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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 UNDERLYING INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declaration Item 5 is completed to read as follows Coverage General Liability Company Zurich American Insurance Company Policy Number GLA 4892084 05 Policy Period January 01 2015 to January 01 2016 1000000 Premises Each Occurrence Limit Products Completed Operations Each 1000000 Occurrence 2000000 General Aggregate 2000000 Products completed Operations Aggregate Coverage Company Policy Number Policy Period Employee Benefits Liability Zurich American Insurance Company GLA 4892084 05 January 01 2015 to January 01 2016 1000000 Each Claim 2000000 General Aggregate Coverage Automobile Liability Company American Zurich Insurance Company Policy Number GLA 4892084 05 Policy Period January 01 2015 to January 01 2016 1000000 Combined Single Limit Coverage Employers Liability Company American Zurich Insurance Company Policy Number WC 4892085 05 Policy Period January 01 2015 to January 01 2016 500000 Bodily Injury by Accident Each Accident 500000 Bodily Injury by Disease Policy Limit 500000 Bodily Injury by Disease Each Employee All other terms and conditions remain the same. XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TABLE OF CONTENTS Beginning on Page I. Insuring Agreements A Insuring Agreement A Excess Follow Form Liability B Insuring Agreement B Umbrella Liability Over Self insured Retention Insuring Agreement C Disaster Response Coverage Il. Who Is An Insured lll. Defense And Settlement..... IV. Limits Of Insurance V. Exclusions A Exclusions Applicable to Insuring Agreements A and B B Exclusions Applicable to Insuring Agreement A Only. Exclusions Applicable to Insuring Agreement B Only. VL. Definitions VII. Conditions XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 26 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED. THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS A NAMED INSURED UNDER THIS POLICY. THE WORDS WE US AND OUR REFER TO THE COMPANY PROVIDING THIS INSURANCE. WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI DEFINITIONS. I INSURING AGREEMENTS In consideration of the payment of premium and subject to the terms definitions conditions and limitations of this policy including any endorsements or amendments thereto we agree with the named insured as follows A Insuring Agreement A Excess Follow Form Liability 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies. Coverage under this Insuring Agreement A shall follow the terms definitions conditions and limitations of the scheduled underlying insurance subject to the policy period Limits of Insurance premium and any contrary provisions contained in this policy. However this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement A we will indemnify the insured for those sums otherwise payable hereunder. Insuring Agreement B Umbrella Liability Over Self insured Retention 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts not covered by the scheduled underlying insurance that the insured becomes legally obligated to pay as damages in excess of the self insured retention because of bodily injury property damage including liability assumed by the insured under an insured contract or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurance but for its exhaustion by the payment of loss. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 26 | 0 |
3 The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained. 4 If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement B we will indemnify the insured for those sums otherwise payable hereunder. We will make payment on behalf of the insured under Insuring Agreements A and B only if 1 Prior to the policy period no insured listed under Section Il. Who Is An Insured B1 6 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew prior to the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury or During the policy period no insured listed under Section Il. Who is An Insured B 16 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew during the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury prior to the policy period. For these purposes bodily injury property damage and personal and advertising injury including the continuation change or resumption of such bodily injury property damage or personal and adve g injury will be deemed to have been known at the earliest time when any of the above referenced individuals Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer Receives a claim because of the bodily injury property damage or personal and advertising injury or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred or an occurrence has been committed that has caused or may cause personal and advertising injury. Insuring Agreement C Disaster Response Coverage 1 We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period provided a a disaster response advisor has been hired in connection with the disaster event and b a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty four 24 hours of its commencement. 2 A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when a we determine that any one of the elements listed in the definition of disaster event no longer exists or b the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted whichever is earlier. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 3 of 26 | 1 |
If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B. Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation settlement or defense of any claim or suit that might arise from a covered disaster event. WHO IS AN INSURED A The following are insureds under Insuring Agreement A 1 2 The named insured. Any person or organization qualifying as an insured under the scheduled underlying insurance but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance. B The following are insureds under Insuring Agreements B and C XCU 050 0811 The named insured. Any person or organization other than an employee or volunteer worker while such person or organization is acting as your real estate manager. Your legal representative if you die but only with respect to his or her duties as such. Your employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers but only while performing duties related to the conduct of your business. If you are designated in the Declarations as an individual then your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations as a partnership or joint venture your partners and their spouses but only with respect to the conduct of your business. If you are designated in the Declarations as a limited liability company your members but only with respect to the conduct of your business and your managers but only with respect to their duties as such. If you are designated in the Declarations as an organization other than a partnership joint venture or limited liability company your executive officers and directors but only with respect to their duties as such. Your stockholders are also insureds but only with respect to their liability as stockholders. If you are designated in the Declarations as a trust your trustees but only with respect to their duties as such. Any organization in which you maintain an interest of more than fifty percent 50 as of the effective date of this policy. 2011 X.L. America Inc. All Rights Reserved. Page 4 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 4 of 26 | 1 |
