text stringlengths 2 7.24k | labels int64 0 2 |
|---|---|
CHA CNA Paramount Excess and Umbrella Liability Policy Schedule I SCHEDULE OF FORMS AND ENDORSEMEN Endorsement Form Name Form Number Form Edi Number Date 1 CANCELLATION AND NONRENEWAL ENDORSEMENT CNA62814CA 12 2019 CALIFORNIA 2 UNDERLYING INSURANCE COVERAGE LIMITATION CNA76492XX 03 2015 ENDORSEMENT 3 AMENDMENT TO NAMED INSURED CNA88301XX 08 2017 POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICYHOLDER NOTICE CALIFORNIA PREMIUM CNA98471CA 05 2020 REFUND DISCLOSURE POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 POLICY DECLARATIONS CNA75501XX 03 2015 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 PoOLICY NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM IFORNIA PREMIUM D UMBRELLA LIABILITY Form No CNAG2640XX 09 2012 Policy No CUE 7011988919 Policy Schedule Page 1 of 1 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 51 Copyright CNA All Rights Reserved. | 2 |
CHA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium 02012021 3382.00 Total Cost 3382.00 Form No CNAB4401XX 12 2015 Policy No CUE 7011988919 Policy Schedule Page 1 of 1 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 51 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy 1 e Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 1 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 51 Copyright CNA All Rights Reserved. | 0 |
CHA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period or b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 2 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 51 Copyright CNA All Rights Reserved. | 1 |
CHA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 3 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured arising out of a. a defect deficiency inadequacy or dangerous condition in your product or your work or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 4 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 51 Copyright CNA All Rights Reserved. | 1 |
CHA CNA Paramount Excess and Umbrella Liability This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law iii. the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or iv. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. ii. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that person b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 5 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. the Insured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 6 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act ii. the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade iii. the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 7 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. at or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. at or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste iii. which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 8 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 9 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy iii. liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 10 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 11 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. 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 a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or iii. an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advertising injury. Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 12 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or ii. presence at any time of silica. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising i ury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 13 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and ii. reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 14 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. ii. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. C. With respect to the Coverage C Crisis Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 15 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 16 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 51 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 17 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 18 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 19 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place ii. the names and addresses of any injured persons and witnesses and iii. the nature and location of any injury or damage arising out of the incident. the Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b spinal cord injury including but not limited to paraplegia or quadriplegia c loss of any organ d severe disfigurement including but not limited to burns and amputations or e death. if a claim is made against any Insured the Named Insured i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 20 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 21 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 22 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 23 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this c. Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 24 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 51 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 25 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodily injury or property damage arising out of a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer B. Chief Operating Officer C. Chief Financial Officer D. Corporate Secretary E. Treasurer F. Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 26 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 51 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 27 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 28 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 29 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 51 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 30 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 51 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 31 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 51 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. X Chairman of the Board Secretary Secretary Form No CNA75504XX 03 2015 Policy No CUE 7011988919 Policy Page 32 of 32 Policy Effective Date 02012021 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 51 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND NONRENEWAL ENDORSEMENT CALIFORNIA Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NONRENEWAL A. CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. 2. If the policy has been in effect for less than sixty 60 days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer and the producer of record. The notice of cancellation will be provided at least sixty 60 days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten 10 days prior to the effective date of the cancellation. 3. If the policy has been in effect for more than sixty 60 days or if it is a renewal effective immediately the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons a. Nonpayment of premium including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c. Discovery of fraud or material misrepresentation by either of the following 1 The Named Insured or Insureds or a representative of same in obtaining the insurance or 2 The Named Insured or his or her representative in pursuing a claim under the policy. d. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insureds or a representative of same which materially increase any of the risks insured against. e. Failure by the Named Insured or Insureds or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan if the failure materially increases any of the risks insured against. f. A determination by the commissioner that the loss of or changes in the Insurer s reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. g. A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. Form No CNA62814CA 12 2019 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 1 Page 1 of 4 Policy Page 45 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 6. h. A change by the Named Insured or Insureds or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk a materially increased risk or a materially changed risk unless the added increased or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium notice shall be given no less than ten 10 days prior to the effective date of cancellation. The notice will state the actual reason for the cancellation. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice is mailed proof of mailing will be sufficient proof of notice. B. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C. NONRENEWAL 1. The Insurer can non renew the policy by giving written notice to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days but not more than one hundred twenty 120 days before the expiration date. The notice of nonrenewal will state the actual reason for nonrenewal. If notice is mailed proof of mailing will be sufficient proof of notice. A notice of nonrenewal will not be required in any of the following situations a. The transfer of or renewal of a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b. The policy has been extended for ninety 90 days or less if the notice required has been given prior to the extension. c. The Named Insured has obtained replacement coverage or has agreed in writing within sixty 60 days of the termination of the policy to obtain that coverage. d. The policy is for a period of no more than sixty 60 days and the Named Insured is notified at the time of issuance that it may not be renewed. e. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty 60 days prior to the end of the policy period. f. The Insurer has made a written offer to the Named Insured within the prescribed time period to renew the policy under changed terms or conditions or at a changed premium rate where the increase is more than 25. As used herein terms or conditions includes but is not limited to a reduction in limits elimination of coverages or an increase in deductibles. In the case of conditional renewal failure of the Named Insured to satisfy conditions provided by the Insurer for renewal by the expiration date of the policy or sixty 60 days after mailing or delivery of such notice whichever is later the conditional renewal shall be treated as an effective nonrenewal. Form No CNA62814CA 12 2019 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 1 Page 2 of 4 Policy Page 46 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement D. CONDITIONAL RENEWAL 1. If the policy has been in effect for more than sixty 60 days or if the policy is a renewal effective immediately no increase in premium reduction in limits or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons a. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insureds which materially increase any of the risks or hazards insured against. b. Failure by the Named Insured or Insureds to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan if the failure materially increases any of the risks insured against. c. A determination by the commissioner that loss of or changes in an insurer s reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. d. A change by the Named Insured or Insureds in the activities or property of the commercial or industrial enterprise which results in a materially added risk a materially increased risk or a materially changed risk unless the added increased or changed risk is included in the policy. 2. A written notice will be mailed or delivered to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days prior to the effective date of any increase reduction or change. 