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Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site 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. This hazard does not include bodily injury or property damage arising out of a. b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. 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 Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in ltem 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1 Products Completed Operations Aggregate Retained Amount 1 Other Aggregate Retained Amount 1 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. taLLL AL LB L1 A3 Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 C CW 0108 Page 10f 2 | 2 |
2. Inthose circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds c. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work Costs taxed against the insured in the suit Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and f. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. 3. Inthose circumstances where paragraph B.1. of this endorsement does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of paragraph B.1. of this endorsement we will pay any expense incurred with our consent.. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement.. As used in this endorsement 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 pursuant to the federal Terrorism Risk Insurance Act TRIA. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000.. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 C CW 0108 Page 20f 2 | 2 |
Conditional Terrorism Retained Amount Provisions Relating to Disposition of Federal Terrorism Risk Insurance Act Coverage B Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1 Products Completed Operations Aggregate Retained Amount 1 Other Aggregate Retained Amount 1 A. Applicability of the Provisions of this Endorsement 1. The provisions of this endorsement become applicable commencing on the date when one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this policy or b. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made coverage such an endorsement is superseded only with respect to an U UMB503 C CW 0813 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. b. incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following additional provisions apply to Coverage B of this policy as respects any liability damage loss cost or expense caused directly or indirectly by terrorism including any action taken in hindering or defending against an actual or expected incident of terrorism The retained amounts apply in place of the Coverage B retained limit specified in Item 5. of the Declarations and are the only retained amount that apply to any loss claim or suit arising from an incident of terrorism. These provisions do not apply to any other loss claim or suit that does not involve an incident of terrorism and is subject to the applicable Coverage B retained limit. The specific retained amounts applying to an incidents of terrorism are as follows 1. b. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. SECTION lIl. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects the coverage provided by this endorsement is replaced with the following We have the right and duty to assume control of the investigation settlement or defense of any claim or suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. In those circumstances where paragraph B.2.a. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance 1 Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds 2 The cost of bonds to release attachments but only for bond amounts within the amount of insurance. We do not have to furnish these bonds 3 Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work 4 Costs taxed against the insured in the suit 5 Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and 6 All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. In those circumstances where paragraph B.2.a. of this endorsement does not apply we do not have the duty to assume control of the investigation settlement or defense of any claim or suit against the insured. We do however have the right to participate in the investigation settlement or defense of any claim or suit that we feel may create liability on our part under the terms of this endorsement. If we exercise this right we will do s0 at our expense. U UMB503 C CW 0813 Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d. We will not defend any suit after we have exhausted the applicable Limit of Insurance as stated in ltem 4. of the Declarations. 3. The following provision is added to SECTION V1. CONDITIONS Notice of Occurrence Claim or Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Terrorism Retained Amount Schedule of this endorsement. 4. The following definitions are added to SECTION V.C. DEFINITIONS 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 pursuant to the federal Terrorism Risk Insurance Act TRIA. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1 To be an act of terrorism 2 To be a violent act or an act that is dangerous to human life property or infrastructure 3 To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4 To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Terrorism means activities against persons organizations or property of any nature a. Thatinvolve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. Retained amount means the amount of damages for which the insured is responsible as shown in the Terrorism Retained Amount Schedule of this endorsement or the amount payable by other insurance whichever is greater. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB503 C CW 0813 Page 3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 02 Z ZURICH Care Custody Or Control Exclusion Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1 | 2 |
Endorsement 03 Z ZURICH Employee Benefits Liability Exclusion Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense imposed on any insured as a Fiduciary Administrator or other party in interest arising out of any Employee Benefits Program record handling in connection with any Employee Benefits Program or effecting or terminating any employee s participation in any plan included in any Employee Benefits Program. As used in this endorsement Employee Benefits Program means any group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits and any other similar plans. U UMB166 B CW 0703 Page 1 of 1 | 2 |
Endorsement 04 Z ZURICH Owned Auto Exclusion Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the ownership use maintenance repair operation loading or unloading of any auto owned by any insured. U UMB213 A CW 0799 Page 1 of 1 | 2 |
Endorsement 05 Z ZURICH Fungus or Bacteria Exclusion Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Spores means reproductive bodies produced by or arising out of fungi. This exclusion does not apply to any fungi or bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U UMB385 B CW 0703 Page 1 of 1 | 2 |
Endorsement 06 Z ZURICH Liquor Liability Endorsement Occurrence Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. The Schedule of Underlying Insurance is amended to include the policy for Commercial Umbrella Liability Policy listed below Company Zurich American Insurance Company Policy Number TBD Policy Period From 01012015 To 01012016 Limits of Insurance 1000000 Each Occurrence 1000000 Aggregate B. With respect to claims for Commercial Umbrella Liability Policy the Limits of Insurance are as follows 1000000 Each Occurrence 1000000 Aggregate This limit is part of and not in addition to the limits shown on the Declarations. C. lItis agreed that the underlying aggregate limits of liability as stated above shall be unimpaired at the effective date of this policy and for the purpose of the insurance provided by this policy only an incident giving rise to an injury occurring during the policy period in the coverage territory shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB708 A 0810 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Cap on Losses From Certified Acts of Terrorism Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses 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 pursuant to the federal Terrorism Risk Insurance Act TRIA. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. to have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. U GU767 A CW 0108 Page 1 of 1 | 2 |
Z ZURICH Nebraska Changes Eff. Date of End. Producer Add Prem. Return Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. AUC 0086377 00 01012015 01012016 01012015 28832000 JEE JEE Producer Named Insured Mailing Address NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION VI. CONDITIONS A. 2. Audit of Books and Records is deleted and replaced with the following 2. Audit of Books and Records a. Except as provided in b. below we may examine and audit your books and records as they relate to this insurance at any time during the policy period and up to three years afterward. b. Any audit conducted to determine the premium due or to be refunded must be completed within 180 days after 1 The expiration date of this policy or 2 The anniversary date if this is a continuous policy or a policy written for a term longer than one year unless you agree in writing to extend the audit period. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB304 B NE 0410 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 07 Exclusion Recording And Distribution Of Material Or B Information In Violation Of Law ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 08 Z Umbrella Amendatory Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0086377 00 01012015 01012016 01012015 28832000 Named Insured and Mailing Address Producer NORTH FORTY GOLF LLC DBA ASHLAND GOLF CLUB 16119 HIGHWAY 6 ASHLAND NE 68003 2337 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following 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 C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF o DECLARATIONS o ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF o ONE OR MORE COVERAGE FORMS o APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. President and Chief Executive Officer Secretary QQ e AGR DS 1003 09 11 Page 1 of 1 | 2 |
Allianz Global Risks US Insurance Company Hereinafter called the Company 225 W. Washington St. Suite 1800 Chicago IL 60606 Commercial Umbrella Liability Declarations Policy NO. ULA 2004744 Producer ITIIJED SMA Solar Technology America LLC Lockton Comparies LLC INSURED 444 W 47th St 900 AND 3801 Havana Street Kansas City MO 64112 1906 MAILING ADDRESS Denver CO 80239 Item 2. Policy Period From January 01 2014 To January 01 2015 1201 AM. Standard Time at the Address of the Named Insured shown above. At Item 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy are A S 9000000 Each Occurrence B. 9000000 General Aggregate in accordance with Section Ill Limits of Insurance. 9000000 progycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 10000 seif Insured Retention Item 4. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 50594 50 594 Certified Terrorism Flat 1000 1000 Rate Per Flat Flat Advance Premium 50594 1000 Minimum Premium 50 594 1000 Item 5. Endorsements Forms and Endorsements applying to this coverage and made a part of this policy at time of issue. Per Forms and Endorsement List Countersigned by Authorized Representative Date AGR CU 1001 01 04 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED SMA Solar Technology America LLC POLICY NUMBER ULA 2004744 EFFECTIVE DATE 112014 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice OFAC Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Intercompany Products Suits Exclusion Mining Operations Exclusion Professional Liability Exclusion Electromagnetic Radiation Exclusion Railroad Liability Exclusion Tobacco and Tobacco Products Exclusion Fungi or Bacteria Exclusion Offshore Risks Exclusion Lead Silica or Silica Related Dust Exclusion Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism Employee Benefits Liability Following Form Endorsement C M Version Named Peril Pollution Endorsement Named Insured Endorsement California Privacy and Security Statement FORM NUMBER AGR IL 8003 01 05 AGR CU 2001 07 11 AGR CU 1501 02 13 AGR CU 5003 01 04 AGR CU 5008 01 04 AGR CU 5010 01 04 AGR CU 5019 01 04 AGR CU 5025 06 04 AGR CU 5026 01 04 AGR CU 5031 01 04 AGR CU 5032 01 04 AGR CU 5036 01 04 AGR CU 5038 06 05 AGR CU 5043 07 11 AGR CU 4001 07 11 AGR CU 4502 07 11 AGR IL M001 11 03 AGRL IL 8CA112 07 EDITION DATE 012005 072011 022013 012004 012004 012004 012004 062004 012004 012004 012004 012004 062005 072011 072011 072011 112003 122007 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Allianz COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section IV Definitions. In consideration of the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. SECTION COVERAGE A. We will pay on behalf of the insured those sums in excess of the Retained Limit that the insured becomes legally obligated to pay as damages by reason of liability imposed by law or assumed by the insured under an insured contract because of bodily injury property damage personal injury or advertising injury to which this insurance applies. However 1. The amount we will pay for damages is limited as described in Section Ill Limits of Insurance and 2. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il Defense. B. This policy applies to bodily injury or property damage only if 1. The bodily injury or property damage is caused by an occurrence that takes place anywhere in the world The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 2. of the definition of 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. C. This policy applies to personal injury or advertising injury only if 1. The personal injury or advertising injury is caused by an offense arising out of your business and 2. The personal injury or advertising injury is committed during the policy period and takes place anywhere in the world. D. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. E. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim AGR CU 2001 07 11 Page 1 of 20 | 0 |
Allianz 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injuryinclude damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. If we are prevented by law or otherwise from paying such sums on the insured s the insured for such sums that we would otherwise have been obligated to pay. behalf we will reimburse SECTION Il DEFENSE A. Duty to Defend 1. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance applies even if the suit is groundless false or fraudulent a. When all applicable limits of scheduled underlying insurance have been exhausted by payment of damages to which this insurance applies or b. When damages sought for bodily injury property damage personal injury or advertising injury are covered by this policy but are not covered by any scheduled underlying insurance. When we have the duty to defend we will have the right to investigate the occurrence and settle any resultant claim or suit. In the event of bankruptcy or insolvency of an insurer of the scheduled underlying insurance our defense obligations will apply as if such insurance were in full effect. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. Our duty to defend ends when we have used up the applicable Limits of Insurance in the payment of judgments or settlements. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance does not apply. When we have no duty to defend we will have the right to participate in the defense of the insured against any suit seeking damages to which this insurance may apply. When we have no duty to defend the insured but elect to participate in the defense we will pay our own expenses. However we will not contribute to the payment of expenses of the insured or an insurer of scheduled underlying insurance nor contribute to Supplementary Payments items 1.b. through 1.g. below. B. Supplementary Payments 1. If we assume the defense of any suit against an insured that seeks damages covered by this policy we will pay in addition to the applicable Limits of Insurance a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. c. The cost of appeal bonds required by law to appeal a judgment in any suit we defend but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. AGR CU 2001 07 11 Page 2 of 20 Page 2 of 20 | 1 |
Allianz e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on our portion of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance. These payments will not reduce the Limits of Insurance. 2. We will not contribute to the expenses of an insurer of scheduled underlying insurance. SECTION Il LIMITS OF INSURANCE. 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 suits brought or number of vehicles involved 3. Persons or organizations making claims or bringing suits or 4. Coverages provided under this policy.. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance.. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard.. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence.. The Aggregate Limits of this policy as described in Paragraphs B. and C. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If the applicable limits of insurance of the scheduled underlying insurance are reduced or exhausted by payment of damages for occurrences to which this insurance applies we will 1. Inthe event of reduction pay in excess of the reduced underlying limits of insurance or 2. In the event of exhaustion continue in force as the applicable policy of scheduled underlying insurance subject to the terms and conditions of this policy.. We will be liable only for that portion of damages in excess of the Retained Limit. AGR CU 2001 07 11 Page 3 of 20 | 1 |
Allianz SECTION IV DEFINITIONS Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury means injury other than bodily injury or personal injury arising solely out of your advertising activities as a result of one or more of the following offenses 1. 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 2. Oral or written publication in any manner of material that violates a person s right of privacy 3. The use of another s advertising idea in your advertisement or 4. Infringing upon another s copyright trade dress or slogan in your advertisement. 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. Bodily injury means bodily injury sickness disability or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes humiliation shock mental anguish or other mental injury resulting from bodily injury. Covered auto means only those autos to which scheduled underlying insurance applies. 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 devises or any other media which are used with electronically controlled equipment.. Employee means a person working for you for remuneration. Employee includes a Leased Worker but employee does not include a Temporary Worker. For the purposes of this insurance 1. A Leased Worker is a person other than a Temporary Worker leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business and 2. A Temporary Worker is a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. AGR CU 2001 07 11 Page 4 of 20 | 1 |
Allianz J. Insured means 1. The Named Insured 2. Ifyouare b. e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 3. Each of the following b. e. Your volunteer workers but only while performing duties related to the conduct of your business and Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However none of these volunteer workers or employees are insureds for bodily injury or personal injury 1 To you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company or 2 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 a immediately preceding Any person other than your employee or volunteer worker or any organization while acting as your real estate manager Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability 5. Any person or organization other than a Named Insured included as an additional insured in any scheduled underlying insurance however Coverage provided by this insurance will not be broader than coverage provided to such person or organization by the scheduled underlying insurance and AGR CU 2001 07 11 Page 5 of 20 Page 5 of 20 | 1 |
Allianz b. If coverage is required by contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any scheduled underlying insurance not to exceed the available limits afforded by Section Il Limits of Insurance. 6. Notwithstanding any of the above a. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a named insured in Item 1 of the Declarations and b. No person or organization is an insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph M. 3. Insured Contract means that part of any contract or agreement under which you assume the tort liability of another party to pay for bodily injury property damage personal injury or advertising injury to a third person or organization provided the contract or agreement 1. Pertains to your business and 2. s executed prior to the occurrence causing the injury or damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include any contract or statement 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 roadbeds tunnel underpass or crossing 2. That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2. above or supervisory inspection architectural or engineering activities. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers AGR CU 2001 07 11 Page 6 of 20 | 1 |
Allianz 6. Vehicles not described in 1. 2. 3. or 4. 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 a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street Cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. M. Named insured means 1. The first person or organization designated in Item 1. of the Declarations the first named insured 2. Any other person or organization designated in Item 1. of the Declarations and 3. Each of the following with respect to any person or organization designated in Item 1. of the Declarations a. Any organization that is a subsidiary as of the effective date of this policy b. Any organization over which ownership or majority interest is maintained as of the effective date of this policy and c. Any organization that is newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which ownership or majority interest is maintained. However 1 This insurance does not apply to bodily injury property damage personal injury or advertising injury that occurred before the organization was acquired or formed 2 The first named insured agrees to give us prompt notice that the organization has been acquired or formed and 3 We may charge an additional premium for insuring the organization. You agree that any organization to which paragraph 3. above applies will be required to be included as an insured under applicable scheduled underlying insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an insured under the highest applicable limit of scheduled underlying insurance. N. Occurrence 1. With respect to bodily injury and property damage occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. 2. With respect to personal injury occurrence means a covered offense that arises out of your business. All injury that arises from the same or related material or offense shall be considered as arising out of AGR CU 2001 07 11 Page 7 of 20 | 1 |
Allianz one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 3. With respect to advertising injury occurrence means a covered offense committed in the course of advertising your goods products or services. All injury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 0. Other insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance or any policy of insurance specifically purchased to be excess of this policy affording coverage this policy also affords. P. Personal injury means injury other than advertising injury or bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. 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 5. Oral or written publication in any manner of material that violates a person s right of privacy. Q. Policy period means the period of time from the inception date of this policy shown in the Declarations and the expiration date shown in the Declarations or the effective date of termination of this policy. R. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your 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 your contract has been completed. 2 When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. S. Property damage means 1. 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 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. AGR CU 2001 07 11 Page 8 of 20 Page 8 of 20 | 1 |