12 A partnership joint venture or limited liability company that you acquire or form during the policy period but only if we have named such partnership joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. DEFENSE AND SETTLEMENT We will have the right and duty to defend any suit covered by Insuring Agreement A but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. We will have the right and the duty to defend any suit covered by Insuring Agreement B but only when such suit seeks damages because of bodily injury property damage or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. When we assume the defense of any suit under Paragraph A or B above we will have the right to investigate defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance 1 Premiums on appeal bonds or bonds to release attachments subject to the applicable Limits of Insurance set forth in the Declarations provided that we will not be obligated to apply for or furnish any such bond. 2 All costs taxed against an insured in connection with the suit. 3 Pre judgment interest awarded against the insured on that part of any judgment paid under this policy but only such interest as shall accrue before we make a settlement offer within the policy s applicable Limits of Insurance. 4 Post judgment interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within this policy s applicable Limits of Insurance. 5 Reasonable expenses incurred by an insured at our request or with our consent. We will have no duty to defend investigate pay or settle or continue to defend investigate pay or settle a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. If we are prevented by law or statute from assuming our defense obligations under Paragraph A or B we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. Except as otherwise provided in this Section Ill. Defense and Settlement we shall have no duty to defend any suit against an insured. We however will have the right but not the duty to associate with you in the investigation settlement or defense of any claim or suit to which this policy applies in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 5 of 26 | 1 |
LIMITS OF INSURANCE A The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds claims made suits brought persons or organizations making claims or bringing suits or coverages provided by this policy. B Subject to this policy s Limits of Insurance we will pay only that amount of loss that is in excess of the retained limit. The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. However with respect to Insuring Agreement A only if a policy shown in the scheduled underlying insurance has aggregate limits other than the products completed operations hazard aggregate limits then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance but will be no broader. D The amount shown in Declarations Item 3 for the Products Completed Operations Aggregate Limit is the most we will pay for all loss included in the products completed operations hazard. E Subject to Paragraphs C and D above the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. F The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy. G If the limits for any scheduled underlying insurance policy are 1 Greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. 2 Less than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible. H Expenses we incur to defend any suit or investigate any claim will be in addition to the policy s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance in which case such expenses will reduce this policy s available Limits of Insurance. If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies this policy shall 1 In the event of reduction pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. 2 In the event of exhaustion of the total applicable limits of scheduled underlying insurance and any applicable and collectible other insurance continue in force subject to the terms and conditions of this policy. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 6 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 6 of 26 | 1 |
If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance. We will not make any payment under this policy unless and until 1 The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies or 2 The total applicable self insured retention has been satisfied by the payment of loss to which this policy applies. When the amount of loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on your behalf the amount of such loss within this policy s applicable Limits of Insurance. The policy s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the policy s inception date shown in the Declarations. If the policy period is extended for a period of less than twelve 12 months the extended period will be deemed part of the immediately preceding policy period. EXCLUSIONS Exclusions Applicable to Insuring Agreements A and B This insurance does not apply to 1 Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. 2 Employment Practices Employment practices whether the insured may be liable as an employer or in any other capacity and including any obligation to share damages with or repay another. 3 ERISA A violation of the Employee Retirement Income Security Act of 1974 ERISA the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act all as may be amended or any similar federal state or local statutory or common law or any rules or regulations promulgated thereunder. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 7 of 26 | 1 |
Intangible Property The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. No Fault Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault uninsured or underinsured motorist law or any similar law. Nuclear Liability To injury or damage a With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association the American Nuclear Insurers Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendments thereto or i the insured is or but for this policy 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 an agency thereof with any person or organization. c Resulting from hazardous properties of nuclear material if i The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. ii The nuclear material is contained in spent fuel or waste that was at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured. iii The injury or damage or personal and advertising injury arises out of an insured s furnishing services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear fac If such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to property damage to such nuclear facility and any property therein. Product Recall The loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities a A violation of any securities law or similar law or any regulation promulgated thereunder b The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2011 X.L. America Inc. All Rights Reserved. Page 8 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. ii XCU 050 0811 Page 8 of 26 | 1 |