3. The notice will state the effective date of and the reasons for the increase reduction or change 4. If notice is mailed proof of mailing will be sufficient proof of notice. E. ADDITIONAL PROVISIONS 1. Solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units and to coverage on tenants household property contained in a residential unit a. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage and b. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above and c. The Insurer may not cancel or non renew this policy solely because the first Named Insured has 1 Accepted an offer of earthquake coverage or 2 Cancelled or did not renew a policy issued by the California Earthquake Authority CEA that included an earthquake policy premium surcharge. However the Insurer shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. CNA Paramount Excess and Umbrella Liability Policy Endorsement Form No CNA62814CA 12 2019 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 1 Page 3 of 4 Policy Page 47 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement d. The following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. The Insurer may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage if one or more of the following reasons apply i. The policy is terminated by the Named Insured ii. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes but is not limited to a condition in which the Insurer makes claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty five percent 25 for payment of those claims or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable and that is responsive to the changes in the Insurer s reinsurance position. e. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter as determined by California Law the Insurer may not cancel or non renew this policy for one year beginning from the date the state of emergency is declared solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However the Insurer may cancel or non renew 1 When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect 2 If willful or grossly negligent acts or omissions by the Named Insured or his or her representatives are discovered that materially increase any of the risks insured against 3 If losses unrelated to the post disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal or 4 If there are physical changes in the property insured against beyond the catastrophe damaged condition of the structures and surface landscape which result in the property becoming uninsurable. f. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA62814CA 12 2019 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 1 Page 4 of 4 Policy Page 48 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I NDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Coverage Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions it is amended with the addition of the following new exclusion Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any underlying insurance. In the event of any difference between a. exclusions restrictions limiting terms or conditions in this policy and b. exclusions restrictions limiting terms or conditions in the underlying insurance addressing the same general risk or hazard then the more restrictive provision shall apply. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76492XX 03 2015 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 2 Page 1 of 1 Policy Page 49 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 1 T This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that 1. The section entitled WHO IS AN INSURED is amended as follows a. Paragraph A. is deleted and replaced by the following A. With respect to Coverage A Excess Follow Form Liability 1 Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability 2 Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A Excess Follow Form Liability but only for the same coverage except for limits of insurance afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B Umbrella Liability Entities that are named insureds under the provisions of underlying insurance but only while a Named Insured has management control over the entity during the policy period subject to the following 1 the coverage provided by this insurance to such an entity does not apply to a bodily injury or property damage that occurred or b personal and advertising injury caused by an incident first committed before a Named Insured has management control or after a Named Insured ceases to have management control and 1 no person or organization is a Named Insured a with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not covered by this endorsement as a Named Insured or b if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision management control means a Named Insured e has more than 50 ownership interest in the entity directly or indirectly or e exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following C. With respect to Coverage C Crisis Event Management and Coverage D Key Employee any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No CNAB8301XX 08 2017 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 3 Page 1 of 2 Policy Page 50 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 2. The section entitled DEFINITIONS is amended to delete the defi the following ition of Named Insured and replace it with Named Insured means the persons or organizations named as such in the Declarations and any other organization qualifying as a Named Insured in the Section entitled WHO IS AN INSURED. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNAB8301XX 08 2017 Policy No CUE 7011988919 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 02012021 Endorsement No 3 Page 2 of 2 Policy Page 51 of 51 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 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 |
UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 POLICY NUMBER 37 RHU NJ3517 K3 RENEWAL OF 37 RHU NJ3517 Items 1. Named Insured and Mailing Address DENNIS GARBERG ASSOCIATES SEE IH1204 14001 MARSHALL DR LENEXA KS 66215 JOHNSON COUNTY 2. Policy Period From 123113 To 123114 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 20092.00 THE iy HARTFORD 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 25000000 Products Completed Operations Aggregate Limit 25000000 Bodily Injury By Disease Aggregate Limit 25000000 Each Occurrence Limit 25000000 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of This Declarations The Schedule of Underlying Insurance Policies 1 00050502 The Policy Provisions 100030605 The Policy Cover XL00070698 Any Endorsements shown below. a b c d e Endorsements forming part of this policy when issued XL70001206 IH03130611 HM99011185 IH09850312 IH12040312 IH99400409 IH99410409 XL02110487 XL04011210 XL04151088 XL21040786 XL21050786 X1L21080786 XL21290397 XL21450605 XL22800209 XL23170204 XL23251210 XL23300312 XL24011210 XL24581210 XL24601209 Countersigned by Where required by law Authorized Representative Date 25000000 25000000 25000000 25000000 Form XL 00 01 01 07 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This policy is subject to the following additional Conditions A. If this policy is cancelled by the Company other than for nonpayment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If this policy is cancelled by the Company for nonpayment of premium or by the insured notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If notice is mailed proof of mailing to the last known mailing address of the certificate holders on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holders who were issued a certificate of insurance applicable to this policy s term. Failure to provide such notice to the certificate holders will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 03 13 06 11 Page 1of 1 2011 The Hartford | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 RHU NJ3517 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address DENNIS GARBERG ASSOCIATES SEE IH1204 14001 MARSHALL DR LENEXA KS 66215 JOHNSON COUNTY Insurer Policy Number and Period Type of Coverage A TWIN CITY FIRE INSURANCE COMPANY 37 WB BP4706 123113 TO 123114 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 SENTINEL INSURANCE COMPANY LIMITED 37 UUN NJ3310 123113 TO 123114 Commercial Auf Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident HARTFORD ACCIDENT AND INDEMNITY MPANY Ol cc col 37 UUN NJ3310 123113 TO 123114 Commercial General Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as listed below 5 AN 000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 RHU NJ3517 Insurer Policy Number and Period Type of Coverage D Other Specify HARTFORD ACCIDENT AND INDEMNITY COMPANY 37 UUN NJ3310 123113 TO 123114 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY D HARTFORD FIRE INSURANCE COMPANY 37 UUN KD5104 123113 TO 123114 OTHER SPECIFY CANADIAN COMMERCIAL GENERAL LIABILITY 1000000 2000000 EACH OCCURRENCE LIMIT GENERAL AGGREGATE LIMIT OTHER THAN PRODUCTSCOMPLETED OPERATIONS D HARTFORD FIRE INSURANCE COMPANY 37 UEN KD6902 123113 TO 123114 OTHER SPECIFY CANADIAN COMMERCIAL AUTOMOBILE 1000000 EACH ACCIDENT Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section I INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that is 1 Lessthan 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14 15. 16. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Avrising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 11. 12. 13. b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company. Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security 20. 21 Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities s Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest Stunting activity or Preparation for any such contest or activity. Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Wil pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION lll WHO IS AN INSURED If you are doing business as A. 1. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insure Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. Form XL 00 03 06 05 Page 7 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B. C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditions and limitations of such underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you. However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and ii That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Page 8 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste 3Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Form XL 00 03 06 05 Page 9 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. B. Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. Safe 2. Healthful or 3. In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership c. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation e. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include b. c. How when and where the occurrence took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against any insured you must b. Immediately record the specifics of the claim or suit and the date received and Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any underlying insurance or self insured retention may apply. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of The total limits of underlying insurance or Page 10 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS D. F. b The self insured retention if no underlying insurance applies without our consent. 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. Assistance and Cooperation of the Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the H. 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Form XL 00 03 06 05 Page 11 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels the refund may be less than pro rata but we wil retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith. Page 12 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS N. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. If at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. SECTION VII DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the defi ns of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Form XL 00 03 06 05 Page 13 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies Death Mental anguish Shock Disability or Care and loss of services or consortium. Insured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION 1V. L I Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations. Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence. Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes 1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardless of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us. Page 14 of 14 Form XL 00 03 06 05 | 1 |
POLICY NUMBER 37 RHU NJ3517 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PLAN We and you agree that you will pay the premium in installments as shown below Date 123113 013114 022814 033114 043014 Premium 5026. 1674. 1674. 1674. 1674. 00 00 00 00 00 Date 053114 063014 073114 083114 093014 Premium 1674. 1674. 1674. 1674. 1674. 00 00 00 00 00 Form HM 99 01 11 85 Printed in U.S.A. NS | 2 |
POLICY NUMBER 37 RHU NJ3517 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 199.00 nan nan nan nan 199.0 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 |
POLICY NUMBER 37 RHU NJ3517 Eij THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS POLICY NUMBER 37 RHU NJ3517 The following persons or organizations are added to the Declarations as Named Insureds DENNIS GARBERG ASSOCIATES DBA THE SUNFLOWER SUNFLOWER SALES PROFESSIONALS MIDWEST PROJECT SERVICES LLC SUNFLOWER STAFFING CASTING CALL INSTORE INTELLIGENCE LLC SUNFLOWER MERCHANDISING LLC TALLGRASS TALENT GROUP LLC DATAHOUND LLC INSTORE INTEL LLC NORTH 51ST USA INC. NORTH 51ST GROUP INC. GROUP FormIH120403 12 SEQ.NO. 01 2012 The Hartford | 2 |
THE iy HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE iy HARTFORD Named Insured DENNIS GARBERG ASSOCIATES Policy Number 37 RHU NJ3517 Effective Date 123113 Exp Company Name 10CKTON COMPANIES LLC Expiration Date 123114 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 KANSAS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Itis agreed that 1. The CANCELLATION Condition is replaced by the following CANCELLATION a. The Named Insured first shown in the Declarations may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents. b. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of any premium when due 2 30 days before the effective date of cancellation if we cancel for any other reason and the policy has been in effect for less than 90 days and is not a renewal with us or 3 30 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 90 days but only for one or more of the following reasons a The policy was issued because of a material misrepresentation b Any insured violated any of the material terms and conditions of the policy c Unfavorable underwriting factors specific to you exist that were not present at the inception of the policy d A determination by the Commissioner that the continuation of coverage could place us in a hazardous financial condition or in violation of the Laws of the State of Kansas or e A determination by the Commissioner that we no longer have adequate reinsurance to meet the company s needs. We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. If notice is mailed proof of mailing will be sufficie nt proof of notice. Notice of cancellation by us will state the effective date of cancellation and the specific reasons for the cancellation. The policy period will end on that date. If this policy is cancelled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. 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 with specific reasons for the non renewal to the Named Insured first shown in the Declarations at least 60 days before the end of the policy period. Form XL 02 11 04 87 Printed in U.S.A. NS 1987 The Hartford Page 1 of 2 | 2 |
If we offer to renew this policy and the Named Insured first shown in the Declarations does not accept our offer during the current policy period this policy will not be renewed at the end of such policy period. 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. Page 2 of 2 Form XL 02 11 04 87 Printed in U.S.A. NS 1987 The Hartford | 2 |
b S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY The definition of Occurrence is amended to include the rendering of or failure to render professional medical dental or nursing services by you. EXCEPTION This insurance applies only to the extent that coverage is afforded for such services by underlying insurance 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 04 01 1210 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 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 25000000 each claim limit 25000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer HARTFORD ACCIDENT AND INDEMNITY COMPANY Policy Number 37 UUN NJ3310 Policy Period 123113 TO 123114 Retroactive Date 123109 Limits of Insurance Coverage 1000000 each claim limit Employee Benefits Liability 2000000 aggregate limit This policy is extended to apply to Employee Benefits Liability subject to the following additional provisions 1. Except as otherwise provided by this endorsement the insurance afforded herein shall follow all the terms definitions and exclusions of the controlling underlying insurance policy designated in Schedule. 2. SECTION COVERAGE EB A. We will pay those sums that the insured must legally pay as damages 1. Because of employee benefits injury to which this endorsement applies and 2. That are in excess of the limits of insurance in the controlling underlying insurance policy. B. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or which occurs after the policy period. 3. SECTION Iil LIMITS OF INSURANCE A. The Limits of Insurance shown in Schedule and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages to which this endorsement applies. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 1 of 3 | 2 |
D. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. The Limits of Insurance shown in Schedule apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in Schedule Il unless the endorsement is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. 4. EXTENDED REPORTING PERIODS A. We will provide one or more Extended Re porting Periods as described below if 1. This endorsement is cancelled or not renewed or 2. We renew or replace this endorsement with insurance that i. Has a Retroactive Date later than the date shown in the Declaration of this endorsement or ii. Does not apply to employee benefits injury on a claims made basis. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for 1. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period 2. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts 1. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period or 2. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under this endorsement for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this endorsement applies except to the extent described in paragraph F. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for Page 2 of 3 Form XL 04 15 10 88 Printed in U.S.A. NS 1988 The Hartford | 2 |
claims first received and recorded during the Paragraph B. of SECTION Ill LIMITS OF Supplemental Extended Reporting Period. INSURANCE will be amended accordingly. The separate aggregate limit of insurance will 5. ADDITIONAL DEFINITIONS be equal to the dollar amount shown in.. o. Schedule in effect at the end of the policy Controlling Pdeyg Insurance phcy means period of this endorsement. Fhe policy of undefylng insurance devslgnated in Schedule Il providing coverage and limits for Employee Benefits Liability. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF PERSONAL PROPERTY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to personal property 1. Rented to 2. Used by or 3. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Form XL 21 0407 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF REAL PROPERTY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to real property 1. Owned by 2. Occupied by 3. Rented to or 4. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Form XL 21 0507 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LIQUOR LIABILITY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to 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 The furnishing of alcoholic beverages to a. Aperson under the legal drinking age or b. Under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distributon or use of alcoholic beverages. This exclusion applies only if such insured is in the business of 5. xS Manufacturing Distributing Selling Serving or Furnishing Alcoholic beverages. This exclusion applies to any operation of the insured or the insured s indemnitee involving the selling or serving of alcoholic beverages for a charge whether or not the insured or the insured s indemnitee is 1. In the business to make a gain or profit from the selling or serving of such beverages or Engaged in selling or serving alcoholic beverages as a means of livelihood. Form XL 21 08 07 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TOBACCO HEALTH HAZARD This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY This policy does not apply to any damages judgments settlements loss costs or expenses or any other form of relief that may be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind which arises out of the tobacco hazard. As used in this exclusion Tobacco hazard includes but is not limited to the actual or alleged emergence contraction aggravation or exacerbation or fear of the emergence contraction aggravation or exacerbation of any form of cancer cancerous or precancerous condition arteriosclerosis heart disease or any other injury disease malady or impairment of the health of the human body arising out of in whole or in part the a. Exposure to b. Ingestion consumption or use of or c. Exposure to the ingestion consumption or use of any tobacco product. Tobacco product shall include but shall not be limited to raw or cured tobacco cigars and cigar wrappers pipe tobacco cigarettes cigarette filters and paper snuff chewing or smokeless tobacco tobacco smoke and gaseous or solid residues or by products of tobacco use consumption manufacturing or processing. Any chemical mineral or other product sprayed on applied to found within or used in conjunction with any tobacco product will also be considered part of such tobacco product. sion Form XL 21 29 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE CANADIAN TERRITORIAL EXCLUSIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 1. Paragraph 2.a. of SECTION COVERAGES is replaced by the following A. Umbrella Liability Insurance 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 caused by an occurrence which takes place in the coverage territory occurs during the policy period and 2. The following definition is added to your policy Coverage territory means a. The United States of America including its territories and possessions and Puerto Rico b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any place included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above The activities of a person whose home is in the territory described in a. above but who is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in the United States of America including its territories and possessions or Puerto Rico in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 2 3 Form XL 21 45 06 05 Page 1 of 1 2005 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TERRITORIAL This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY 1. Paragraph 2.a. of SECTION COVERAGES is replaced by the following A. Umbrella Liability Insurance 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 caused by an occurrence which takes place in the coverage territory occurs during the policy period and 2. The following definition is added to your policy Coverage territory means The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in the United States of America including its territories and possessions Puerto Rick or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 3 Form XL 22 80 02 09 Page 1of 1 2008 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 |
