU 00010413 Insurance Services Office Inc. 2012 Page 2 of 18 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of poliutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 3 of 18 | 1 |
5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j. Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or CU 00010413 Insurance Services Office Inc. 2012 Page 4 of 18 | 1 |
2 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or bl 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications 3 Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager 4 Engineering services including related supervisory or inspection services 5 Medical surgical dental X ray or nursing services treatment advice or instruction 6 Any health or therapeutic service treatment advice or instruction 7 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 9 CU 00010413 Insurance Services Office Inc. 2012 Page 5 of 18 | 1 |
COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Iil Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settiements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Insurance Services Office Inc. 2012 CU 00010413 Page 6 of 18 | 1 |
9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of poliutants at any time. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 2 3 4 5 6 7 8 Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 7 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person i Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or i above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction b c e 16 f Any health or therapeutic service g h i 0 K I m treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing services Services in the practice of pharmacy Law enforcement or firefighting services and Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. War However caused arising directly or indirectly out of War including undeclared or civil war b Warlike action by a military force c including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Page 8 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and 17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. c b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to fumnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Page 9 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 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 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. 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. 3 4 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business i To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by i Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2 3 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. 5 A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. 6 Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Insurance Services Office Inc. 2012 CU 00010413 Page 11 of 18 | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B. 3. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization. 5. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section llf Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may resultin a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit CU 00010413 Insurance Services Office Inc. 2012 Page 12 of 18 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. based upon 9. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. 10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice..Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 1 CU 00010413 Insurance Services Office Inc. 2012 Page 14 of 18 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resuiting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury.. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America.. Covered auto means only those autos to which underlying insurance applies.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or CU 00010413 Insurance Services Office inc. 2012 Page 15 of 18 | 1 |
f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers CU 00010413 Insurance Services Office Inc. 2012 Page 16 of 18 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or 2 The equipment or materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed fo occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment..Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or existence of tools uninstalled abandoned or unused 1 o CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is 23. furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who 26. 27. provides any policy of insurance listed in the Schedule of underlying insurance.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you..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 A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CU 00010413 Insurance Services Office Inc. 2012 Page 18 of 18 | 1 |
COMMERCIAL UMBRELLA CU 02 20 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of can cellation.. We may cancel this policy by mailing or delivering to the first Named Insured and any loss payee written notice of cancellation at least 10 days before the effective date of can cellation. a. If this policy is a new policy and has been in effect for less than 60 days we may cancel for any reason. b. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by or with your knowledge in obtaining the policy when renewing the policy or in presenting a claim under the policy 6 Loss of reinsurance subject to. be low. 7 A material change in the limits scope of coverage or exclusions in one or more of the underlying insurance. 8 Cancellation or nonrenewal of one or more of the underlying insurance where the polices are not replaced without lapse. A reduction in the financial rating or grade of one or more of the insurers insuring one or more of the underlying insurance based on an evaluation by a recognized financial rating organiza tion. c. We may cancel due to loss of reinsurance which provides coverage to us for a sig nificant portion of the underlying risk in sured but only if the commissioner deter mines that such cancellation is justified. 9. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and 3 Acts or omissions by you that substan tially change or increase the risk in b. The effective date of cancellation. The sured policy period will end on that date. 4 Determination by the commissioner. If this policy is cancelled we will send the first that the continuation of the policy would jeopardize our solvency or would place us in violation of the in surance laws of this or any other state 5 You have acted in a manner which you knew or should have known was in vio lation or breach of a policy term or condition Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6 Loss of reinsurance subject to. be fow. 7 A material change in the limits scope of coverage or exclusions in one or more of the underlying insurance. 8 Cancellation or nonrenewal of one or more of the underlying insurance where the polices are not replaced without lapse. A reduction in the financial rating or grade of one or more of the insurers insuring one or more of the underlying insurance based on an evaluation by a recognized financial rating organiza tion. c. We may cancel due to loss of reinsurance which provides coverage to us for a sig nificant portion of the underlying risk in sured but only if the commissioner deter mines that such cancellation is justified.. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and b. The effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 9 CU 022009 00 Copyright Insurance Services Office Inc. 2000 Page 10f 2 u | 2 |
6. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. However if cancellation is for nonpay ment of premium a certificate of mailing is not required. B. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if a. We have offered to issue a renewal policy or b. You have failed to pay a premium due or any advance premium required by us for renewal. c. If we conditionally renew this policy based upon requirements relating to the under lying insurance. In this case if the re quirements are not satisfied as of the expi ration date of this policy or 30 days after mailing or deliver of the notice whichever is later the conditional renewal notice shall be deemed to be an effective notice of nonrenewal. 2. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. Page 2 of 2 Copyright Insurance Services Office Inc. 2000 CU 0220 09 00 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21130413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces Exclusion c. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This insurance does not apply to 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 including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 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 2 3 This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity or 4 Permit any person to bring any alcoholic beverages on your premises for consumption on your premises. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. CU21130413 Insurance Services Office Inc. 2012 Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 212302 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of fi ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its ter ritories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri marily for its source material content and b re sulting from the operation by any person or organi zation of any nuclear facility included under the first two paragraphs of the definition of nuclear fa cility. CU 21230202 ISO Properties Inc. 2001 Page 1 0f 2 a | 2 |
d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used c for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or pack aging waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 CU 21230202 o 1S0 Properties Inc. 2001 Page 2 of 2 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the foflowing COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. 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. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating 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. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. aragraph 2. A Bodily 2 age which le or in part eatened in with expo nce of any building or regardless nt material tly or in any ge. g out of the leaning up detoxifying osing of or sessing the any insured CU21271204 IS0 Properties Inc. 2003 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 21300108 IS0 Properties Inc. 2007 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21360108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure This insurance does not apply to. P P PRy and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and ISO Properties Inc. 2007 CU 21360108 Page 1of 1 a | 2 |
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POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 24 03 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CU 24 03 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER LOCATION AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Iltem 2 under Section Il Limits of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your locations owned by or rented to you 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. CU72698 06 Page 101 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOW FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1 of exclusion f. Auto Coverages under Section Coverages Coverage A Bodily Injury and Property Damage Liability is replaced by the following 1 Bodily injury and property damage arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto unless coverage is provided by the insurance specifically listed on the Schedule of underlying insurance. in the event that the coverage provided by this policy applies to liability arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto then the coverage provided by this policy will not be broader than the coverage provided by the insurance specifically listed on the Schedule of underlying insurance. This exclusion does not apply to parking of an auto on or in the ways next to premises you own or rent provided the auto is not owned by rented or loaned to you. CU727312 10 Page 1ol 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following paragraph is added to Section I Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions Paragraph i.2 Pollution This exception does not apply at or from any oil gas lease 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. B. Exclusion j. Aircraft or Watercraft under Section I Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge 3. Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Form for the watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance.. Section Il Who is an Insured is amended by adding the following 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai i and iii and paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following under Section ir lily Injury And re Exclusions is d W arising out of o entrustment to S olving the use e or operated by t Use includes o a claims against er wrongdoing b ent training or sured if the dily injury or e ownership to others or D. Fect e use of any Secti or operated by addin Parag 2. b. mises you own freeg E. The f 6. TI ns or property th pr ured contract 7. S e or use of o st pr insurance for. CU727612 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page1of2 | 2 |
