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CU 64 951207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. CU 64951207 | 2 |
COMMERCIAL UMBRELLA CU 6508 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance Includes copyrighted matenal of Insurance Services Office Inc. with its permission. Page 1 of 1 CU 65080115 | 2 |
COMMERCIAL UMBRELLA CuU 88011202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion M. under Section IV Exclusions is replaced by the following This insurance does not apply to M. Bodily injury property damage personal injury or advertising injury however caused arising directly or indirectly out of 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. This endorsement does not change any other provision of the policy. Page 1 of 1 CuU 88011202 Includes copyrighted material of Insurance Services Office. with its permission. | 2 |
COMMERCIAL UMBRELLA CU 88 03 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV Exclusions is replaced by the following This insurance does not apply to 0. Bodily injury personal injury or advertising injury to 1. A person arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs 1a. 1.b or 1.c. above is directed This exclusion applies 1. Whether the injury causing event described in Paragraphs 1.a. 1.b. or 1.c. above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. This endorsement does not change any other provision of the policy. Page 1 of 1 CU 88031207 Includes copyrighted material of insurance Services Office with its permission. | 2 |
CU 880407 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Bodily injury property damage personal injury advertising injury or personal and advertising injury caused by the rendering of or failure to render any professional service. This includes but is not limited to o o oaow 8. 9. Legal accounting or advertising services Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications Supervisory inspection or engineering services Medical surgical dental x ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhance. ment hair removal or replacement or personal grooming Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing services and Services in the practice of pharmacy. 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 offense or other act error or omission involved the rendering of or failure to render any professional service. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance. All nghts reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 CU 88 04 07 14 | 2 |
COMMERCIAL UMBRELLA CU 88 310509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART A. SECTION I. COVERAGE under the INSURING AGREEMENTS is replaced by the following COVERAGE 1 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 by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage or personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in the INSURING AGREEMENT SECTION Ii. LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION lIl. DEFENSE. This insurance applies to 1. Bodily injury or property damage only if a. The bodily injury or property damage occurs during the Policy Period and The bodily injury or property damage is caused by an occurrence happening anywhere and c. Prior to the Policy Period no Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS 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 2. Personal and advertising injury caused by an offense arising out of your business but only if the offense was committed during the Policy Period. Bodily injury or property damage which occurs during the Policy Period and was not prior to the Policy Period known to have occurred by any Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS 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. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under paragraphs 1.a. 2. 3. or 4. of definition F. under SECTION V. DEFINITIONS 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 bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss or services or death resulting at any time from the bodily injury 2010 Liberty Mutual Insurance Company. All rights reserved. Inciudes copyrighted material of insurance Services Office Inc. with its permission Page 1of 4 Cu 88 3105 09 | 2 |
B. SECTION Ii. LIMITS OF INSURANCE is amended as follows 1. Paragraph B. is replaced by the following B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION I COVERAGE of the INSURING AGREEMENTS except 1. Damages included in the products complete operations hazard and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage or personal and ad vertising injury subject to an aggregate limit in the underlying insurance. The General Aggregate applies separately and in the same manner as the aggregate limits in the underlying insurance. 2. Paragraph D. is replaced by the following D. Subject to B. or C. in SECTION II. LIMITS OF INSURANCE whichever applies the Each Occur rence Limit is the most we will pay for bodily injury property damage or personal and advertising injury covered under SECTION I. COVERAGE of the INSURING AGREEMENTS because of all 1. Bodily injury or property damage arising out of one occurrence and 2. Personal and advertising injury arising out of one offense. 3. Provision 2. of paragraph G. is replaced by the following 2. the amount stated in the Declarations as the Self Insured Retention as a result of any one occurrence or one offense not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the Insured during the Policy Period C. SECTION lIl. DEFENSE is amended as follows 1. Paragraph A. is replaced by the following A. We will have the right and duty to investigate any claim and defend any suit seeking damages covered by the terms and conditions of the policy when 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing cov erage to the Insured have been exhausted by actual payment of claims for any occur rence or offense to which this policy applies or 2. Damages are sought for any one occurrence or offense which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying insurance or any other insurance providing coverage to the Insured. 2. Paragraph B.1.is replaced by the following 1. We will investigate any claim and defend any suit against the Insured seeking damages on account of any occurrence or offense covered by this policy. We have the right to investigate defend and settle the claim or suit as we deem expedient. 3. Paragraph D. is replaced by the following D. In all other instances except paragraph A. in SECTION lll. DEFENSE we will not be obligated to assume charge of the investigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occurrence or offense which in our opinion may create liability on our part under the terms of this policy If we exercise such right we will do so at our own expense. 2010 Liberty Mutual Insurance Company. All rights reserved Inciudes copyrighted material of Insurance Services Office inc. with its permission Page 2 of 4 CU 88 310509 | 2 |
D. SECTION IV. EXCLUSIONS is amended as follows 1. Exclusion J. is replaced by the following This insurance does not apply to J. Personal and advertising injury except to the extent that insurance is provided for such personal and advertising injury by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. ExclusionK. is deleted. E. SECTION V. DEFINITIONS is amended as follows 1. Definition A. is deleted and replaced by the following 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 cus tomers 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 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 adver tisement. 2. The following is added to definition C. Bodily injury does not include bodily injury arising out of personal and advertising injury 3. Definition D. is replaced by the following Claim means any demand for monetary damages upon any Insured resulting from a covered occurrence or offense. 4. Definition J. is replaced by the following J. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions 5. Definition K. is deleted and replaced by the following K. Personal and advertising injury means injury other than bodily injury arising out of one or more of the following offenses 1. 2. 3. 6. 7. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of the owner landiord 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 or Infringing upon another s copyright trade dress or slogan in your advertisement. Personal and advertising injury includes consequential bodily injury. 6. The following definitions are added Consequential bodily injury means bodily injury arising out of personal and advertising in jury Offense means an offense included in the definition of personal and advertising injury. All damages that arise from exposure to the same act publication or infringement are considered one offense 2010 Liberty Mutual Insurance Company. All rights reserved. includes copyrighted material of Insurance Services Office inc. with its permission. Page 3 of 4 CU 88 310509 | 2 |
F. SECTION VI. CONDITIONS is amended as follows 1. Condition F. is amended as follows a. Thetitle is replaced by the following F. Duties In the Event Of An Occurrence Offense Claim Or Suit b. Paragraph 1. is replaced by the following 1. You must see to it that we are notified as soon as practicable of an occurrence or offense which may result in a claim or suit under this policy. To the extent possible notice will include a. How when and where the occurrence or offense took place b. The names and addresses of any injured person and witnesses c. The nature and location of any injury or damage arising out of the occurrence or offense. 2. Paragraph 3. of Condition I. is replaced by the following 3. 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 aggregate limits by payment of claims or suits for occurrences or offenses covered by underlying insurance and G. Wherever the defined term personal injury or advertising injury appears in the following such terms are deleted and replaced by the combined defined term personal and advertising injury 1. Commercial Umbrella Coverage Form provisions a. Exclusions O. P. and Q. under SECTION IV. EXCLUSIONS or b. Definitions F. and N. under SECTION V. DEFINITIONS or 2. Any endorsements that are made a part of this policy. This endorsement does not change any other provision of the policy 2010 Liberty Mutual Insurance Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4 of 4 CuU 88 31 05 09 | 2 |