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. 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 |
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 NOTICE TO POLICYHOLDERS REDUCTION OF COVERAGE TITLE OF FORM LIMITATION OF COVERAGE CANADIAN TERRITORIAL EXCLUSIONS FORM NUMBER XL21450605 COVERAGES THE FORM CITED ABOVE HAS BEEN ADDED TO YOUR POLICY AND HAS THE EFFECT OF REDUCING YOUR INSURANCE COVERAGE. YOU SHOULD REVIEW YOUR POLICY AND CONTACT YOUR HARTFORD AGENT OR YOUR BROKER IF YOU HAVE ANY QUESTIONS. Form G3061 Ed. 01 97 | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information please contact us at 866 467 8730 and we will be happy to assist you. Your total policy premium will appear on your policy s Declarations Page. You will be billed based on the payment plan you selected. You may pay the minimum due as it appears on your insurance bill or pay the policy balance in full. An installment service fee is added to each installment. A late fee will also be applied if the minimum due is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. If you selected installment billing any credit or additional premium due as the result of a change made to your policy will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. If you elected Electronic Funds Transfer EFT policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. If you selected installment billing and pay the premiums for your first policy term on time at renewal your account may qualify for our Equal Installment feature. This means that the percentage due for each installment including the initial renewal installment will be the same throughout the policy term helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments future renewals will be billed based on the payment plan you selected which includes a higher initial installment amount. If your policy is eligible for renewal your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy s renewal date. If your insurance needs change please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. One bill convenience you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You re In Control In addition to selecting a bill plan option that best meets your budget you have the flexibility to decide how your payments are made... o o o o Repetitive EFT Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. Pay Online Register at www.thehartford.comservicecenter. Online Bill Pay is Quick Easy and Secure Pay by Check Send a check with your remittance stub in the envelope provided with your bill. Pay by Phone Call toll free 1 866 467 8730. Should you have any questions about your bill please call Customer Service toll free number 1 866 467 8730 7AM 7PM CST. We look forward to being of service to you. Form 100722 11th Rev. Printed in U.S.A. | 2 |
An Important Message to HARTFORD COMMERCIAL PROPERTY AND CASUALTY POLICY HOLDERS The Florida Tort Reform and Insurance Action of 1986 provides that as a commercial property or casualty policyholder you be notified of the availability of our risk management program services. Use the convenient tear out form attached to this leaflet to let us know what assistance you need. Importance of Risk Management An effective Risk Management program is a matter of good business practice. Its primary goal is to minimize the potential costs resulting from accidental losses. A Risk Management program is a systematic process aimed at identifying and analyzing loss exposures selecting the technique or combination of techniques to be used to handle each exposure implementing the techniques chosen and monitoring the results to determine if adjustments need to be made. An effective Risk Management Program can have a measurable and favorable impact on your operations control and what it costs you to do business. While Risk Management costs may sometimes seem expensive the benefits of control over operating and other costs can more than offset that expense and result in overall savings. Services Available The Hartford working through its independent agents makes consultative services available to assist its customers in the following risk management areas o Pollution and Environmental Hazards o Disease hazards o Accidental Occurrences o Fire Hazards and Fire Prevention and Detection o Liability for Acts Committed in the Course of Business o Slip and Fall Hazards o Product Hazards o Hazards Unique to a Particular Class or Category of Business o Training in Safety Management Techniques o Safety Management Counseling No charge will be made for the development of risk management guidelines or services however the policyholder is responsible for all costs associated with the implementation of the risk management measures. To The Hartford Loss Control Department Yes am interested in obtaining assistance in the areas indicated below Administrative Guidelines on developing a Risk Management Plan Safe workplace enforcement Safe workplace responsibilities Accident analysis and investigation Safety committees Safety self inspection Establishing a loss control program Detach at Perforation Fire Prevention and