10 11 c Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or d The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Violation of Communication or Information Laws Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the sending transmitting or communicating of material or information. War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. Workers Compensation and Similar Laws Any obligation of the insured under any workers compensation disability benefits unemployment compensation law or any similar law. Exclusions Applicable to Insuring Agreement A Only This insurance does not apply to 1 Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i At or from any premises site or location that is or was at any time owned used occupied by or rented or loaned to an insured. ii At or from any premises site or location that is or was at any time used for the handling storage disposal processing or treatment of waste. iiiy That are or were at any time transported handled stored treated disposed of or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible. iv At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. v At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 9 of 26 | 1 |
vi vii vi That are contained in any property that is 1 Being transported towed by handled or handled for movement into onto or from an auto covered by the scheduled underlying insurance. 2 In the course of transit by or on behalf of an insured. 3 Being stored disposed of treated or processed in or upon an auto covered by this policy or scheduled underlying insurance. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance or After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered disposed of or abandoned by the insured. Any loss cost or expense arising out of i ii 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. A 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. The following exceptions apply to Exclusion B1 but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance 1 Paragraphs 1ai through 1av do not apply to bodily injury or property damage included within the products completed operations hazard if your product or your work has not at any time been discarded dumped abandoned thrown away treated or handled as waste by anyone. Paragraphs 1ai and 1aiv do not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1ai does not apply to a Bodily injury sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises site or location has been added to the policy as an additional insured with respect to the insured s ongoing operations performed for that additional insured at such 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. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 10 of 26 | 1 |
4 Paragraph 1aiv does not apply to a Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. b 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 the insured or on the insured s behalf by a contractor or subcontractor. Paragraph 1avi does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto or its parts covered by the scheduled underlying insurance if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in Subparagraphs 7b and c of the definition of mobile equipment. Paragraph 1avii does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled 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 scheduled underlying insurance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Exclusions Applicable to Insuring Agreement B Only This insurance does not apply to 1 Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. The term use shall include operation loading and 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. Contractual Liability Bodily injury property damage or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 11 of 26 | 1 |
Damage to Impaired Property Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or a delay or failure by the insured or anyone acting on the insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Real and Personal Property Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. b Premises the insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. e That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. f That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Employee Injury Bodily injury to an employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured s business or any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity including an obligation to share damages with or repay another who must pay damages because of injury. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 12 of 26 | 1 |
10 11 Employees and Volunteer Workers To the liability of any employee or volunteer worker arising out of bodily injury property damage or personal and advertising injury To the insured its partners members employees or volunteer workers. To the spouse child parent brother sister of a person identified in Paragraph 8a above. Arising out of the providing or failing to provide professional health care services. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. However this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force by the insured to protect persons or property. Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Personal and Advertising Injury Personal and advertising injury a b Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place prior to the policy period. Arising out of a criminal act committed by or at the direction of an insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Arising out of a breach of an expressed contract to use another s advertising idea in the insured s advertisement. Arising out of the failure of goods products or services to conform to any statement of quality or performance made in the insured s advertisement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 13 of 26 | 1 |
12 Arising out of the wrong description of the price of goods products or services stated in the insured s advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement. Committed by an insured whose business is advertising broadcasting publishing or telecasting designing or determining content of websites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraphs DD 1 2 and 3 of the definition of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in the insured s e mail address domain name web page or Internet domain or metatag or any other similar tactics to mislead another s potential customers. Pollution a b The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. Any request demand order or statutory or regulatory requirement that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. VI DEFINITIONS The following definitions are applicable to Insuring Agreements B and C and to the extent the following terms are not defined in the scheduled underlying insurance to Insuring Agreement A. A Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition notices that are published include material placed on the Internet or on similar electronic means of communication and regarding websites only that part of a website that is about the insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 14 of 26 | 1 |