CU 883907 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITION OF INSURED This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Paragraph F.5. under SECTION V. DEFINITIONS is replaced by the following 5. Any person or organization who qualifies as an insured in the underlying insurance and does not qualify as an Insured in paragraphs 1. 2. 3. 4. 6. 7. or 8. of this definition F. but not beyond the extent of any limitation imposed under any contract or agreement. However a. The coverage provided to such person or organization by this insurance 1 Applies only to the extent permitted by law and 2 Will not be broader than the coverage afforded by the applicable underlying insurance and If coverage provided to such person or organization is required by a contract or agreement the limits of insurance afforded to that person or organization will be 1 The difference between the applicable underlying insurance limits and the minimum limits of insurance which you agreed to provide in a contract or agreement or 2 The amount of insurance available under the applicable Limits of Insurance shown in the Declarations of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a contract or agreement are wholly within the underlying insurance this policy shall not apply. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 CU 88390714 | 2 |
COMMERCIAL UMBRELLA CU 88410210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Exclusion L. under SECTION IV. EXCLUSIONS is replaced by the following This insurance does not apply to L. 1. Bodily injury property damage personal injury advertising injury or personal and ad vertising injury which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Paragraph 1. of this exclusion L. does not apply to the following D 2 4 5 Bodily injury or property damage included within the products completed operations haz ard. Bodily injury or property damage arising out of the heat smoke or fumes from a hostile fire. With respect to any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured a Bodily injury sustained within a building and caused by smoke fumes vapor or soot pro duced by or originating from equipment used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests or b 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. Bodily injury or property damage arising out of the discharge dispersal seepage migration release or escape of pollutants 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 not brought on or to the premises site of location in connection with such operations by such Insured contractor or subcontractor. Bodily injury or property damage arising out of the escape or fuels lubricants or other operat ing 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 to the exclusion does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by the Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf. 2010 Liberty Mutual Insurance Company Al rights reserved. CuU 88410210 includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 Page 1 of 2 CuU 88410210 | 2 |
6 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. 7 Fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by scheduled underlying insurance 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 pollu tants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of mobile equipment. 8 Occurrences that take place away from premises owned by or rented to an Insured with respect to pollutants not in or upon an auto covered by underlying insurance if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by underlying insur ance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. However the exceptions to this exclusion L. in paragraphs 1 2 3. 4. 5. 6. 7 or 8 above apply only to the extent that insurance is afforded for such bodily injury or property damage by underlying insurance. Provided however that the coverage afforded by this policy wiil be no broader than the coverage afforded by such underlying insurance Regardless of the extent of underlying insurance none of the exceptions to this exclusion L. in paragraphs 1 2 3. 4 5 or 6 above apply with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape or pollutants i Ator from any premises site or location which is or was at any time used by or for any Insured or others for handling storage disposal processing or treatment of waste or i Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom you may be legally respon sible or i At or from any premises site or location on which any Insured or any contractors or subcontrac tors working directly or indirectly on any Insured s behalf are performing operations if the oper ations 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 Paragraph 2. of this exclusion L. 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 to the extent that insurance is afforded for such damages by underlying insurance. Provided however that the cov erage afforded by this policy will be no broader than the coverage afforded by such underlying insur ance As used in this exclusion Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be Pollutants means any solid liquid gaseous or thermal irritant or contaminant including but not limited to 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. This endorsement does not change any other provision of the policy. 2010 Liberty Mutual insurance Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 cu 88410210 | 2 |
COMMERCIAL UMBRELLA CuU 89190113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Provision 2. of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following This insurance does not apply to Q. The following items 1. through 4. except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 2. Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any watercraft if such watercraft is owned by or chartered without a crew by or on behalf of 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 the Insured. This exclusion does not apply to a watercraft while ashore on premises you own or rent. This endorsement does not change any other provision of the policy. 2012 Liberty Mutual Insurance. Includes copyrighted material of Insurance Services Office inc.. with its permission. Page 1 of 1 CuU 89190113 | 2 |
COMMERCIAL UMBRELLA CU 89210715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF AIRCRAFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART Provision 3. of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following This insurance does not apply to Q. The following items 1. through 4. except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 3. Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft if such aircraft is 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 supervi sion hiring employment training or monitoring of others by the Insured. This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance includes copyrighted material of insurance Services Office Inc. with its permission CuUg9210715 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA CU 89400516 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM SCHEDULE Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to Section. COVERAGE CRISIS MANAGEMENT COVERAGE We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But 1. This insurance applies only if a. The insured crisis event commences during the policy period b. The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event c. You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event d. The crisis management expenses are first incurred within 15 days after the insured crisis event commences e. The crisis management expenses are not incurred more than 120 days after the commence ment of the insured crisis event and f. A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. 2. We will have no duty under this Crisis Management Coverage to defend the Insured against any claim suit or action seeking damages. 3. Payment of any crisis management expenses under the Crisis Management Coverage endorse ment is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any Insured for such claim or suit. 4. The amount we will pay is limited as described in Paragraph C. of the Crisis Management Coverage endorsement. 5. An insured crisis event will be deemed to commence at the time when any of your key execu tives first become aware of the man made emergency situation that resulted in the insured crisis event. 2016 Liberty Mutual Insurance Includes copyrighted matenial of Insurance Services Office Inc.. with its permission Page 1 0of 4 CU 8940 05 16 | 2 |
B. The following exclusions are added to Section IV. EXCLUSIONS This coverage does not apply to 1. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management ex penses arising out of food borne ilinesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowl edge that it would directly lead to an insured crisis event. C. The following is added to Section Il. LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. 2. 3. Insureds Insured crisis events Persons or organizations making claims. D. The following are added to Section V. DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insur ance Act is elected under the policy A building structure or equipment collapse An automobile watercraft or aircraft accident Spread of food borne iliness or a0 An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the Retained Limit because of bodily injury or property dam age to which this insurance applies or 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent pa ralysis injuries and b. Significant adverse regional or national media coverage about you. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. 2 Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 2016 Liberty Mutual Insurance. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 CU 89400516 | 2 |
4. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. 5 Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any Insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim suit or action for bodily injury or property damage or personal injury advertising injury or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation or dis crimination directed at any person. Key executive means o a0 oo Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraph a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. Definition D. of the policy does not apply to this endorsement. E. The following is added to Section VI. Conditions Duties in the Event of an Insured Crisis Event 1. In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Rela tions Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. 2016 Liberty Mutual insurance. includes copyrighted material of Insurance Services Office inc. with its permission. Page 3 of 4 CU 89 40 05 16 | 2 |
Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those cir cumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. 2. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. 3. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the insured crisis event took place b. The names and addresses of any affected parties and witnesses and. The nature and location of any injury or damage arising out of the insured crisis event. This endorsement does not change any other provision of the policy. 2016 Liberty Mutual Insurance. Includes copyrighted matenal of insurance Services Office Inc. with its permission. Page 4 of 4 CU 89400516 | 2 |
COMMERCIAL UMBRELLA CuU 89451014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION EXCLUSION A. The following exclusion is added to Section IV EXCLUSIONS This insurance does not apply to Any liability damages loss injury demand claim or suit arising out of 1. Any access to or disclosure of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses fines penalties including but not limited to fees or surcharges from affected financial institutions or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. B. The following definition is added to Section V DEFINITIONS Electronic data means information facts or programs stored as or on created or used on or transmit ted to or from computer software including but not limited to systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment This endorsement does not change any other provisions of the policy 2014 Liberty Mutual Insurance. includes copynighted material of Insurance Services Office Inc.. with its permission Page 1 of 1 CU 89451014 | 2 |
NOTICE TO POLICYHOLDERS Enclosed is your commercial insurance policy from Chubb. The bill that corresponds with this policy has been mailed separately. When you receive the bill please pay the amount due by the date indicated. Payment should be made directly to Chubb. As always prompt payment will keep your coverage in place. If you have any questions about the attached policy or need assistance with additional insurance contact your agent or broker. For questions about billing call our Premium Accounting Service Center at 1 800 372 4822. Thank you for insuring through Chubb. Reference Copy Form 99 10 0460 Ed. 2 97 Notice Page 10of 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirementsof the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholdersindicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of los specified the premium we would charge if any for providing such insurance and except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. 1f You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terro Risk Insurance Act is shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. carefully review your policy and the Important Notice previously provided to you for further s. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Rejection of such statutory insurance is legally prohibited. is a workers compensation policy rejection of insurance for terrorism is legally prohibited. If aggregate insured lo Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Reference Copy last page Form 99 10 0732 Rev. 12 07 Important Notice Page 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and plac trictions on transactions with foreign agents front organizations terrorists terrori organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Reference Copy last page Form 99 10 0792 Ed. 9 04 Tmportant Notice Page T | 2 |
POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafterChubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactionsis available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. Reference Copy last page Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Policy Notice Defense Within Limits Notice This policy contains a provision which makes defense and supplementary payments included within the Limits of Insurance when defense and supplementary payments of any underlying insurance policy reduce the limit of insurance provided by that policy. If you have any questions or require additional information about this provision please contact your agent or broker. Reference Copy Defense Within Limits Notice last page Policy Notice Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Premium Bill To JUNE302014 Policy Period JUNE 30 2013 Effective Date June 302013 Policy Number 7983 34 31 Insured PARAMIT CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued July 9 2013 Producer LOCKTON COMPANIES LLC THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT DIRECTLY TO CHUBB IF APPLICABLE Coverage Premium 38604.00 COMMERCIAL UMBRELLA POLICY Total 38604.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 382.00 INCLUDED IN TOTAL ABOVE. INS GUARANTY ASSOC RECOUPMT OTHER CA nan nan nan nan 0.0 Reference Copy last page Form 07 10 0542 Ed. 10 06 Premium Bill Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies Chubb Group of Insurance Companies 15 Mountain View Road Warren NJ 07059 Policy Number 7983 34 31 Named Insured and Mailing Address PARAMIT CORPORATION 18735 MADRONE PKWY ATTN MERINDA DO MORGAN HILL CA 950372876 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Producer No. 0037949 99999 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From JUNE 30 2013 To JUNE30.2014 1201 A M. standard time at the Named Insured s mailing address shown above. Premium aa na 38604.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable Umbrella Coverages Aggregate Limit Products Completed Operations Aggregate Limit Advertising Injury and Personal Injury Aggregate Limit Each Occurrence Limit ww o w0 25000000. 25000000. 25000000. 25000000. 25000000. Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY W Gordsir secm. Gt 4 kng Secretary President Authorized Representative Q.Dl July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 2267 Ed. 2 09 Declarations Page T | 2 |
Chubb Commercial Excess And Umbrella Insurance Schedule Of Forms Policy Period Effective Date Policy Number Insured JUNE 30 2013 June 302013 7983 34 31 CHI PARAMIT CORPORATION to JUNE 302014 Name of Company Date Issued FEDERAL INSURANCE COMPANY July92013 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL DIRECT BILL NOTICE IMPORTANT NOTICE TO POLICYHOLDERS TRIPRA IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE DEFENSE WITHIN LIMITS NOTICE COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE COMPLIANCE WITH APPLICABLE TRADE SANCTIONS CA CANCELLATION AND WHEN WE DO NOT RENEW POLICY EXCL INFORMATION DISTRIBUTIONLAWS COVERAGE CRISIS ASSISTANCEEXCESS AND UMB CAP ON CERTIFIED TERRORISM LOSSES POLICY EXCL GOODS PRODS SVCS OR WORK EO NAMED INSURED BIOLOGICAL AGENTS EXCL. CLAIMS MADE COV. A EXCESS FOLLOW FORM CARE CONTROL OR CUSTODY POLICY EXCLUSION FOREIGN LIABILITY EXCL. BI PD AI PICOV. B INTELLECTUAL PROPERTY LAWS OR RIGHTS POLLUTION HOSTILE FIRE EXCL. COV. A SUPPLEMENTARY PAYMENTS SCHEDULE OF UNDERLYING INSURANCE 07 10 0542 99 10 0460 99 10 0732 99 10 0792 99 10 0872 07 10 0384 07 02 2267 07 02 0815 07 02 1988 07 02 2022 07 02 2172 07 02 2440 07 02 1961 07 02 2282 07 02 1477 07 02 1692 07 02 0859 07 02 0837 07 02 0861 07 02 1146 07 02 0887 07 02 0845 07 02 0922 1006 0297 1207 0904 0607 0701 0209 0701 0204 0602 1104 1210 1207 0909 0701 0701 0701 0701 0701 0701 0701 0701 0701 Chubb Commercial Excess And Umbrella Insurance Reference Copy last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date JUNE 30 2013 Policy Number 7983 34 31 Insured PARAMIT CORPORATION Description Limits Employers Liability Insurer TRAVELERS COMMERCIAL INSURANCE COMPANY Policy No. HJUB7112P38A12 Coverage B Employer s Liability Policy Period 06302013 Bodily Injury By Accident to 06302014 1000000. Each Accident Bodily Injury By Disease 1000000. Policy Limit 1000000. Each Employee Limits Commercial General Liabili Insurer FEDERAL INSURANCE COMPANY Policy No. 3582 16 61 GLOBAL Policy Period 06302013 to 06302014 Occurrence 1000000. 2000000. 1000000. 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable won o Automobile Liability Insurer GOLDEN EAGLE INSURANCE CORPORATION Policy No. BA8915246 1000000. EachAccident Policy Period 06302013 or to 06302014 Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident Includes owned non owned and hired autos Includes owned non owned and hired autos Reference Copy Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date JUNE 30 2013 Policy Number 7983 34 31 Insured PARAMIT CORPORATION Description Limits Employee Benefits Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3582 16 61 GLOBAL S 1000000. Each Claim Policy Period 06302013 to 06302014 1000000. Aggregate Limits 1000000. Each Claim 1000000. Aggregate Claims Made Retroactive Date 06011990 Defense expenses included in the Limits of Insurance Foreign Automobile Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3582 16 61 Policy Period 06302013 to 06302014 1000000. Each Accident Occurrence Foreign Employers Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3582 16 61 Policy Period 06302013 to 06302014 1000000. Each Accident 1000000. Policy Limit 1000000. Each Employee Occurrence Authorization All other terms and conditions remain unchanged. 2 Authorized Representative Q Q July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 2 Authorization | 2 |
Chubb Commercial Excess And Umbrella Insurance Table Of Contents ravic Ui VUINciito Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions Page No. 25 29 Reference Copy Contract Page 10132 | 2 |
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Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Coverage Excess Follow Form Coverage A Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applies which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage differs from any term or condition contained in the applicable underlying insurance or is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply. to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expens We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss by reason of liability imposed by law or assumed in an insured contract Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 30132 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Personal Injury Liability Coverage Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertisinginjury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. o B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 4 0132 | 1 |