Allianz For the purposes of this insurance Electronic Data is not tangible property. Retained limit means 1. The total applicable limits of scheduled underlying insurance and any applicable Other Insurance providing coverage to the Insured or 2. The dollar amount listed in the Declarations as Self Insured Retention which applies separately to each occurrence that results in damages not covered by any scheduled underlying insurance. Scheduled underlying insurance means an insurance policy or self insured retentions listed in the Schedule of Underlying Insurance forming a part of this policy including any renewals or replacements thereof. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceedings in which such damages are claimed and to which the insured submits with our consent.. Volunteer worker means a person who 1. s not your employee 2. Donates his or her work 3. Acts at the direction of and within the scope of duties determined by you and 4. Is not paid a fee salary or other compensation by you or anyone else for his or her work performed for you. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and AGR CU 2001 07 11 Page 9 of 20 | 1 |
Allianz b. The providing of or failure to provide warnings or instructions. SECTION V EXCLUSIONS Wials N V RAVLRVIIVITY This insurance does not apply to A. Workers Compensation and Similar Laws 1. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. B. E.R.LS.A. 1. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A. and any amendments thereto or any similar law. C. Auto Coverages 1. 2. Bodily injury or property damage arising out of the ownership maintenance or use of any auto that is not a covered auto or Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage uninsured or underinsured motorist law or any similar law. D. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1. 3. and 4. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer days. Paragraph 2. of this exclusion does not apply if the premises are your work and were never occupied or rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a side track agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. E. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. A defect deficiency inadequacy or dangerous condition in your product or your work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. AGR CU 2001 07 11 Page 10 of 20 Page 10 of 20 | 1 |
Allianz This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To 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. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Liability of Employees and Volunteer Workers Liability of 1. Any of your employees with respect to bodily injury or personal injury to a. A coemployee while in the course of his or her employment or b. A coemployee or any of your volunteer workers while performing duties related to the conduct of your business 2. Any of your volunteer workers with respect to bodily injury or personal injury to a. Any of your employees while in the course of his or her employment or b. Any of your employees or other volunteer workers while performing duties related to the conduct of your business. This exclusion applies to 1. Bodily injury or personal injury to the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraphs I.1. or I.2.above and 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee and volunteer workers liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft or Watercraft 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented to or loaned to any insured. Use of an aircraft or watercraft includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use of AGR CU 2001 07 11 Page 11 of 20 | 1 |
K. Allianz entrustment to others of any watercraft or any aircraft that is owned or operated by or rented to or loaned to any insured. 2. This exclusion does not apply to bodily injury or property damage arising from a. An aircraft that you do not own that is chartered by loaned to or hired by you with a crew or b. A watercraft while ashore on premises you own or rent or c. A watercraft you do not own that is less than 26 feet long and not being used to carry persons or property for a charge or d. Other aircraft or watercraft owned by operated by maintained by used by rented to loaned to or otherwise entrusted to any insured to the extent that valid scheduled underlying insurance for such risks exists or would have existed but for the exhaustion of applicable limits of insurance. Electronic Chatrooms Bulletin Boards or Electronic Data 1. Personal Injury or advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 2. Damages arising out of the loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Insureds in Media and Internet Type Businesses Personal injury or advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. This exclusion does not apply to Paragraphs 1. 2. and 3. of the definition of personal injury. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Personal Injury and Advertising Injury Exclusions Personal Injury or Advertising injury 1. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement or 2. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement or 3. Arising out of the wrong description of the price of goods products or services stated in your advertisement or 4. Caused by or at the direction of the insured with the knowledge that the act would violate the rights or another and would inflict personal injury or advertising injury or 5. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge or its falsity or 6. Arising out of the oral or written publication of material whose first publication took place before the beginning of the policy period or 7. Arising out of a criminal act committed by or at the direction of the insured. Pollution 1. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants at any time anywhere in the world. AGR CU 2001 07 11 Page 12 of 20 Page 12 of 20 | 1 |
Allianz 2. Any loss cost or expense arising out of any 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 3. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. This exclusion does not apply to bodily injury property damage or personal injury 1. Arising out of heat smoke or fumes from a Hostile Fire 2. Arising out of the upset overturn or collision of mobile equipment or a covered auto or 3. Included in the products completed operations hazard to the extent that valid scheduled underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. As used in this exclusion 1. A Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be and 2. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and Waste. Waste includes materials to be recycled reconditioned or reclaimed. War Bodily injury property damage or indirectly out of personal injury or advertising injury however caused arising directly 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Expected or Intended Injury or Damage 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. Asbestos 1. Bodily injury property damage personal injury or advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the insured to indemnify any party because of damages arising out of such bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 3. Any obligation to defend any suit or claim against the insured alleging bodily injury property damage personal injury or advertising injury and seeking damages if such suit or claim arises from bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Related Practices Bodily injury or personal injury to AGR CU 2001 07 11 Page 13 of 20 Page 13 of 20 | 1 |
Allianz 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of injury to that person at whom any of the employment related practices described in Paragraphs a. b. or c. above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. S. Securities and Financial Instruments Bodily injury property damage personal injury or advertising injury arising out of or by reason of The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. 2. 3. Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent that valid scheduled underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft Products and Grounding Bodily injury or property damage arising out of Aircraft Products or Grounding. As used in this exclusion 1. 2. Aircraft Products means any aircraft including missiles spacecraft satellites and any ground control or support equipment intended for use in connection therewith and any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft and Grounding means the withdrawal of any aircraft from service or the imposition of any restrictions on the use of any aircraft arising out of Aircraft Products. Nuclear Energy Liability 1. 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 AGR CU 2001 07 11 Page 14 of 20 | 1 |
Allianz Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Bodily injury or property damage resulting from Hazardous Properties of Nuclear Material if b. The Nuclear Material 1 is at any Nuclear Facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom 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 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. 3. Asused in this exclusion a. b. h. Hazardous Properties includes radioactive toxic or explosive properties. Nuclear Material means Source Material Special Nuclear Material or By Product Material. Source Material Special Nuclear Material and By Product Material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent Fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a Nuclear Reactor. Waste means any waste material 1 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 2 resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs of the definition of Nuclear Facility. Nuclear Facility means 1 Any Nuclear Reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing Spent Fuel or c handling processing or packaging Waste 3 Any equipment or device used for the processing fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 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. W. Contractual Liability 1. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages AGR CU 2001 07 11 Page 15 of 20 | 1 |
Allianz a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. 2. Personal injury or advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal injury andor advertising injury tales place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. Violation of Statutes Governing Communications or Information Bodily injury property damage personal injury or advertising injury arising out of any action or omission that violates any statute ordinance or regulation or any federal state province or local or other governmental body including any amendments or additions to such laws that prohibits or limits the sending disposal collecting recording transmitting communicating or distribution of material or information. Infringement of Copyright Patent Trademark or Trade Secret Personal injury or advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Unauthorized Use of Another s Name or Product Personal Injury or advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. SECTION VI CONDITIONS A. Appeals 1. If the insured or the insured s insurer elects not to appeal a judgment in excess of the Retained Limit as defined in Section IV Definitions we may do so at our own expense. We will be liable for taxable costs pre judgment and postjudgment interest and disbursements. B. Bankruptcy 1. Bankruptcy or Insolvency of Insured AGR CU 2001 07 11 Page 16 of 20 Page 16 of 20 | 1 |