3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. G. Condition 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance a. This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 selfinsurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. We will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. H. Condition 6. Premium Audit of Section IV Conditions is replaced by the following 6. Premium Audit a. We will compute all premiums for this coverage part in accordance with our rules and rates. b. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all underlying insurance and the self insured retention whichever applies. 24. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. 25. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. The following definitions under Section V Definitions are amended as follows 2. Auto item b. is deleted. 12. Mobile Equipment The last paragraph regarding mobile equipment subject to compulsory and financial responsibility law or other motor vehicle insurance law is deleted. Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 2 CU727612 13 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. Page 10of 1 CUT2938 06 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS d. An executive officer or insurance In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Aftrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company A partner if you are a partnership A manager if you are a limited liability company manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 1 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J77429 15 VILLAS AT WOODLAND CREEK LLC Eff Date 071114 Exp Date 071115 COMMERCIAL UMBRELLA WORKSHEET Flt Chg Ra Uw Exp. Jdgmt Tran Term Term Class Prm Mod Factor Factr Factr Factr 4D77429 1501 General Liability Occurrence Average Underwriting Mod 0.921 GL18.0 57 0.100 6.00 MP 50.00 GL31.0 001 100 0.13 1.000 1.000 13.00 001 100 1.000 0.13 1.000 1.000 13.00 001 50 1.000 0.13 1.000 1.000 7.00 GL51.0 001 32 0.829 0.07 1.000 1.000 3.00 002 32 0.829 0.07 1.000 1.000 S 3.00 003 63 0.829 0.07 1.000 1.000 5.00 004 32 0.829 0.07 1.000 1.000 3.00 005 63 0.829 0.07 1.000 1.000 5.00 006 63 0.829 0.07 1.000 1.000 5.00 cuUol.1 Policy Balance to Minimum 143.00 Total 4D77429 Premium 250.00 CU01.4 0 Retained Limit Charge 75.00 Total Cumulative Premium 325.00 Premium Summary CU01.0 1st Million Computed Treaty Premium CuUo0l.7 1st Million Balance to Minimum 1st Million Treaty Premium CU02.0 2nd Million Computed Treaty Premium cuUo02.1 2nd Million Balance to Minimum Total Cumulative Premium 1210.00 Terrorism Charges Date of Issue 070814 BPP CONTINUED Rating Worksheet BPP 060514 003 AJ 4J77429 1501 VILLAS AT WOODLAND CREEK LLC Eff Date 071114 Exp Date 0711 COMMERCIAL UMBRELLA WORKSHEET Flt Chg Ra Uw Exp. Jdgmt Tran Term Term Class Prm Mod Factr Factr 4D77429 150 General Liability Occurrence Average Underwriting Mod 0.921 GL18.0 57 0.100 s 6. MP 50.1 GL31.0 001 100 0.13 1.000 1.000 13. 001 100 1.000 0.13 1.000 1.000 13. 001 50 1.000 0.13 1.000 1.000 7. GL51.0 001 32 0.829 0.07 1.000 1.000 3. 002 32 0.829 0.07 1.000 1.000 S 3. 003 63 0.829 0.07 1.000 1.000 5.1 004 32 0.829 0.07 1.000 1.000 3. 005 63 0.829 0.07 1.000 1.000 5. 006 63 0.829 0.07 1.000 1.000 5.0 cuUol.1 Policy Balance to Minimum 143. Total 4D77429 Premium 250. CU01.4 0 Retained Limit Charge 75.1 Total Cumulative Premium 325. Premium Summary CU0L1.0 1st Million Computed Treaty Premium 325. Cuo01.7 1st Million Balance to Minimum 275. 1 1st Million Treaty Premium 600. CU02.0 2nd Million Computed Treaty Premium 288. cuUo02.1 2nd Million Balance to Minimum 322 2nd Million Treaty Premium 610. Total Cumulative Premium 1210. Terrorism Charges Ccuol.1 ww nan nan nan nan 1.0 nan 1.0 nan 1.0 nan nan nan nan 100.0 0.13 nan 100.0 1.0 0.13 nan 50.0 1.0 0.13 nan nan nan nan 1.0 nan 1.0 nan 1.0 nan nan nan nan 1.0 nan 1.0 nan 1.0 nan 1.0 nan 1.0 nan 1.0 0.829 0.829 0.829 0.829 0.829 0.829 cooooo nan nan nan nan 1.0 nan 1.0 nan 1.0 nan 1.0 nan 1.0 nan 1.0 Premium Summary Cu02.0 cuo2.1 | 2 |
A EMC Insurance Companies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J77429 15 VILLAS AT WOODLAND CREEK LLC Eff Date 071114 Exp Date 071115 TR01.0 1st Million Treaty Terrorism Premium 6.00 TR0O2.0 2nd Million Treaty Terrorism Premium 6.00 Total Terrorism Premium 12.00 Total Umbrella Premium 1222.00 Date of Issue 070814 BPP Rating Worksheet BPP 060514 003 AJ 4J77429 1501 VILLAS AT WOODLAND CREEK LLC Eff Date 071114 Exp Date 0711 TR01.0 1st Million Treaty Terrorism Premium 6. TR0O2.0 2nd Million Treaty Terrorism Premium 6. Total Umbrella Premium 1222. | 2 |
AF EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 4J7 74 29 15 VILLAS AT WOODLAND CREEK LLC Transaction Renewal01 Prior Pol 4J7 74 29 TRANSACTION INFORMATION Policy Term 07112014 to 07112015 Trans Date 07112014 Account Name VILLAS AT WOODLAND CREEK LLC CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method D CDB Audit Frequency N Profit Share Y SIC 6531 Account Original Eff Date 07112012 Type of Policy Monoline 10 Trans Premium 1222.00 Policy ID BC Commission 15.0 Premium 1222.00 Date of Issue 070814 BPP STAT UM BPP 060514 003 AJ 4J77429 1501 VILLAS AT WOODLAND CREEK LLC TRANSACTION INFORMATION Date 07112014 Agent A B8210 am ng Method D CDB t Share Y Policy Term 07112014 to 07112015 Account Name VILLAS AT WOODLAND CREEK LLC Account Mailing State NE Financing N Audit Frequency N SIC 6531 Account Original Eff Date 07112012 Policy ID BC Commission 15.0 | 2 |