Investigation Defense And Settlements Chubb Commercial Excess And Umbrella Insurance Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or ta suit to which such coverage applies even if such suit under Umbrella Coverage B agai is false fraudulent or groundles We have no duty to defend any person or organization against any claim or suit to which this insurance does not apply or if any other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bon b. bonds requiredto 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 50132 | 1 |
Supplementary 6. interest on the full amount of a judgment that accrues after entry of the judgment and Payments before we have paid offered to pay or deposited in court the part of the judgment that is continued within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess Follow Form Coverage A With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applies. Umbrella Coverage B With respect to Umbrella Coverage B this insurance applies anywhere. Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations qualify Excess Follow Form asinsureds Coverage A the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured Umbrella Coverage B Sole Proprietorships With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 6 0132 | 1 |
Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies 1f you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons other than your employees or organizations while acting as your real estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence or occurrence that occurs or offense that is committed after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any ing out of their sole negligence occurrence that occurs or offense that is committed after you cease to be a tenant in the structural alteration new construction or demolition operations performed by or on behalf of them. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 70132 | 1 |
Whols An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls T e R I If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a sub ry organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 80132 | 1 |
Chubb Commercial Excess And Umbrella Insurance The aggregate limits apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations. provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as each aggregate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. Limits Of Insurance continued Excess Coverage Other Aggregate Limit Umbrella Coverages Aggregate Limit Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss included in the products completed operations hazard or arising out of advertisinginjury or personal injury. Products Completed Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is the Operations Aggregate Limit most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Aavertising Injury And The Advert llxmg Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of Personal Injury Aggregate loss for advertising injury and personal injury even if such loss is or otherwise would be covered in Limit whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 90132 | 1 |
When Excess Follow Form lerabg e A App lies. reduced by payment of judgments settlements or related costs or expenses if such costs or Drop Down expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Coverage A if the applicable underlying limits a Exclusions Excess Follow Form Coverage A Pollution With respect to Excess Follow Form Coverage A the following exclusions apply. This insurance does not apply to any liability or loss cost or expes arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completedoperations hazard bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment o s parts b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or c. resulting from your other ongoing contracting operations bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building bodily injury or property damage caused by heat smoke or fumes from a hostile fire or bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. site or location at or from any premi a. whichis or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 10 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution continued b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is 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. D. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 proceeding by or on behalf of any governmental authority or others 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. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions Umbrella Coverage B Bodily Injury Property Damage Aircraft Owned Or Rented Without Crew With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is loaned or rented to you with a paid trained crew and not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 110132 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its poss and Puerto Rico. ssions or territories Canada Damage To Impaired Property Or Property Not Physically Injured This insurance does not apply to property damage to impaired property or property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property surance does not apply to property damage to any property owned by you or of any insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product a it. ising out of it or any part of Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is 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. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 12 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended Injury surance does not apply to bodily injury or property damage arising out of an act that is intended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodil jury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of 1. you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reportsall or any part of any such injury or damage to us or any other insurer 2. receivesa claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned nsurance does not apply to bodily injury or property damage arising out of the owners maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or that is not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 13 of 32 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to advertisinginjury or personal injury arising out of breach of contract. This insurance does not apply to advertisinginjury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A. this insurance or B. asubsequent continuous renewal or replacement of this insurance that sued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertisinginjury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offens committed by or behalf of the insured that is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To Representations Or Warranties This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet s controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. Prior Offenses This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 14 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With Knowledge Of Falsity insurance does not apply to advertisinginjury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of Prices This insurance does not apply to advertisinginjury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage and Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury property damage advertisinginjury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention A enhancement or maintenance of any property or Expenses Y property B. prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 150132 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights surance does not apply to any actual or alleged bodily injury property damage nginjury or personal injury arising out of giving rise to or in any way related to any actual or alleged assertion or infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applies unless such injury is caused by an offense described in the definition of advertisinginjury and does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Pollution A. This insurance does not apply to bodily injury property damage advertisinginjury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 ses 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way respondingto or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work This insurance does not apply to damages claimed for any loss cost or expense incurred by you or Or Impaired Property s of use withdrawal recall inspection repair replacement adjustment removal your product your work or impaired property Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 16 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work Or Impaired Property continued 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. Policy Exclusions Asbestos With respect to all coverages under this contract the following exclusions apply. A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 ashestos or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way respondingto or assessing the effects of asbestos. Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage no fault law personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement Income Security Laws This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act E.R.LS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices Employment Related A. This insurance does not apply to any liability or loss cost or expense in connection with any Practices damag stained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment relatedact o1 ion policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 170132 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3. coercion criticism humiliation prosecution o retaliation continued defamation or disparagement 2. breach of any express or implied covenant 3. coercion criticism humiliation prosecution or retaliation 4. defamation or disparagement 5. demotion discipline evaluation or reassignment 6. discrimination harassment or segregation 7. a eviction or b. invasionor other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicit 10. termination of employment or 11. other employment relatedact omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment relatedact omission policy practice or representation s directed as described in paragraph A. above as a consequence thereof. 