M N Bodily injury means injury to the human body illness sickness or disease sustained by a person including mental anguish mental injury or death resulting from any of these at any time. By product material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Claim means an express demand for damages including a suit resulting from an occurrence covered by this policy. Disaster event means an occurrence that in the good faith and reasonable opinion of a key executive has resulted in or is likely to result in all of the following 1 a claim for damages that is likely to exceed the retained limit 2 significant media coverage and 3 a need for a disaster response advisor. Disaster response advisor means a public relations firm or crisis management firm that is hired by the insured to perform disaster response advisory services in connection with a disaster event. Disaster response advisory services are those services performed by a disaster response advisor in advising the insured on minimizing potential harm from a covered disaster event by maintaining or restoring public confidence in the insured. Disaster response expenses are those amounts paid for the reasonable and necessary fees and expenses incurred by the insured or their disaster response advisor and pre approved by us including but not limited to medical expenses funeral expenses psychological counseling expenses travel expenses temporary living expenses printing and mailing expenses and expenses to secure the scene of a disaster event. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Employment practices means 1 Failure to hire any prospective employee or any applicant for employment. 2 Dismissal discharge or termination of any employee. 3 Failure to promote or advance any employee. 4 Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a Coercion harassment humiliation or discrimination. b Demotion evaluation reassignment discipline or retaliation. c Libel slander humiliation defamation or invasion of privacy. d Violation of civil rights. First named insured means the insured first identified in Declarations Item 1. Hazardous properties include but are not limited to radioactive toxic or explosive properties. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 15 of 26 | 1 |
Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1 2 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 of a contract or agreement if such property can be restored to use by 1 2 The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Injury or damage as used in the Nuclear Energy Liability Exclusion of this policy includes all forms of radioactive contamination of property. Insured means any person or organization qualifying as such under Section Il. Who is An Insured of this policy. Insured contract means 1 A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. A sidetrack agreement. An easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. That part of any other contract or agreement pertaining to your business including the indemnification of a municipality in connection with work performed for such municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 16 of 26 | 1 |
Subparagraphs 6 and 7 above do not include that part of any contract or agreement a That pertains to the loan lease or rental of an auto to the insured or any of its employees if the auto is loaned leased or rented with a driver. b That holds harmless a person or organization that is engaged in the business of transporting property by auto for hire in connection with the insured s use of an auto covered by the scheduled underlying insurance over a route or territory that person or organization is authorized to serve by public authority. c That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing. d That indemnifies an architect engineer or surveyor in connection with preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or giving or failing to give directions or instructions. e Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including supervisory inspection architectural or engineering activities. Key executive means the insured s Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel general partner or sole proprietor. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loss means those sums you become legally obligated to pay as settlements or judgments in connection with a covered claim. Loss shall include expenses incurred to investigate a claim or defend a suit if so provided in the scheduled underlying insurance. Mobile equipment means any of the following types of land vehicles including any machinery or equipment attached thereto that are not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where such vehicle is licensed or principally garaged including 1 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. 2 Vehicles maintained for use solely on or next to premises the insured owns or rents. 3 Vehicles that travel on crawler treads. 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted power cranes shovels loaders diggers or drills or road construction or resurfacing equipment such as graders scrapers or rollers. 5 Vehicles not described in Subparagraphs 1 through 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b Cherry pickers and similar devices used to raise or lower workers. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 17 of 26 | 1 |
Vehicles not described in Subparagraphs 1 through 4 above that are maintained primarily for purposes other than the transportation of persons or cargo. Self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning. b Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers. c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Named insured means the person or entity identified in Declarations Item 1. Nuclear facility means 4 A nuclear reactor. Equipment or devices designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste. Equipment or devices used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. Any structure basin excavation premises or place prepared or used for storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material. 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. Occurrence means W With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. With respect to personal and advertising injury an offense that results in personal and advertising injury. All damages that arise from the same related or repeated injurious material or offense will be deemed to arise out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used or the number of claimants. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 18 of 26 | 1 |
CC DD EE FF GG Other insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other insurance also means any retention in an insurance policy other than this policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other insurance does not include 1 Scheduled underlying insurance 2 The self insured retention or 3 Any policy of insurance specifically purchased to be excess of this policy and providing coverage also afforded by this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1 False arrest detention or imprisonment. 2 Malicious prosecution. 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. 4 Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. 5 Oral or written publication in any manner of material that violates a person s right of privacy. 6 The use of another s advertising idea in the insured s advertisement. 7 Infringing upon another s copyright trade dress or slogan in the insured s advertisement. Policy period means the period of time from the inception date shown in Declarations Item 2 to the earlier of the expiration date shown in Declarations Item 2 or the date this policy terminates. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. For purposes of this definition waste shall include materials to be recycled reconditioned or reclaimed. Products completed operations hazard means all bodily injury and property damage occurring away from premises the insured owns or rents and arising out of your product or your work except products that are still in the insured s physical possession or work that has not yet been completed or abandoned. However your work will be deemed complete at the earliest of the following times 1 When all of the work called for in the insured s contract has been completed. 2 When all of the work to be done at the job site has been completed if the contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be deemed to be completed. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 19 of 26 | 1 |