CHA nt Excess I CNA Param Insured Name AMERICA S CHRISTIAN CREDIT UNION 2100 E ROUTE 66 STE 100 GLENDORA CA 91740 4623 Policy Number CUE 7011988919 Policy Period 02012021 to 02012022 mbrella Liability Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 310 060692 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name AMERICA S CHRISTIAN CREDIT UNION 2100 E ROUTE 66 STE 100 GLENDORA CA 91740 4623 Policy Number CUE 7011988919 Policy Period 02012021 to 02012022 Vwebsite www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Table of Contents T o Page Number TABLE OF CONTENTS 2 POLICYHOLDER NOTICE 3 POLICY DECLARATIONS s 8 POLICY SCHEDULE et 1 POLICY s 13 POLICY ENDORSEMENT Table of Contents Policy No CUE 7011988919 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE ISURE OF PREMI IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form No CNA75532XX 01 2015 Policy No CUE 7011988919 Policyholder Notice Page 1 of 2 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 51 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 7011988919 Policyholder Notice Page 2 of 2 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 51 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 7011988919 Policyholder Notice Page 1 of 1 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 51 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice oo S This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 7011988919 Policyholder Notice Page 1 of 1 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 51 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICI ALIFORNIA PREMIUM REFUND DIS In accordance with CAL. INS. CODE 481.c we are notifying you that in the event that the first Named Insured cancels the insurance policy we shall retain 10 of the unearned premium. The premium refunded to you will therefore be calculated as 90 of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy we will return 90 of the pro rata unearned premium for the first year and the full annual premium for the subsequent years. If you have an Equipment Breakdown policy or your policy contains an Equipment Breakdown Coverage Part then the following premium refund calculation applies instead of that provided in the preceding paragraph. For the Equipment Breakdown policy premium or for the premium attributable to the Equipment Breakdown Coverage Part we shall retain 25 of the unearned premium. The premium refunded to you will therefore be calculated as 75 of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy we will return 75 of the pro rata unearned premium for the first year and the full annual premium for the subsequent years. However the penalties set forth in the preceding paragraphs will not apply under the following circumstances even if the first Named Insured cancels the policy 1. The Insureds no longer has a financial or insurable interest in the property or business operation that is the subject of insurance 2. Cancellation takes place after the first year for a prepaid policy written for a term of more than one year or 3. The policy is rewritten in the same insuring company or company group. Form No CNA98471CA 05 2020 Policy No CUE 7011988919 Policyholder Notice Page 1 of 1 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 51 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address AMERICA S CHRISTIAN CREDIT UNION 2100 E ROUTE 66 STE 100 GLENDORA CA 91740 4623. Policy Information. Producer Information Policy Number 7011988919 Producer LOCKTON COMPANIES LLC Renewal of 444 W 47TH ST Insurer s Name and Address STE 900 The Continental Insurance Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period 02012021 to 02012022 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 5000000 Aggregate Limit 5000000 Aggregate Products Completed Operations Hazard Limit 5000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention feEiiivu Hilovied. AMERICA S CHRISTIAN CREDIT UNION FVIIVOOViIV e and Address al Insurance Company 1 St 606 NIES LLC 64112 D060692 Ll 1ses Aggregate Limit 30 nt Expenses Aggregate Limit 10 Form No CNA75501XX 03 2015 Policy No CUE 7011988919 Policy Declarations Page 1 of 3 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 51 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Insurance General Liability Company 7011988886 02012021 to 02012022 Coverages Each Occurrence Limit Policy Aggregate Limit General Aggregate Limit Per Location yes Per Proiect no Limits of Insurance 1000000 10000000 2000000 Underlying Insurance General Liability Coverages Each Occurrence Limit Policy Aggregate Limit General Aggregate Limit Per Location yes Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit Limits of Insu 1000000 10000000 2000000 2000000 1000000 Limits of Insurance 1000000 10000000 2000000 Auto Liability Combined Single Limit 1000000 National Fire Insurance Company of Hartford 7011988905 02012021 to 02012022 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 THE HARTFORD 57 WEC AB1PTA 4 02012021 to 02012022 Form No CNA75501XX 03 2015 Policy No CUE 7011988919 Policy Declarations Page 2 of 3 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 51 Copyright CNA All Rights Reserved. | 2 |
CHA Underlying Insurer Policy Number Policy Period Note Continental Insurance Company 7011988886 02012021 to 02012022 CNA Paramount Excess and Umbrella Liability Policy Declarations Underlying Insurance Coverages Limits of Insurance Employee Benefits Each Employee Limit 1000000 Liability Aggregate Limit 2000000 Underlying Insurance Coverages Employee Benefits Each Employee Limit Liability Aggregate Limit Limits of Insurance 1000000 2000000. Forms Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 3382.00 Premium includes the following amount for Certified Acts of 0 Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com rFremium U7 ot the lotal Frer 338 Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Address Form No CNA75501XX 03 2015 Policy No CUE 7011988919 Policy Declarations Page 3 of 3 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 51 Copyright CNA All Rights Reserved. | 2 |
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