Allianz Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. Bankruptcy or Insolvency of Insurers Bankruptcy or insolvency of any insurer will not relieve us of our obligations under this policy. However this insurance will not replace any scheduled underlying insurance in the event of bankruptcy or insolvency of the insurer. This insurance will apply as if the scheduled underlying insurance were in full effect. C. Cancellation 1. The first named insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 90 days before the effective date of cancellation if we cancel for any other reason. If this policy is in effect for more than 60 days our reasons for cancellation other than cancellation for nonpayment of premium will be limited to those reasons permitted by the laws or statutes of the jurisdiction governing the cancellation of this policy. 3. We will mail or deliver our notice to the first named insured s mailing address shown in Item 1 of the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Notice of cancellation will state the effective date and time of cancellation. The policy period will end on that date and time. 5. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due. Our check or our representative s check mailed and delivered will be sufficient tender of any refund due you. 7. This condition is amended where necessary to comply with the applicable state law regarding Cancellation. D. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. E. Duties in the Event of Occurrence Claim or Suit 1. 3. You must see to it that we are notified as soon as practicable of an occurrence regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Record the specifics of the claim or suit and the date received and b. See to it that we receive written notice of the claim or suit as soon as practicable including other materials and information in your possession pertinent and relevant to the claim or suit. You and any other involved insured must AGR CU 2001 07 11 Page 17 of 20 Page 17 of 20 | 1 |
Allianz a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of insurance. Inspections and Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. Legal Action Against Us No person or organization has a right under this policy 1. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy unless all of its terms have been fully complied with. Loss Payable 1. Liability under this policy shall not apply unless and until the insured or the insured s insurer has become obligated to pay the Retained Limit as defined in Section IV Definitions. 2. When the amount of damages has been finally determined we will promptly pay the amount of damages falling within the terms of this policy. 3. We may pay all or part of the dollar amount listed in the Declarations as Self Insured Retention to effect settlement of any claim or suit. Upon notification of the action taken you shall promptly reimburse us for such payment. Maintenance of Underlying Insurance 1. During the period of this policy you agree that AGR CU 2001 07 11 Page 18 of 20 Page 18 of 20 | 1 |
Allianz a. The scheduled underlying insurance will be maintained in full effect except for any renewal or replacement policies that provide equivalent coverage b. The terms and conditions of the scheduled underlying insurance will not materially change and c. The limits of insurance of the scheduled underlying insurance will not change except for any reduction or exhaustion of aggregate limits due to payments for occurrences to which this insurance applies. Failure to comply with these requirements will not invalidate this insurance. However this insurance will apply to the same extent it would have applied had there been full compliance with these requirements. 2. You agree to notify us as soon as practicable when a. Any insurance policy listed in the Schedule of Underlying Insurance is no longer in effect or b. The terms of any such policy change. Other Insurance If valid and collectible insurance applies to damages that are also covered by this policy this policy will apply as excess of the other insurance and will not contribute with the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. M. Premiums and Audit 1. 4. The first named insured a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. We will compute all premiums for this policy in accordance with our rules and rates. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to any applicable minimum premium. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. N. Representations or Fraud By accepting this policy you agree 1. 2. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us We have issued this policy in reliance upon your representations and This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 0. 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. 2. As if each named insured were the only named insured and Separately to each insured against whom claim is made or suit is brought. P. Transfer of Rights of Recovery Against Others to Us AGR CU 2001 07 11 Page 19 of 20 | 1 |
Allianz 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If prior to the time of an occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Under This policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Unintentional Failure to Disclose If you unintentionally fail to disclose all hazards existing at the inception date of this policy we will not deny coverage because of such failure. However this does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding nonrenewal. AGR CU 2001 07 11 Page 20 of 20 | 1 |
Allianz Global Risks SCHEDULE OF UNDERLYING INSURANCE It is agreed that this policy is excess over all insurance policies or self insured retentions including and any renewal or replacements thereof as scheduled below. Insurer Policy Number Policy Period Coverages Limits Co Allianz Global Risks US Insurance Company Policy CGL 2004743 Policy Period 01012014 01012015 Commercial General Liability including Products Completed Operations Employee Benefits Liability Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Each Employee 1000000 Aggregate 1000000 Co Hartford Fire Insurance Company Policy 37 UEN KW 7927 Policy Period 020114 020115 Commercial Automobile Liability Bodily Injury or Property Damage Liability Combined Single Limit 1000000 Co The Hartford Policy 37 WE BP5106 Policy Period 02012014 02012015 Employers Liability Coverage B Employers Liability Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit Injury Limit olicy CL 264743 olicy Period 01012014 1012015 ompleted Operations ability olicy 37 WE BP5106 olicy Period 02012014 2012015 AGR CU 1501 02 13 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION INTERCOMPANY PRODUCTS SUITS This insurance does not apply to any claim for damages by any named insured against another named insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. All other terms and conditions remain unchanged. AGR CU 5003 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION MINING OPERATIONS This insurance does not apply to any liability arising out of mining operations conducted at any location. All other terms and conditions remain unchanged. AGR CU 5008 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage arising out of the rendering or failure to render any professional services. personal injury or advertising injury All other terms and conditions remain unchanged. AGR CU 5010 01 04 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2004744 Effective Date January 01 2014 EXCLUSION ELECTROMAGNETIC RADIATION This insurance does not apply to bodily injury property damage personal injury or advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices. All other terms and conditions remain unchanged. AGR CU 5019 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION RAILROAD LIABILITY This insurance does not apply to bodily injury property damage or personal injury or advertising injury arising out of the ownership or operation of any railroad. This exclusion applies only if you are in the business of operating a railroad. All other terms and conditions remain unchanged. AGR CU 5025 06 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco Products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR CU 5026 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUNGI OR BACTERIA This insurance does not apply to 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage 2. Personal injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or 3. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Paragraph 1. of this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. For the purposes of this exclusion fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. AGR CU 5031 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION OFFSHORE RISKS 1. This insurance does not apply to a. Bodily injury property damage personal injury or advertising injury arising out of the engineering manufacture construction delivery transport maintenance servicing operation disassembly or demolition of offshore risks b. Bodily injury property damage personal injury or advertising injury arising out of 1 Your products that are a Specifically designed to be used in connection with offshore risks or b Sold or delivered to offshore risks with your knowledge or 2 Your work that involves the installation maintenance or servicing of any of your products described in Paragraph b.1 above c. Any obligation arising out of offshore risks for which the insured may be liable under the following United States laws and acts including any amendments thereto the Jones Act 46 USC 688 the Death on the High Seas ActAct March 30 1920 chapter 111 the United States Longshore and Harbor Workers Compensation Act 33 USC sections 901 950 the Outer Continental Shelf Lands Act 43 USC sections 1331 1356 or under any similar law or act of the United States of America or of any other country in the world or d. Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business in connection with offshore risks or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph d.1 above. Paragraph b. of this exclusion does not apply unless the gross annual sales from the described products and work exceed the lesser of 50000000 or 5 of the total annual sales of all insureds. Paragraph d. of this exclusion applies 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. 2. For the purposes of this exclusion offshore risks means any fixed or floating structures or any group of structures located off the coast anywhere in the world. Structures includes all associated components and equipment located in on or under water including but not limited to a. Fixed or mobile production facilities for the production of oil or gas b. Offshore drilling installations c. Offshore wind energy installations d. Underwater telecommunication or power lines and e. Underwater oil and gas pipes. All other terms and conditions remain unchanged. AGR CU 5032 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION LEAD This insurance does not apply to bodily injury property damage personal injury or advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. All other terms and conditions remain unchanged. AGR CU 5036 01 04 Page 1 of 1 | 2 |
Allianz Global Risks SILICA OR SILICA RELATED DUST EXCLUSION. The following exclusion is added to the Exclusions Section This insurance does not apply to Silica or Silica Related Dust a. Bodily injury property damage personal injury or advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity.. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain unchanged. AGR CU 5038 06 05 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2004744 Effective Date January 01 2014 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. AGR CU 5043 07 11 Page 10f2 Page 1 of 2 | 2 |