HH 1 J KK L MM NN 00 PP Products completed operations hazard does not include bodily injury or property damage arising out of the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured and that condition was created by the loading or unloading of that vehicle by any insured or the existence of tools uninstalled equipment or abandoned or unused materials. Property damage means physical injury to tangible property including all resulting loss of use of that property and 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 physical injury that caused it. For purposes of this insurance electronic data is not tangible property. Retained limit means for Insuring Agreement A the total applicable limits of the scheduled underlying insurance shown in Declarations Item 5 or the actual limits of such scheduled underlying insurance whichever is greater and for Insuring Agreement B the self insured retention. Scheduled underlying insurance means 1 The policy or policies of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2 Any renewal or replacement of any policy identified in Subparagraph 1 above. Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy. Self insured retention means the dollar amount set forth in Declarations Item 4 that the insured must pay before we are responsible to make payment under Insuring Agreement B. The self insured retention does not apply to occurrences that would have been covered by the scheduled underlying insurance but for the exhaustion of the applicable limits by the payment of loss. Source material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Special nuclear material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this policy applies are alleged including 1 An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any insured. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 1 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 20 of 26 | 1 |
QQ Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. RR Waste as used in the Nuclear Energy Liability Exclusion of this policy means any waste material i containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and ii resulting from the operation by any person or organization of a nuclear facility included under the first two paragraphs of the definition of nuclear facility. SS Your product means 1 Any goods or products other than real property that are manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. TT Your work means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Your work includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Vil CONDITIONS A Actions Against Us No person or organization shall have a right under this policy 1 To bring suit against us in connection with this policy unless as a condition precedent thereto all policy terms and conditions have been fully complied with and the amount of an insured s obligation to pay shall have been finally determined either by judgment or written agreement between the insured the claimant or claimant s representative and us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 21 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. XCU 050 0811 Page 21 of 26 | 1 |
2 To join us as a party to any action against an insured to determine the insured s liability. This insurance does not give anyone the right to add us as a party in an action against the insured to determine the insured s liability. Appeals We have the right but not the duty to appeal any judgment in excess of the scheduled underlying insurance and the liability limits of other insurance even if the insured or the insurers providing the scheduled underlying insurance or other insurance do not appeal such a judgment. If we exercise this right we shall pay in addition to the policy s applicable Limits of Insurance all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Assignment Your rights and duties under this policy may not be transferred or assigned without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first named insured designated in Declarations Item 1 and mailed to the address shown on the Declarations will be sufficient notice to effect cancellation of this policy. Audit We may audit and examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after policy expiration or termination. Authorization and Notices The first named insured will act on behalf of all insureds with respect to the giving or receiving of any notices under this policy payment or return of premiums and receiving and accepting policy endorsements. The first named insured also shall be responsible for notifying us and all insureds of any changes that might affect the insurance provided by this policy. Bankruptcy or Insolvency The insured s bankruptcy insolvency receivership or inability to pay or the bankruptcy rehabilitation liquidation insolvency receivership or inability to pay of any insurers providing the scheduled underlying insurance or other insurance will not relieve us from the payment of loss covered by this policy. Under no circumstances will such bankruptcy rehabilitation liquidation insolvency receivership or inability to pay require us to drop down replace or assume any obligation under the scheduled underlying insurance and this insurance will apply as if all the limits of any scheduled underlying insurance are fully available and collectible. Cancellation and Non Renewal 1 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of a cancellation for any other reason. 3 We will mail or deliver notice to the first named insured s last mailing address known to us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 22 of 26 | 1 |
Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated at ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. Changes Notice to any agent or knowledge possessed by any agent of ours or any other person will not affect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement issued by us or our authorized representative and made part hereof. Duties in the Event of an Occurrence Claim or Suit 1 You must see to it that we are notified as soon as practicable of an occurrence that is likely to involve this policy. To the extent possible notice should include a How when and where the occurrence took place. b The names and addresses of any injured persons and any witnesses. c The nature and location of any injury or damage arising out of the occurrence. If a claim is made against any insured that is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must a Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim. b Authorize us to obtain records and other information. c Cooperate with us in the investigation settlement or defense of the claim. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 23 of 26 | 1 |