Detection Fire hazards identification Fire emergency plan Fire extinguishers Standpipes and hoses Automatic sprinkler protection Fire alarms Smoke detectors Compressed gas equipment Compressed gases Liquified petroleum gas Flammable liquids Environmental and Pollution Pollution hazard identification Slip and Fall Hazards Hazard Identification Incident and accident analysis Accident investigation Product Hazards Hazard identification Review of existing product hazards program Assistance in organizing a product loss control program Environmental and Pollution Pollution hazard identification Slip and Fall Hazards Hazard Identification Incident and accident analysis Accident investigation Product Hazards Hazard identification Review of existing product hazards program Assistance in organizing a product loss control program 102100 REV2 Printed in U.S.A. 1998 The Hartford Hartford CT 06115 | 2 |
Disease hazards Accidental occurrences Construction site hazards Construction equipment hazards Material handiing Detach at Perforation Hoisting equipment Warning signs Safety materials Training Supervisor training in loss control Loss control manager training Other Driver education Safety management counseling General Disease hazards Accidental occurrences Construction site hazards Construction equipment hazards Material handiing Name Hoisting equipment Driver education Warning signs Safety management counseling Safety materials Other Training Supervisor training in loss control Loss control manager training Company Address Zip Code City State Telephone Agent s Name Policy Expiration Date 102100 REV2 Printed in U.S.A. 1998 The Hartford Hartford CT 06115 Driver education Safety management counseling Other | 2 |
Umbrella Liability Business Insurance Policy THE HARTFORD Form XL 00 07 03 14 Page 1 of 1 | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period Limits of Insurance Premium Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under SECTION 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE A NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Changes Inspection and Audit Separation of Insureds Duties in the Event of Occurrence Claim or Suit Maintenance of Underlying Insurance Assistance and Cooperation of the Insured Cancellation Non Renewal Legal Action Against Us Appeals Other Insurance Transfer of Rights of Recovery Against Others to Us Workers Compensation Agreement Bankruptcy or Insolvency Representations IeoTmoo py nozgrxe In Witness Whereof our President and a Secretary have signed this policy. Where required by law the declarations page has been countersigned by our duly authorized representative. Sz Lisa Levin Secretary Donfhn ThLrt Douglas Eliot President Form XL 70 00 12 06 | 2 |
Tue g HARTFORD UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 POLICY NUMBER 37 XHU 2G4396 K3 Items 1. Named Insured and Mailing Address OB MANAGEMENT SERVICES INC SEE IH1204 7932 W SANDLAKE RD STE 108 ORLANDO FL 32819 ORANGE COUNTY 2. Policy Period From 070116 To 070117 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 3788.00 PREMIUM BASIS RATE PER 5. Premium 6. Self Insured Retention 7. Limits of Insurance 10000 each occurrence The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile Products Completed Operations Aggregate Limit Bodily Injury By Disease Aggregate Limit Each Occurrence Limit 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations b The Schedule of Underlying Insurance Policies 00050502 c d The Policy Provisions XLk00030605 The Policy Cover 100070314 e Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 X1.04151088 X1L21771210 X123470709 IH09850115 X1.00240914 X1L21820393 X1L24011210 IH12040312 XL21040786 XL23170204 XL24331210 IH99400409 X1L21050786 X1L23251210 X1.24581210 IH99410409 XL21130914 XL23300115 XL24601209 XL02100911 X1L21320914 X123401203 5000000 5000000 EXCLUDED 5000000. Swonrn Laothneata Countersigned by Where required by law Authorized Representative 072016 Date Form XL 00 01 01 07 | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 xHU 2G4396 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address OB MANAGEMENT SERVICES INC SEE IH1204 7932 W SANDLAKE RD STE 108 ORLANDO FL 32819 ORANGE COUNTY Insurer Policy Number and Period Type of Coverage Applicable Limits A Insurer Policy Number and Period R Employers Liability EXCLUDED Bodily Injury Limit Each accident by accident Policy limit by disease Each employee by disease SENTINEL INSURANCE COMPANY LIMITED B 37 UUN P0O8078 070116 TO 070117 Commercial Auf Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident OWNED AUTO HARTFORD FIRE INSURANCE COMPANY 37 UUN P0O8078 070116 TO 070117 Commerci Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 XHU ZG4396 Insurer Policy Number and Period Type of Coverage D Other Specify HARTFORD FIRE INSURANCE COMPANY 37 UUN PO8078 070116 TO 070117 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section I INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that is 1 Lessthan 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14 15. 16. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Avrising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 11. 12. 13. b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company. Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security 20. 21 Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities s Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest Stunting activity or Preparation for any such contest or activity. Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Wil pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION lll WHO IS AN INSURED If you are doing business as A. 1. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insure Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. Form XL 00 03 06 05 Page 7 of 14 | 1 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.