Allianz Global Risks B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal injury and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. 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 pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. All other terms and conditions remain unchanged. AGR CU 5043 07 11 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number ULA 2004744 Effective Date January 01 2014 EMPLOYEE BENEFITS LIABILITY FOLLOWING FORM ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A. The following exclusion is added to Section V EXCLUSIONS EMPLOYEE BENEFITS LIABILITY This insurance does not apply to any damages that the insured becomes legally obligated to pay by reason of any negligent act error or omission of the insured or of any other person for whom the insured is legally liable that is committed in the administration of your Employee Benefit Program. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee benefits liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. However 1. 2. Employee Benefits Liability coverage provided by this insurance will not be broader than coverage provided by the scheduled underlying insurance and This insurance applies to damages only if a. The act error or omission did not take place before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance nor after the end of our policy period and b. A claim for damages because of an act error or omission is first made against any insured during our policy period or an Extended Reporting Period if any provided by the Employee Benefits Liability Coverage of the scheduled underlying insurance. A claim seeking damages will be deemed to have been made at the times specified in the Employee Benefits Liability Coverage of the scheduled underlying insurance. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the scheduled underlying insurance subject to the limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by the Scheduled Underlying Insurance. B. For the purposes of this endorsement 1. Administration means the following to the extent authorized by you a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. AGR CU 4001 07 11 Page 1 of 2 | 2 |
Allianz Global Risks 2. Employee benefit program means Group Life Insurance Group Accident or Health Insurance Pension Plans Employee Stock Subscription Plans Worker s Compensation Unemployment Insurance Social Security and Disability Benefits. All other terms and conditions remain unchanged. AGR CU 4001 07 11 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number ULA 2004744 Effective Date January 01 2014 NAMED PERIL POLLUTION ENDORSEMENT 1. Amended Pollution Exclusion Exclusion N. Pollution is replaced by the following This insurance does not apply to N. Pollution 1. Bodily injury property damage or personal injury arising out of the actual or threatened discharge dispersal seepage migration release or escape of pollutants anywhere in the world 2. Any loss cost or expense arising out of any governmental direction or request that we the insured or any other person or organization test for monitor clean up remove contain treat detoxify neutralize or assess the effects of pollutants or 3. Any loss cost or expense including but not limited to costs of investigation or attorneys fees incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat detoxify or neutralize pollutants. As used in this exclusion pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste material. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. 2. Exceptions to the Pollution Exclusion Exclusion N. Pollution does not apply to bodily injury property damage or personal injury arising out of a. Any discharge dispersal seepage migration release or escape directly or indirectly caused by fire explosion lightning windstorm vandalism or malicious mischief riot and civil commotion flood earthquake automatic sprinkler leakage or the collision or upset of a motor vehicle railcar an aircraft or mobile equipment b. The products completed operations hazard. 3. Amendment of Defense Obligation For the purposes of the insurance provided by this endorsement a. Paragraph A.1.b. of Section Il Defense does not apply. b. We have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal injury that are covered by this endorsement but are not covered by any underlying insurance. However we will have the right to participate in the defense of the insured against any suit seeking such damages. 4. Amendment of Self Insured Retention For the purposes of the insurance provided by this endorsement the Self Insured Retention shown in Item 3. D. of the Declarations is amended to 1000000. All other terms and conditions remain unchanged. AGR CU 4502 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2004744 Effective Date January 01 2014 NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows SMA Solar Technology America LLC SMA America Inc. SMA America Production LLC SMA America Holdings LLC SMA Solar Technology AG for contracts signed with its US customers SMA Railway Technology GmbH for contracts signed with its US customers All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number ULA 2004744 Effective Date January 01 2014 Allianz Global Risks US Insurance Company Privacy and Security Statement Protecting you and your family from loss is important to Allianz Global Risks US Insurance Company AGRUS. Just as important to us is protecting your privacy and personal information. Our pledge to pro tect your privacy is reflected in our Privacy and Security Statement which outlines our principles for col lecting using and protecting your personal information. Our Privacy and Security Statement applies to all of the companies within the AGRUS family of compa nies that issue insurance policies. In most cases these companies use the same processing systems and employees to maintain your insurance coverage. The law allows us to share personal information among our insurance companies. The law does not allow customers to prevent these disclosures. A list of our companies can be found at the end of this notice. AGRUS does not sell your personal information to anyone. We do not share your personal information with anyone for their own marketing purposes. For this reason no opt in or authorization is required. We also do not share your personal information with any of our affiliated companies outside of the AGRUS family of in surance companies. Personal Information about You AGRUS collects AGRUS collects personal information about you so that we can process the insurance transactions you request. We limit the amount of personal information collected to what we feel is needed to maintain your account. We may collect your personal information from the following sources. From you either directly or through your agent. This may include information on your insurance application or other forms you may complete.. From others through the process of handling a claim. This may include information from med ical or accident reports.. From your relationship with us. Such as the number of years you have been a customer or the types of insurance products you purchased.. From a consumer reporting agency. Such as a credit or motor vehicle report. The information in these reports may be kept by the consumer reporting agency and shared with others. If you visit one of our websites we may use cookies small text files sent from our site to your hard drive. These cookies help us to recognize repeat visitors and allow easy access to and use of the site. We do not use cookies to gather personal information. The cookies only enable you to use our website more easily. Personal Information about You AGRUS Shares AGRUS does not share personal information about current or former customers to anyone except as allowed by law. Allowed by law means that we may share your personal information such as your name address and policy information as follows. To consumer reporting agencies to obtain a credit report or motor vehicle report. These re ports are used to determine eligibility for coverage or to process your requested transactions.. To your insurance agent so that they can perform services for you.. To medical professionals in order to process your claim.. To a state Department of Insurance in order to examine our records or business practices. AGRL IL 8CAT1 12 07 Page 10f2 | 2 |
Allianz. To a state or federal law enforcement agency as required by law or to report suspected fraud activities. To research groups to conduct studies on claims results. No individual is identified in any study or report. We advise the vendors with whom we legally share your personal information of our privacy policy. We make every effort to use vendors whose privacy policy reflects our own. AGRUS Policies and Practices Regarding Security of Personal Information AGRUS computer hardware and software tools to maintain physical and electronic safeguards. These safeguards comply with applicable federal and state regulations. We restrict access to personal in formation about you to those employees who need the information to service your policy. Fireman s Fund works hard to ensure that our websites are secure. We use state of the art technology to protect the personal information that may be shared over these sites. Your Ability to Access and Correct Your Personal Information If you wish to review your personal information please write to the address below. Provide your full name address and policy numbers. For your protection please have your request notarized. This will ensure the identity of the person requesting the information. Within 30 working days you may see and copy your information in person. If you prefer we will send you a copy of your information. You will not be given access to your information collected or in con nection with a claim or a civil or criminal proceeding. If medical information is contained in your file we may request that you name a medical professional to whom we will send the information. If you believe any of your information is incorrect notify us in writing at the address below. Within 30 working days we will let you know if our review has resulted in a correction of your information. If we do not believe there is an error you may file a statement disputing the information. We will attach the statement to your file. We will send any corrections we make or your statement to anyone we shared your information with over the past two years. And to anyone who may receive your information from us in the future. We do not control the information about you obtained from a consumer reporting agency or a Department of Motor Vehicle. We will provide you with the names and addresses of these agencies so that you can contact them directly. Notification of Change Your trust is one of our most important assets. If we revise our privacy practices in the future we will notify you prior to introducing any changes. For More Information or if You have Questions If you have further questions regarding our privacy policy you can contact us in a number of ways. You may call us at 1 888 466 7883 or you can write to us at Allianz Global Risks US Insurance Company Consumers Affairs 225 West Washington Street Suite 1800 Chicago IL 60606 AGRL IL 8CAT1 12 07 Page 2 of 2 | 2 |
Declarations ACE Umbrella Plus ace group Commercial Umbrella Liability Policy Policy Symbol XOO Previous Policy Symbol XOO Policy Number G27373938 Previous Policy Number G25916190 COVERAGE IS PROVIDED IN THE COMPANY SHOWN BELOW ACE Property and Casualty Insurance Company 436 Walnut Street Philadelphia PA 19106 Named Insured and Address Producer Name and Address Dillard s Inc. Lockton Companies LLC 1600 Cantrell Road 444 West 47th Street Suite 900 Little Rock AR 72201 Kansas City MO 64112 PRODUCER CODE 115579 Policy Period From 1282014 to 1282015 gfedefefiirfadafd Time at the Address of the Named Insured as Limits of Insurance 25000000 Each Occurrence 25000000 General Aggregate 25000000 Products Completed Operations Aggregate 50000 Self Insured Retention Annual Premium 645814 Premium 30753 Terrorism Premium included in Annual Premium State Surcharge 645814 Premium including all Surcharges and Assessments Policy Period Premium 645814 Premium 30753 Terrorism Premium included in Annual Premium 645814 Premium including all Surcharges and Assessments Schedule of Underlying Insurance Refer to the attached Schedule of Underlying Insurance which forms a part of this Policy s Declarations. Endorsements and Forms Refer to the attached Schedule of Endorsements for the forms and endorsements forming this policy at inception. ACE Prop Company atficid fHisUlicid alid AUl Toes illard s Inc. 500 Cantrell Road ttle Rock AR 72201 PUMULET INallle alil AldlTes ockton Companies LLC 44 West 47th Street Suite 900 ansas City MO 64112 i itieulativs 25000000 Each Occurrence 25000000 General Aggregate w ol Yo TEHVTSHIT PTEHIUH T GUASUA T Al ival Tretiidt harge v T At b 2009 Page 1 of 1 XS 22695a 0809 | 2 |