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 any of the foregoing. Nuclear Energy Nuclear Energy A. This insurance does not apply to any liability or loss cost or expense 1. with respect to which any insured under this policy also has status as an insured under anuclear 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 have had stat insured under any such policy but for its termination upon exhaustion of its insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. theinsured 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. B. This insurance does not apply to any liability or los nuclear hazardous properties of nuclear material cost or expense arising out of the 1. if the nuclear materiak a. isatany nuclear facility owned by or operated by or on behalf of any insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 18 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy continued b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any 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 including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear faci and any property thereat. Conditions Appeals With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. Audit Of Books And Records We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. Cancellation The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata bas as soon as practicable. s. Any unearned premium will be returned Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 19 of 32 | 1 |
Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy i ied are amended to conform to such statutes. s of this insurance which are in conflict with the applicable statutes of the State in which ied are amended to conform to such statutes. Disclosures And Representations We have issued this insurance Based upon representations you made to us and in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any insurers of underlying insurance are notified as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the names and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. If a claim is made or suit is brought against any insured you must 1. immediately record the specifics of the claim or suit and the date received 2. notify us and any other insurers as soon as practicable and 3. see to it that we receive written notice of the claim or suit as soon as practicable. 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 and any other insurers in the investigation or settlement of the claim or b defense against the suit and st us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which t insurance may also apply. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. Notice given by or on behalf of 1. the insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 20 01 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of Occurrence Offense Claim Or Suit continued 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars notice to us. fficient to identify the insured shall be deemed Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. If a claim or loss does not reasonably appear to involve either this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may make inspections and surveys at any time give you reports on the conditions we find and recommend changes. Any inspections surveys reports or recommendationsrelate 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 are safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Joint Duties In Non Admitted Jurisdictions With respect to an occurrence offense claim or suit to which thi non admitted jurisdiction nsurance applies that ari A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion me control of or participate in any investigation defense settlement or recovery proceedings. B. you and any other insured must Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 21 01 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions i f 2. obtain our approval for any payment and continued PP Y pay effect approved payments to others in accordance with the terms and conditions of 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. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applies. we will make those reimbursements 1. in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us No person or organization has a right under this insurance to join us as a party or otherwise bring s into a suit seeking damages from an insured or sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial in a civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Maintenance Of Underlying We have issued this insurance in reliance upon representations made by you about underlying Insurance And Underlying insurance and underlying limits. You must see to it that Limits underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits are and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 22 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Failure to comply with this condition will not invalidate this insurance. But in the case of any such Insurance And Underlying failure our obligation or liability will not exceed that which would have applied absent any failure Limits to comply with this condition. continued You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. Other Insurance If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. Thi urance is excess over any other insurance whether primary excess contingent or on any other ba We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and of all deductible and self insured amounts under all other insurance. nsurance is not subject to the terms or conditions of any other insurance. Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance appli as if each named insured were the only named insured and separately to cach insured against whom claim is made or suit is brought. Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Duties Your rights and duties under this insurance may not be transferred without our written consent. However 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 or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived 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. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Any amount recovered will be apportioned as follows ARQ. S.Zecover Y first we shall receive all amounts recovered until we have been fully reimbursed for all gainst Others amounts we have incurred including costs or expenses of such recovery proceedings. continued. Then you are entitled to claim for any further amount recovered. Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 24 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Aavertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto 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 Bodily injury means physical injury sickness or disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or you have failed to fulfill the terms or conditions 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 or conditions of the contract or agreement. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 25 01 32 | 1 |
Definitions Umbrella Coverage B continued Insured Contract WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applies sustained by a third person or organization provided the injury or damage oceurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Property Law Or Right Intellectual property law or right means any certification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expr likeness name slogan style of doing business symbol title trade dr property or on idea s or other intellectual other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased Worker Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Loading Or Unloading Loading or unloading A. means the handling of property 1. after it is moved from the place where it aircraft auto or watercraft ccepted for movement into or onto an 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. 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 auto or watercraft. Occurrence Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 26 01 32 | 1 |
Definitions Umbrella Coverage B continued Personal Injury Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosecution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violatesa person s right of privacy E. discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or accupied by or loaned or rented to you and arising out of your product or your work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a 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. does not include bodily injury or property damage arising out 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured 2. the existence of tools uninstalled equipment or abandoned or unused materials or Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 270132 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the class tion in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property Damage Property damage means physical injury to tangible property including 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 of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your Product Your product A means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a you b. others trading under your name or c. aperson or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your work A means any 1. work or operations performed by a. you oron your behalf or b aperson or organization whose assets or business you have acquired and Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 28 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials parts or equipment furnished in connection with such work or operations. continued B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Agreed Settlement Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss Loss means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are not licensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 290132 | 1 |
Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processingor utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of nuclear material if at any time the total amount of such mat in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Facility Nuclear Hazardous Properties Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear Material Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property damage includes all forms of radioactive contamination of property. Nuclear Reactor 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. Nuclear Spent Fuel Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 30 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material containing nuclear 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 resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. Policy Definitions continued Nuclear Waste Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of loss. Other insurance does not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants Pollutants means 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. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance consisting of amounts 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardless of the reason available under any applicable antecedent renewal or replacement of underlying insurance of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 31 0132 | 1 |
Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Underlying Limits If amounts available under the applicable underlying insurance described in the Schedule Of continued Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 32 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION Ti Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Conditions the following condition is added to the policy Conditions Compliance With Applicable Trade Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. Authorized Representative LD1 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions last page Form 07 02 1988 Rev. 2 04 Endorsement Page T | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Conditions the conditions titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions California Mandatory Cancellation A. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. A. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. All Policies In Effect For More Than 60 Days B. 1. Ifthis policy has been in effect for more than 60 days or is a renewal of a policy we issued we may cancel this policy only upon the occurrence after the effective date of the policy of one or more of the following a. Nonpaymentof premium including payment due on a prior policy we issued and due during the current policy term covering the same risks. b. Discovery of fraud or material misrepresentationby i any insured or his or her representative in obtaining this insurance or ii. you or your representative in pursuing a claim under this policy. c. A judgment by a court or an administrative tribunal that you have violated a California or Federal law having as one of its necessary elements an act which materially increases any of the risks insured agains d. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by you or your representative which materially increase any of the risks insured against. e. Failure by you or your representative to implement reasonable loss control requirements agreed to by you as a condition of policy issuance or which were conditions precedent to our use of a particular rate or rating plan if that failure materially increases any of the risks insured agai Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions California Cancellation And When We Do Not Renew continued 2022 Rev 6 02 Endorsement Page 1 Form 0. | 2 |
Conditions California Mandatory Cancellation f. A determination by the Commissioner of Insurance that continued i loss of or changes in our reinsurance covering all or part of the risk T A determination by the Commissioner of Insurance that i loss of or changes in our reinsurance covering all or part of the risk would threaten our financial integrity or solvency or ii. continuation of the policy coverage would place us in violation of Californialaw or the laws of the state where we are domiciled or threaten our solvency. A change by you or your representative in the activities or property of the commercial or industrial enterprise which results in a materially added increased or changed risk unless the added increased or changed risk is included in the policy. 7 2. We will mail or deliver advance written notice of cancellation stating the reason for cancellation to the first named insured and to the producer of record at least a. 10 days before the effective date of cancellation if we cancel for a reason listed in B.1.a. or b. above or b. 30 days before the effective date of cancellation if we cancel for any other reason listed in paragraph B.1. When We Do Not Renew If we elect not to renew this policy we will mail or deliver written notice stating the reason for nonrenewal to the first named insured and to the producer of record at least 60 days but not more than 120 days before the expiration or anniversary date. We will mail or deliver our notice to the firs mailing address shown in the policy. named insured and to the producer of record at the All other terms and conditions remain unchanged. Authorized Representative o S f July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions California Cancellation And When We Do Not Renew last page 02 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION Ti Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 The following exclusion is added under Policy Exclusions and replaces any similar exclusion contained therein. The use of the words damages loss cost or expense in any exclusion does not expand any coverages under this contract. AP Elid L MUY dgAe IR e AT At Policy Exclusions Information Distribution With respect to all coverages under this contract this insurance does not apply to any damages loss Laws cost or expense arising out of any actual or alleged violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any other ordinance regulation or statute relating to communicating distribution publication sending or transmitting of content information or material. All other terms and conditions remain unchanged. Authorized Representative QLD7 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Information Distribution Laws last page Form 07 02 2172 Ed. 11 04 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE 302014 JUNE 302013 June 302013 7983 34 31 PARAMIT CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 SCHEDULE A Limits Of Insurance Crisis As ance For Excess And Umbrella Aggregate Limit The lesser of 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or 300000. Coverage Crisis Assistance For Excess And Umbrella A section titled Coverage Ci tance For Excess And Umbrella is added to this contract. Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured crisis assistance expenses up to the amount of the Ci tance For Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of thi insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement. event will be deemed to end one hundred and eighty 180 days after the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. stance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgementof coverage under this insurance. Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 1 | 2 |
Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit The Cri stance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis stance For Excess And Umbrella Aggregate Limit applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. Conditions Special Duties In The Event Of A Crisis Event You must see to it that within twenty four 24 hours of a crisis event A B. one of the crisis assistance service providersis notified by telephone and we are notified To the extent possible notice should include 1. Eal how when and where the crisis event took place s of any injured persons and witnesses the names and addre the nature and location of any injury or damage arising out of the crisis event and the reason why the eventis likely to involve injury or damage covered by this policy and involve significantadverse regional or national media coverage. Other Crisis Assistance Insurance If you have other insurance that provides coverage for crisis assistance also covered by this insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Expenses Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and directly attributable to that crisis event expenses to secure the scene of a l fees charged by a crisis as service or advice event stance service provider shown in Schedule B for professi funeral or related service expens psychological or grief couns ling expenses temporary living expenses Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number June 302013 7983 34 31 Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A. shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsementto this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 3. other insurance and B. significantadverse regional or national media coverage. Schedule B ance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Authorized Representative o July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella last page Form 07 02 2440 Ed. 12 10 Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Terrorism Provisions Cap On Certified Terrorism Losses Terrorism Definitions Certified Act Of Terrorism A new section titled Terrorism Provisions is added to the end of this contract. 1f aggregate insured losses attributable to one or more certified acts of terrorism under the terrorism law exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the terrorism law we will 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. A new section titled Terrorism Definitions is added. Certified act of terrorism means any 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 A. of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. anair carrier or vessel as described in the terrorism law or b. the premises of a on of the United States of America which was committed by an individual or individuals as part of an effort to coerce the civilian population or Cap rified Terarism Losses continued Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Cenied Act Of Terrorism. influence the policy or affect the conduct of the Government continued of the United States. Certified act of terrorism does not include an act that is committed as part of the course of a war declared by the Congress of the United States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law. State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islan Samoa Guam each of the United States Virgin Islands and any territory or p United States of America. s American on of the Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 Pub. L.107 297 as amended by the Terrorism Risk Insurance Extension Act of 2005 Pub. L.109 144 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 Pub. L.110 160. United States United States means astate and the territorial sea and the continental shelf of the United States of America as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representative 25 f July 9 2013 Cap On Cegified TerrorisrpLosses last page Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE 302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Policy Exclusions the following exclusion is added. Policy Exclusions Goods Products Services Or Work Errors Or Omissions e e This insurance does not apply to any liability or loss cost or expense in connection with any economic injury arising out of any failure of any good or product to perform any function or to serve any purpose or delay or failure to perform any operation service or work. With respect to Excess Follow Form Coverage A only this exclusion does not apply to the use of tangible property other than property described in subparagraphs A. or B. below resulting from sudden and accidental physical injury to A your product or B. your work after it has been put to its intended use. All other terms and conditions remain unchanged. Authorized Representative 2 S 7 July 9 2013 PolicfRSERERRS B So8Broducts Services Or Work Chubb Commercial Excess And Umbrella Insurance Errors Or Omissions last page Form 07 02 2282 Ed. 9 09 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured JUNE 30 2013 June 302013 7983 34 31 CHI PARAMIT CORPORATION to JUNE 302014 Name of Company Date Issued FEDERAL INSURANCE COMPANY July92013 Who Is An Insured The Named Insured shown in the Declarations is completed to read as follows Paramit Acquisitions Corporation Paramit Holding Company Named Insured All Other Terms and Conditions Remain Unchanged Authorized Representative QLD7 July 9 2013 Chubb Commercial Excess And Umbrella Insurance o RAESHSRSE KORY insured last page Form 07 02 1477 Rev. 07 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Policy Exclusions the following exclusion s added Policy Exclusions Biological Agents This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or asse any biological agents. Under Policy Definitions the following definition is added Policy Definitions Biological Agents Biological Agents means any A. 1. bacteria 2. mildew mold or other fungi Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents continued Endorsement Page 1 | 2 |
Policy Definitions Biological Agents 3. other microorganisms or continued 4 mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Authorized Representative Q S 7 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION Ti Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Umbrella Retroactive date 06082003 Underlying Insurance Description EMPLOYEE BENEFITS LIABILITY Company FEDERAL INSURANCE COMPANY Policy No. 3582 16 61 Under Coverage Excess Follow Form Coverage A the following provisions are added Coverage Excess Follow Form Coverage A Claims Made Insurance Provided the applicable underlying insurance described in this Endorsement is claims made And Extended Reporting insurance this coverage applies only if Periods the injury or damage did not oceur or the offense that causes the injury was not first committed as applicable before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance and a claim with respect to such injury or damage is first made during the policy period of this insurance or any Extended Reporting Period we provide. When Extended Reporting Periods Apply Provided the applicable underlying insurance provides extended reporting periods we will provide Extended Reporting Periods as described below. We will automatically provide a Basic Extended Reporting Period and if you purchase it a Supplemental Extended Reporting Period if A. this insurance is canceled or not renewed or Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made continued Form 07 02 0859 Rev. 7 01 Endorsement Page 1 | 2 |
Coverage Excess Follow Form Coverage A When Extended B. werenew or replace this insurance with other insurance that Repqrt ng Periods Apply 1. has aretroactive date later than the Retroactive Date shown in this Endorsement or continued 2. is not claims made insurance. How Extended Reporting Extended Reporting Periods Periods Apply A apply only to claims with respect to 1. injury or damage that did not occur or 2. injury caused by an offense that was not first committed before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance. B. donot 1. extend the policy period or change the scope of coverage provided or 2. reinstate or increase the Limits Of Insurance. C. may not be canceled once in effect. Basic Extended Reporting Period A Basic Extended Reporting Period is automatically provided. This period starts with the end of the policy period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance for claims made with respect to injury or damage caused by an occurrence or offense reported to us not later than sixty 60 days after the end of the policy period of this insurance in accordance with paragraphs A. and B. of the condition titled Duties In the Event Of Occurrence Offense Claim Or Suit. yet no longer than sixty 60 days with respect to claims resulting from occurrences or offenses not previously reported to us. Such claims will be deemed to have been made during the policy period of this insurance. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance otherwise applicable to such claims. Supplemental Extended Reporting Period A Supplemental Extended Reporting Period is av additional premium subject to the following proy ble but only by an endorsement and for an ns. If purchased this period starts at the later of the end of the policy period of this insurance or the end of the applicable Basic Extended Reporting Period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance. Claims first made during this Supplemental Extended Reporting Period will be deemed to have been made during the policy period of this insurance. Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made continued Form 07 02 0859 Rev. 7 01 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number June 302013 7983 34 31 Coverage Excess Follow Form Coverage A Supplemental Extended Reporting Period continued You must give us a written request to purchase a Supplemental Extended Reporting Period within sixty 60 days after the end of the policy period of this insurance. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium for the Supplemental Extended Reporting Period Endorsement in accordance with our rules and rates. The Supplemental Extended Reporting Period Endorsement will set forth the terms and conditions not inconsistent with this section applicable to the Supplemental Extended Reporting Period. The insurance afforded under the Supplemental Extended Reporting Period Endorsement is excess over any other valid and collectible insurance available under insurance in force after the Supplemental Extended Reporting Period starts. Under Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following provision is added. Coverages This coverage does not apply to any part of gngz.lrellla.Cov r de B A loss to which underlying insurance would have applied but for a limitation in such coverage oally Injury An with respect to the timing of a triggering event or Property Damage o Liability Coverage B. any costs or expenses related to loss described in subparagraph A. above. Under Coverages Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following provision is added Coverages This coverage does not apply to any part of gg brela Ce. agi B y A 10510 which underlying insurance would have applid but for a limitation insuch coverage vertising b njury An with respect to the timing of a triggering event or Personal Injury Lia bility Covera ge B. any costs or expenses related to loss described in subparagraph A. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made continued Form 07 02 0859 Rev. 7 01 Endorsement Page 3 | 2 |
Under Policy Definitions the following definition is added. Policy Definitions Claims Made Claims made insurance means such insurance coverage the triggering event of which is based on the timing of a claim first made during the policy period or any extended reporting period. Claims made insurance means such insurance coverage the triggering event of which is based on the timing of a claim first made during the policy period or any extended reporting period. All other terms and conditions remain unchanged. Authorized Representative Q.QJ July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made last page Form 07 02 0859 Rev. 7 01 Endorsement Page 4 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Policy Exclusions the following exclusion s added Policy Exclusions Care Control Or Custody This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property REAL AND PERSONAL PROPERTY All other terms and conditions remain unchanged. Authorized Representative Q S 7 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Care Control Or Custody last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added This insurance does not apply to bodily injury property damage advertisinginjury o injury arising out of an occurrence outside the United States of America its territories c This insurance does not apply to bodily injury property damage advertisinginjury or personal injury arising out of an occurrence outside the United States of America its territories or sessions Canada or Puerto Rico. All other terms and conditions remain unchanged. Authorized Representative o S f July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liabillty last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property Laws Or Rights Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Adverti Injury Personal Injury the exclusions titled Intellectual Property Laws Or Rights is Under Policy Exclusions the following exclusion s added Policy Exclusions Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged liability or loss cost or expense arising out of giving rise to or in any way related to any actual or alleged assertion or infringement or violation by any person or organization including any insured or any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringementor violation. This exclusion applies unless such injury is caused by an offense described in the definition of advertisinginjury and Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights continued Endorsement Page 1 | 2 |