p grou e ac al Schedule of Forms and Endorsements NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc. X0O0 G27373938 1282014 1282015 Endorsement Form Number Title Number Edition Date XS9U57b 0809 Schedule of Underlying Insurance XS20835 0806 Commercial Umbrella Liability Policy ALL20887 1006 ACE Producer Compensation Practices Policies XS28500a 0813 ACE Group Specialty Claims Loss Notification Form IL P 001 0104 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice To Policyholders XS22552 0607 Catastrophe Management Policyholder Notice ALL2Y31a 0206 Arkansas Notice to Policyholders 1 CC1K11 g 0111 Signatures 2 XS20745 0806 Aircraft Products And Grounding Exclusion 3 XS20746 0806 Anti Stacking Endorsement 4 XS25998 1108 Auto Liability Follow Form Endorsement 5 XS23629 012008 Discrimination Follow Form Endorsement 6 XS20750 0806 Contractors Limitation Endorsement 7 XS20772 0806 Residential Stucco Eifs Exclusion Endorsement 8 XS20779 0806 Fungi Or Bacteria Exclusion 9 XS20782 0806 Cancellation Amendatory Endorsement 10 XS20796 0806 Cross Suits Exclusion 11 XS20803 0806 Earth Movement Exclusion 12 XS20819 0806 Professional Services Liability Exclusion Absolute 13 XS20827 0806 Unimpaired Aggregate Endorsement 14 XS20854 0806 Lead Exclusion 15 XS26431 0209 Silica or Silica Related Dust Exclusion 16 XS34018 0112 Unsolicited Communications Exclusion Amendment to Include FACTA PR Fu O YTbLoONO QN2 Ve 2009 XS27991 0809 Page 1 0of 2 | 2 |
p grou e C a Schedule of Forms and Endorsements NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc. X0O0 G27373938 1282014 1282015 Endorsement Form Number Title Number Edition Date 17 XS22088 0407 Catastrophe Management Coverage Endorsement 18 TRIA11b 0108 Disclosure Pursuant To Terrorism Risk Insurance Act 19 XS23669 0108 Cap On Losses From Certified Acts Of Terrorism 20 XS15921 0704 Arkansas Changes Cancellation Nonrenewal And State Required Conditions 21 XS23785 012008 Texas Employers Liability Endorsement 22 MS26179 1113 Industrial Aid Aircraft Endorsement Multiple Limits ne B 2009 XS27991 0809 Page 2 of 2 | 2 |
p grou e c a Schedule of Underlying Insurance NAMED INSURED POLICY NUMBER Dillard s Inc. XOO G27373938 Commercial General Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 Automobile Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 Employers Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 POLICY PERIOD 1282014 1282015 Limits of Insurance General Aggregate 10000000 Products Completed 4000000 Operations Aggregate Personal and Advertising Injury 4000000 Each Occurrence Corridor Deductible Corridor Deductible Aggregate 1.000.000 1.000.000 1.000.000 Limits of Insurance Bodily Injury and Property Damage Combined Single Limit 1000000 Each Accident CSL Limits of Insurance Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1.000.000 Each Policy 1.000.000 Each Employee In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. bl el il M isial Ridanty ompany Safety National olicy Number TBD olicy Period 1282014 1282015 General Agg Products C Operations A Personal anc Advertising Ir Each Occurrs Corridor Ded Corridor Ded Aggregate s ggregate Completed s Aggregate and g Injury urrence deductible deductible W el alivs 10000000 4.000.000 4000000 1.000.000 1.000.000 1.000.000 wiviiivians idi e ompany Safety National Bodily Injury and Property Damage Combined Single Limit olicy Number TBD 1000000 Each Accident CSL olicy Period 1282014 1282015 PV yEle Lidianmnty W el alivs ompany Safety National Bodily Injury by Accident 1.000.000 Each Accident olicy Number TBD Bodily Injury By Disease 1.000.000 Each Policy 1.000.000 Each Employee olicy Period 1282014 1282015 2009 XS9U57b 0809 Page 1 of 1 | 2 |
p grou e ac al Schedule of Underlying Insurance Continued NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc XOO G27373938 1282014 1282015 Coverage Employee Benefits Liability Limits of Insurance Company Safety National 1.000.000 Each Claim Limit Policy Number TBD 1.000.000 Aggregate Limit Policy Period 1282014 1282015 Coverage Automobile Liability Vicarious Liability Limits of Insurance Interest in Forth Worth Carrier Corporation Company TBD 1.000.000 Each Occurence Policy Number TBD Policy Period 1282014 1282015 Coverage Lead Umbrella CDI Contractors Limits of Insurance American Gurantee and Liability Insurance Company Company 25.000.000 Aggregate Policy Number TBD 25000000 Each Occurence Policy Period 1282014 1282015. yee wet e Lianity National 1.000.000 Ez 1.000.000 A alives WIVEIay Company e y vy t in Forth Worth Carrier Corporation Ve Lialiy b 1.000.000 Each Occurence elid WA btiitaLivtsy an Gurantee and Liability Insurance ny 25.000.000. 25000000 Suidalivs jgregate ach Occurence 2009 XS8W89a 0809 Page 1 of 1 | 2 |
ACE Umbrella Plus Commercial Umbrella Liability Policy Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. We the Company named in the Declarations relying upon the statements shown on the Declarations page and in the schedule of underlying insurance attached to this policy and in return for the payment of premium and subject to its terms conditions and limits of insurance of this policy agree with you as follows INSURING AGREEMENT A. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. 1. This insurance applies to bodily injury and property damage that takes place in the coverage territory but only if a. The bodily injury or property damage is caused by an occurrence b. The bodily injury or property damage occurs during the policy period and c. Prior to the policy period no 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 any insured listed under Paragraph A. of Section Il Who Is An Insured or any 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. 2. This insurance applies to personal and advertising injury that arises out of your business but only if the offense causing the personal and advertising injury takes place in the coverage territory and during the policy period. B. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. C. 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 Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. XS20835 0806 Page 1 0of 19 | 0 |
D. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. The amount we will pay for damages is limited as described in Section IV Limits of Insurance. Il. WHO IS AN INSURED A. The following are insureds 1. 2. The Named Insured named in Item 1 of the Declarations of this policy is an insured. Any subsidiary of the Named Insured named in Item 1 of the Declarations of this policy and any other organization under your control and active management at the inception date of this policy is an insured providing such subsidiary or organization is included as an insured in the underlying insurance and was made known to us prior to or at the inception date of this policy If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a. Bodily injury or personal and advertising injury 1 To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a.1 above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a.1 or 2 above or 4 Arising out of his or her providing or failing to provide professional health care services. b. Property damage to property 1 Owned occupied or used by you 2 Rented to inthe care custody or control of or over which physical controlis being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. XS20835 0806 Page 20f 19 | 1 |
Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured if it also qualifies as an insured in underlying insurance and there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization and d. We reserve the right to charge an additional premium if such organization qualifies as an insured. Any person or organization if insured under underlying insurance provided that coverage provided by this policy for any such insured will be no broader than coverage provided by underlying insurance. Notwithstanding anything above 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. lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury even if groundless false or fraudulent to which this insurance applies 1. When damages sought would be covered by underlying insurance but are not covered by that insurance because of the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy or 2. When damages sought would be covered under any other insurance but are not covered by that insurance because of the exhaustion of the applicable limits of other insurance by the payment of loss covered under such other insurance or 3. When damages sought for bodily injury property damage or personal and advertising injury are not covered by underlying insurance or any other insurance or any applicable self insured retention has been exhausted by the payment of loss covered by this policy. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury to which this insurance does not apply. We will have the right but not the duty to associate in the investigation of any claim and the defense of any suit which may in our opinion result in damages to which this insurance applies. If we assume the defense of any suit against the insured we will pay in addition to the applicable Limit of Insurance 1. All expenses we incur. 2. Up to 250 for cost of bail bonds because of an occurrence that may result in bodily injury or property damage covered by this policy. We do not have to furnish these bonds. XS20835 0806 Page 3 of 19 | 1 |
E. 3. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 4. The cost of appeal bonds required by law to appeal any suit we defend but only for bond amounts within the applicable Limit of Insurance. We do not have to apply for or furnish such bond. 5. All reasonable expenses incurred by the insured at our request to assist us in the investigation of any claim or the defense of any suit covered under this policy including actual loss of earnings because of time off from work. 6. All costs taxed against the insured in the suit. 7. Pre judgment interest awarded against the insured on that part of the judgment within the applicable Limit of Insurance that we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest accruing after the offer. 8. Post judgment interest on that part of any judgment that we become obligated to pay which accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that we have become obligated to pay which is within the applicable Limit of Insurance. Our right and duty to defend ends when the applicable Limit of Insurance of this policy has been exhausted by the payment of loss. 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 or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages except 1. Damages because of bodily injury or property damage included in the products completed operations hazard and 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto. The Products Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage and personal and advertising injury arising out of any one occurrence. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. 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 unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. XS20835 0806 Page 4 of 19 | 1 |
V. EXCLUSIONS This insurance does not apply to A. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent or 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. B. Asbestos Any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. C. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1. That the insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. D. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. XS20835 0806 Page 5 of 19 | 1 |
E. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2. Premises you sell give away or abandon if the property damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the insured 5. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 7 or fewer consecutive days. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. F. Damage to Your Product Property damage to your product arising out of it or any part of it. G. 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. H. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. I. Employer s Liability Bodily injury to 1. An employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or 2. The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and XS20835 0806 Page 6 of 19 | 1 |
2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1. To liability assumed by the insured under an insured contract. 2. To the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. J. Employment Practices Bodily injury property damage or personal and advertising injury arising out of 1. Refusal to employ 2. Termination of employment 3. Coercion demotion evaluation reassignment discipline defamation harassment humiliation failure to promote retaliation violation of civil rights invasion of privacy discrimination or other acts or omissions arising out of employment related practices or other employment related practices policies acts or omissions or 4. Any consequential liability damages loss cost or expense as a result of 1 2 or 3 above. This exclusion applies whether or not the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of such injury or damages. K. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. L. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. M. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. However this exclusion does not apply to Section VI Definitions R. Personal and advertising injury Paragraphs 1 2 and 3. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. N. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or XS20835 0806 Page 7 of 19 | 1 |
3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy rovided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. 0. Miscellaneous Laws Any loss demand claim or suit under 1. The Employee Retirement Income Security Act of 1974 including any amendment thereto or any similar law. 2. Any workers compensation disability benefits or unemployment compensation laws or any similar laws. 3. Any auto no fault law any uninsured or underinsured motorist law any personal injury protection law or similar law. P. Nuclear 1. To any injury or 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 insurance or Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. To any injury or damage resulting form the hazardous properties of nuclear material if a. The nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom 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 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations or use of any nuclear facility. 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 XS20835 0806 Page 8 of 19 | 1 |
h. Waste means any waste material a containing by product material other than the tailings or waste 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 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. 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. Injury or damage includes all forms of radioactive contamination of property. Q. Other Personal and Advertising Injury 1. 6. Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal and advertising injury offense takes place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and ii. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Personal and advertising injury arising out of a breach of contract except an implied contract use another s advertising idea in your advertisement. XS20835 0806 Page 9 of 19 | 1 |
1. Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. R. Pollution Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. 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 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be legally responsible 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 if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor 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 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 That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from a covered auto Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon a covered auto Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or After the pollutants or any property in which the pollutants are contained are moved from a covered auto to the place where they are finally delivered disposed of or abandoned by the insured. However the following exceptions to this exclusion apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the app licable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance 1. Paragraph 1.a. of this exclusion does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. Paragraph 1.a. of this exclusion does not apply to bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. XS20835 0806 Page 10 of 19 | 1 |
Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injuryor 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. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1.f. of this exclusion 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 a covered auto or its parts if a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or any 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 1.g. and 1.h. of this exclusion do not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto 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 a covered auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this Paragraph 2. does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Recall of Products Work or Impaired Property Bodily injury property damage or personal and advertising injury or any other loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property XS20835 0806 Page 11 of 19 | 1 |
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. Trade or Economic Sanctions 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. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. Unsolicited Communications Bodily injury property damage or personal and advertising injury arising out any form of communication including but not limited to facsimile electronic mail posted mail or telephone in which the recipient has not specifically requested the communication. This exclusion also applies to communications which are made or allegedly made in violation of the 1. Telephone Consumer Protection Act TCPA including any Amendment of or addition to such law or 2. The CAN SPAM Act of 2003 including any amendment of Or addition to such law or 3. Any statute ordinance or regulation other than the TCPA Or CAN SPAM Act of 2003 which prohibits or limits the sending transmitting communicating or distribution of material or information. VI. W. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection civil commotion rebellion or revolution. CONDITIONS A. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance or other insurance we may elect to appeal. If we elect to appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and intereston that amount of any judgment that does not exceed the applicable Limits of Insurance shown in theDeclarations related to such an appeal subject to the limitations set forth in Section Il Defense And Supplementary Payments. B. Assignment of Your Rights and Duties Your rights and duties under this policy may not be transferred except by an endorsement to this policy issued by us. If you die or are legally declared bankrupt then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. XS20835 0806 Page 12 of 19 | 1 |
C. Bankruptcy Your bankruptcy insolvency refusal or inability to pay will not relieve us of our obligations under this policy. In the event of bankruptcy insolvency refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not drop down or replace underlying insurance but will apply as if the limits of such underlying insurance are fully available and collectible and we will not assume any obligation under underlying insurance. D. Cancellation 1. You may cancel this policy. You must mail or deliver to us advance written notice stating when cancellation is to take effect. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than sixty 60 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based upon the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium as shown in the Declarations. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium as shown in the Declarations. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. The first Named Insured shown in the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. E. Changes This policy may be changed only by a written endorsement to this policy issued by us. F. 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 for damages under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and XS20835 0806 Page 13 of 19 | 1 |
d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our written consent. G. Inspection and Audit 1. We will be permitted but not obligated to inspect the insured s property and operations. Neither our right to make inspections nor the making thereof nor any report thereon will constitute an undertaking on behalf of or for the benefit of the insured or others to determine or warrant that such property or operations are safe. 2. We may examine and audit the insured s books and records during the policy period and any extensions thereof within three 3 years after the termination date of this policy. H. Legal Action Against Us 1. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured. 2. You will have no right of action against us under this policy unless all of its terms have been fully complied with and the amount that you seek to recover has been determined by settlement with our consent or by final judgment against an insured. I. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewals or replacements thereof in full force and effect. 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy. 3. That the terms and conditions of underlying insurance will not materially change during the policy period. 4. That any renewal or replacement of underlying insurance will not be more restrictive in coverage. 5. That underlying insurance may not be canceled or non renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any underlying insurance. Failure to maintain the underlying insurance as provided by this condition will not invalidate this policy. This policy will apply as if the underlying insurance were maintained as required by this policy. J. Other Insurance If valid and collectible other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance and will not contribute with such other insurance. This provision will not apply if the other insurance is written to be excess of this policy. K. Premium The first Named Insured shown in the Declarations will be responsible for payment of all premiums when due. The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided herein or as changed by an endorsement to this policy issued by us. L. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies 1. As if each Named Insured were the only Named Insured and XS20835 0806 Page 14 of 19 | 1 |
2. Separately to each insured against whom claim is made or suit is brought. M. Titles The titles to the various parts sections subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit expand or otherwise affect the provisions of such parts sections subsections and endorsements. N. Transfer of Rights of Recovery Against Others to Us 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If you and the insurer of underlying insurance waive any right of recovery against a specific person or organization for damages as required under an insured contract we will also waive any such rights we may have against such person or organization provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is obligated to pay the full amount of the retained limit. When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the retained limit paid by us. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or mental injury resulting from bodily injury. Coverage territory means anywhere in the world except 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. Employee means an individual working for you in return for remuneration. Employee includes a leased worker. Employee does not include a temporary worker or independent contractor. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 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 XS20835 0806 Page 15 of 19 | 1 |