Policy Exclusions Intellectual Property. does not arise out of give rise to or in any way relate to any actual or alleged ass Laws Or Rights infringementor violation of any intellectual property law or right other than one continued described in the definition of advertisinginjury. does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Definitions Under Definitions UmbrellaCoverage B the following definitions are deleted Umbrella Coverage B Advertisement Advertising Injury Intellectual Property Law Or Right Under Policy Definitions the following definitions are added Policy Definitions Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising Injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Intellectual Property Law Or Right Intellectual property law or right means any certification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights continued Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number June 302013 7983 34 31 Policy Definitions Intellectual Property Law Or Right continued other judicial or statutory law concerning piracy unfair competition or other similar practices. All other terms and conditions remain unchanged. Authorized Representative 25 f July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights last page Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution A. This insurance does not apply to any liability or loss cost or expense arising out of the Hostile Fire actual alleged or threatened discharge dispersal seepage migration release or escape of Exception pollutants. T vnlircimm Arac st areder fe e di Ty S S This insurance does not apply to any liability or los. cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 1. at or from any premi ite or location which is or was at any time owned or occupied by or rented to any insured or at or from any premi ite or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 proceeding by or behalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to o assessing the effects of pollutants. Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Polution Hostie Fire continued Endorsement Page 1 | 2 |
Exclusions Excess Follow Form Coverage A Pollution Hostile Fire Exception continued This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Authorized Representative Q S 7 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Polution Hostie Fire last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JUNE302014 JUNE 30 2013 June 302013 7983 34 31 PARAMIT CORPORATION T Name of Company FEDERAL INSURANCE COMPANY Date Issued July 92013 Supplementary Payments is deleted in its entirety and replaced by the following Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bon b. bonds requiredto 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments continued Endorsement Page 1 | 2 |
Supplementary Payments continued 6. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty under Excess Follow Form Coverage A if supplementary payments of the applicable underlying insurance reduce the limits of underlying insurance then Supplementary Payments made under this coverage will reduce the Limits Of Insurance of this insurance. do not reduce the limits of underlying insurance then Supplementary Payments made under this coverage will not reduce the Limits Of Insurance of this surance. D. under Umbrella Coverage B Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. All other terms and conditions remain unchanged. Authorized Representative Q S 7 July 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments last page Endorsement Page 2 | 2 |
NUVIIVE 1V FUVLILVTTNVLULCNO FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010613 Page 1 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 010613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 of 3 | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and e Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 2 of 3 | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO Anindependent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants Aninsurance support organization e Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3 | 2 |
NUVIIVE 1V FUVLILVTTINIVLULCNO U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 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 Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treasury.govresourcecentersanctionsProgramsPagesiran.aspx see List of CISADA and NDAA Prohibitions or Conditions In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State 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 will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 050914 2014 X.L. America Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 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. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 131 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1610115 T 2015 X.L. America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 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. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 131 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1610115 T 2015 X.L. America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 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. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 131 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1610115 T 2015 X.L. America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. | 2 |
Regulatory Office Issuing Company and Address 505 Eagleview Blvd. Suite 100 XL Specialty Insurance Company Dept Regulatory 190 South LaSalle Street Exton PA 19341 0636 Suite 3900 Telephone 800 688 1840 Chicago IL 60603 Commercial Excess Follow Form and Umbrella Liability Policy Declarations Policy Number US00066398LI15A Renewal of Number US00066398LI14A ITEM1. NAMED INSURED QTS Realty Trust Inc. ADDRESS 12851 Foster Street CITY STATE ZIP Suite 205 Overland Park KS 66213 ITEM 2. POLICY PERIOD Inception January 01 2015 Expiration January 01 2016 1201 A.M. Standard Time at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The Limits of Insurance subject to the terms of this policy are 25000000 Each Occurrence 25000000 General Aggregate In accordance with Section IV. Limits of Insurance Products Completed Operations Aggregate In accordance with Section 25000000 IV. Limits of Insurance Disaster Response Limit In accordance with Section IV. Limits of 250000 Insurance ITEM 4. SELF INSURED RETENTION 10000 ITEM 5. UNDERLYING INSURANCE See attached Schedule of Underlying Insurance. XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10of 2 | 2 |
ITEM 6. POLICY PREMIUM 32869 Policy Premium 131 Premium for Certified Acts of Terrorism 33000 Total Policy Premium 33000 Total Premium Due 33000 Minimum Premium Due ITEM 7. FORMS ATTACHED TO THE POLICY AT ISSUANCE See attached Schedule of Forms and Endorsements. ITEM 8. Disaster Response to be called in the event of a disaster as per Event Phone Number 1 800 823 7351 Section I. Insuring Agreements Item C. ITEM9. Producer Name and Address Lockton Companies LLC 444 West 47th Street Suite 900 Kansas City MO 64112 Attn Tara Ferrigan Date Issued March 02 2015 ke Authorized Representative XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
IN WITNESS XL SPECIALTY INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 1120 PHONE 800 688 1840 Itis hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. Al other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. 1B floig Bernard R. Horovitz President Towt G Fortms Toni Ann Perkins Secretary IL MP 9104 0314 XLS 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. January 01 2015 forms a part of Policy No. US00066398LI15A issued to QTS Realty Trust Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows Endorsement Form Number Form Title Number PN CW 010613 NOTICE TO POLICYHOLDERS FRAUD PN CW 02 0505 NOTICE TO POLICYHOLDERS PRIVAC PN CW 050914 NOTICE TO POLICYHOLDERS U.S. TF DEPARTMENT S OFFICE OF FOREIGN Form Number Form Title PN CW 010613 NOTICE TO POLICYHOLDERS FRAUD NOTICE PN CW 02 0505 NOTICE TO POLICYHOLDERS PRIVACY POLICY PN CW 050914 NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC PN1610115 T POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE XCU 000 0811 Commercial Excess Follow Form and Umbrella Liability Policy Declarations IL MP 9104 0314 XLS IN WITNESS XL SPECIALTY INSURANCE COMPANY XCU 301 0811 SCHEDULE OF FORMS AND ENDORSEMENTS XCU 300 0811 SCHEDULE OF UNDERLYING INSURANCE XCU 050 0811 COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY XCU 100 KS 0811 KANSAS CHANGES CANCELLATION AND NON RENEWAL XCU 101 KS 0811 KANSAS CHANGES XCU 429 0513 AMENDMENT TO LIMITS OF INSURANCE MODIFICATION OF GENERAL AGGREGATE LIMIT Applicable to Insuring Agreements A and B XCU 635 0811 CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B XCU 647 0811 DISCRIMINATION EXCLUSION Applicable to Insuring Agreement B PN1610115 T XCU 000 0811 XCU 100 KS 0811 XCU 101 KS 0811 XCU 429 0513 XCU 635 0811 XCU 647 0811 XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 2 | 2 |
XCU 652 0811 EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreement B LEAD EXCLUSION Applicable to Insuring Agreement B PROFESSIONAL LIABILITY EXCLUSION Applicable to Insuring Agreements A and B SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreements A and B LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreements A and B XCU 654 0811 XCU 669 0811 XCU 681 0811 XCU 717 0811 XCU 734 0811 XCU 759 0513 XCU 763 1213 XCU 764 0514 XCU 901 0115 All other terms and conditions remain the same. XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
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