1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means a person or organization meeting the qualifications set forth in Section Il Who Is An Insured Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. thatindemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to 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 injury or damage or 3. under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loading or unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. While it is in or on an aircraft watercraft or auto or 3. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Loss means those sums paid in the settlement a claim or suit or satisfaction of a judgment which the insured is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury after making proper deduction for all recoveries and salvages.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted XS20835 0806 Page 16 of 19 | 1 |
0. P. a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1 2 3 or 4 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 a. Equipment designed primarily for i. Snow removal ii. Road maintenance but not construction or resurfacing or iii. Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 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. All such exposure to substantially the same general conditions shall be considered as arising out of the same occurrence regardless of the frequency or repetition thereof or the number of claimants. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Other insurance means a policy of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance the amount shown in the Declarations as the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy and providing coverage that this policy also provides.. Policy period means the time between the inception date of this policy shown in the Declaration and the expiration date shown or earlier termination date of this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. 2. 3. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 Oral or written publication in any manner of material that violates a person s right of privacy XS20835 0806 Page 17 of 19 | 1 |
6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. S. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. As used in this definition waste includes materials to be recycled reconditioned or reclaimed. T. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your 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 i. When all of the work called for in your contract has been completed ii. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. iii. 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. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured b. The existence of tools uninstalled equipment or abandoned or unused materials. U. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. V. Retained limit means either of the following 1. The total applicable limits of underlying insurance and any applicable limit of other insurance providing coverage to the insured or 2. The amount shown in the Declarations as the Self Insured Retention applicable to each occurrence that results in damages not covered by underlying insurance or other insurance. W. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. XS20835 0806 Page 18 of 19 | 1 |
X. Temporary worker means a person who is furnished to you to substitute for a permanent employee o leave or to meet seasonal or short term workload conditions. Y. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance attached to and forming a part of this policy. Z. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. AA. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. BB. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. XS20835 0806 Page 19 of 19 | 1 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at httpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
FORWARD BY FAX MAIL OR E MAILTO ACE Excess P.O. Box 5103 Scranton PA 18505 0510 Fax No. 866635 5687 ACECIaimsFirstNoticeacegroup.com ACE GROUP SPECIALTY CLAIMS LOSS NOTIFICATION FORM Today s Date 7 February 2014 8505 0510 635 5687 stNoticeacegroup.com Notice of check all that apply First Party Claim Potential Claim Third Party Claim Litigation Initiated Other Insured s Name Contact Information Company Name Dillard s Inc. Point of Contact 1600 Cantrell Road Address Little Rock AR 72201 Phone Number Broker Agent s Name Contact Information Company Name Lockton Companies LLC Point of Contact Joel Gard 444 West 47th Street Suite 900 Address Kansas City MO 64112 1906 Phone Number Policy Information Policy Number XOO G27373938 Policy Period 01282014 01282015 Limits of Liability 25000000 per 25000000 agg Self Insured Retention Deductible 50000.00 Loss Information Date of Incident Claim Location Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature XS28500a 0813 2013 Page 1 0f 1 | 2 |
IL P 001 0104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous 1 Foreign agents 1 Front organizations 1 Terrorists 1 Terrorist organizations and 1 Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 0104 S0 Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA LIABILITY INFORMATION FOR POLICYHOLDERS TO HELP YOU IN THE EVENT OF A CLAIM FOR CATASTROPHE MANAGEMENT COVERAGE A CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT is attached to your commercial umbrella liability policy from ACE Excess Casualty. This informational notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the Catastrophe Management Coverage endorsement. Please read your policy and the endorsements attached to your policy carefully. When this endorsement is attached to your policy elnsurance is provided for covered catastrophe management costs arising out of a catastrophe management event as defined in the endorsement. In order to activate your catastrophe management coverage make a claim you must call the following toll free number 1 877 366 3747 lf you attempt to report directly to a firm that provides catastrophe management services on our behalf you will be re directed to the toll free number shown above. ePlease be prepared to provide the following information o Caller s name title and contact telephone number Name of Insured Policy Number A description of the incident Any witnesses Property Product or Vehicle Information Incident Location Contact Person Number and nature of bodily injuries including any fatalities and the number of people injured o Current status of the situation 0 0000O0O0O The coverage description in this notice is a summary only. It is not part of the policy and does not amend or alter your policy. Please see your policy for actual terms and conditions. ACE Excess Casualty is one of the U.S.based business groups of ACE USA. Insurance policies are issued by ACE Property and Casualty insurance Company or one of its insurance company affiliates. XS22552 062007 | 2 |
Arkansas Notice to Policyholders QUESTIONS ABOUT YOUR INSURANCE If You have questions about your insurance need coverage information or require assistance in resolving complaints do not hesitate to contact either your insurance agent or ACE USA Customer Service Department 436 Walnut Street Philadelphia PA 19106 37083 telephone 1 800 352 4462. If you wish to contact the Arkansas Insurance Department their address and toll free number are Arkansas Insurance Department 1200 West Third Street Little Rock AR 72201 1904 1 800 282 9134 ALL2Y31a 02 06 | 2 |
SIGNATURES Named Insured Dillard s Inc. Endorsement Number 1 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President CARMINE A. GIGANTI Secretary Authorized Representative CC1K11 g 0111 | 2 |
AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION Named Insured Dillard s Inc. Endorsement Number 2 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury included in the products completed operations hazard and relating to resulting from or arising out of aircraft products upon which you have performed your work or which were designed manufactured sold handled distributed or disposed of by you or by another trading under your name in whole or in part when such aircraft products are used in or on or attached to any aircraft or missile or any component part or sub assembly thereof or in connection with the use of aircraft. Aircraft products means 1. Aircraft including missiles spacecrafts or satellites and any ground support maintenance or control equipment used therewith or any component part or sub assembly thereof Any article furnished by an insured and installed in aircraft or used in connection with aircraft or for space parts for aircraft Ground handling tools and equipment Training aids instruction manuals blueprints maps and guides engineering or other data engineering or other advice and services and labor relating to such aircraft or articles described above. This insurance does not apply to any damage of any kind whatsoever which arises out of grounding liability. Grounding liability means liability for the withdrawal or grounding of aircraft from flight operations whether or not owned or operated by you in the interests of safety or for any other reason whether or not such withdrawal or grounding was ordered by a governmental agency. Al other terms and conditions of the Policy remain unchanged. Authorized Agent XS20745 0806 Page 1of 1 | 2 |
ANTI STACKING ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 3 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance is amended to include the following additional Condition If this insurance and any other insurance issued to the Named Insured by us or any of our affiliated companies applies to the same claim suit or occurrence the maximum limit of insurance available for such claim suit or occurrence will not exceed the highest applicable limit of insurance available under any one policy. This condition does not apply to any other insurance issued by us or any of our affiliated companies specifically issued to apply as excess insurance over the limits of this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS20746 0806 Page 1 of 1 | 2 |
AUTO LIABILITY FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Automobile Liability When insurance for bodily injury or property damage is provided by an automobile liability policy listed in the scheduled underlying insurance coverage under this policy for such bodily injury or property damage will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Coverage provided by this policy will be no broader than the coverage provided by scheduled underlying insurance. All other terms and conditions of this policy remain unchanged. XS25998 1108 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
DISCRIMINATION FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Except insofar as coverage is available to you in the underlying insurance and for the full limits of insurance shown therein this insurance does not apply to any claim or suit based upon or alleging discrimination against any person. Discrimination includes but is not limited to discrimination on the basis of age disability ethnic origin marital status physical or mental hardship race religious affiliation sex or sexual orientation. However if insurance is provided by a policy ies listed in the schedule of Underlying Insurance 1. This exclusion shall not apply and 2. The insurance coverage provided by us will not be broader than the insurance coverage provided by the policy ies schedules as Underlying insurance. Any conditions provisions definitions or exclusions in the policy ies schedules as Underlying insurance that limit or restrict the insurance coverage provided thereunder shall also limit and restrict the coverage provided by us. All other terms and conditions remain unchanged. Authorized Agent XS23629 012008 Page 1 of 1 | 2 |
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