d Assist us in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. e Written notice should be mailed to the following address XL Group PO Box 614002 Orlando FL 32861 4002 Email napropcasclaimnewnoticesxIgroup.com 3 No insured will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings and sub headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We or our duly authorized agent have the right but not the duty to 1 Make inspections and surveys of the insured s premises and operations at any time. 2 Recommend changes. 3 Conduct loss control and prevention activity. Such inspections surveys reports or recommendations are for our benefit and relate to insurability of the risk and the premium to be charged for this policy and do not constitute a representation or warranty that the insured s premises operations or conditions are safe or healthy or comply with applicable laws regulations or codes. Maintenance of Underlying Insurance During the policy period you agree 1 To keep scheduled underlying insurance in full force and effect. 2 That the terms definitions conditions and exclusions of scheduled underlying insurance will not materially change. 3 That the policy limits for the scheduled underlying insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of loss. 4 That the coverage of any renewals or replacements of scheduled underlying insurance will be no less broad than and carry limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would have been if you fully complied with these requirements. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 24 of 26 | 1 |
Other Insurance If other insurance applies to damages covered by this policy this policy will apply excess of such other insurance. However this provision will not apply 1 2 If the other insurance is written to be excess of this policy. With respect to Insuring Agreement A only if you have agreed in a written contract with another person or organization that this policy shall be primary and non contributory with such other person or entity s coverage but only with respect to damages arising out of insured operations or work on your behalf performed under such written contract. When this Paragraph 2 applies the coverage available to the other person or organization will be the lesser of the policy s Limits of Insurance or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing in this Condition M shall make this policy subject to the terms conditions and limitations of such other insurance. Premium 1 2 The first named insured shall be responsible for payment of all premiums when due. The premium for this policy shall be computed on the basis set forth in Declarations Item 6. At the beginning of the policy period the first named insured must pay us the Premium shown in Declarations Item 6. When this policy expires or is cancelled we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the original premium paid you will promptly pay us the difference. If the earned premium is less than the original premium paid we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Declarations Item 6 for each twelve 12 months of the policy period. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to you this insurance applies as if each insured were the only insured and separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery 1 If any insured has the right to recover all or part of any payment we have made under this policy those rights are transferred to us. You must do nothing after loss to impair these rights and must help us enforce them. If prior to the time of an occurrence you and the insurer of scheduled underlying insurance waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we also will waive any rights it may have against such person or organization. Any recoveries shall be applied as follows a Any person or organization including you that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 25 of 26 | 1 |
b We will then be reimbursed up to the amount we have paid. c Lastly any person or organization including you that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations including you in the ratio of their respective recoveries as finally determined. Q Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 26 of 26 | 1 |
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. KANSAS CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions G Cancellation and Non Renewal is replaced with the following G Cancellation and Non Renewal W The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of a cancellation for any other reason. When this policy is in effect for ninety 90 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons a Non payment of premium. b This policy was issued because of material misrepresentation. c Any insured violated any of the material terms and conditions of this policy. d Unfavorable underwriting factors specific to the insured exist that were not present at the inception of this policy. e A determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas. A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. XCU 100 KS 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 2 | 2 |
5 10 If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than sixty 60 days before the expiration date stating the reasons for non renewal. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If we fail to mail proper notice and you obtain replacement coverage this policy will end on the effective date of that insurance. Notice to Director of Vehicles If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the policy is cancelled we will notify the Director of Vehicles thirty 30 days before the effective date of cancellation. Any notice of cancellation or non renewal will be mailed by certified or registered mail or United States post office certificate of mailing to the first named insured s last mailing address known to us. Proof of mailing of any notice will be sufficient proof of notice. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. All other terms and conditions remain the same. XCU 100 KS 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 2 | 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. KANSAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section. Insuring Agreements C Insuring Agreement C Disaster Response Coverage Item 3 is deleted and replaced with the following 3 If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. This arbitration will take place only if both you and we agree voluntarily for the arbitration. All other terms and conditions remain the same. XCU 101 KS 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 1 | 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. AMENDMENT TO LIMITS OF INSURANCE MODIFICATION OF GENERAL AGGREGATE LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY It is agreed that Section IV. Limits of Insurance C is deleted in its entirety and replaced by the following The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. All other terms and conditions remain the same. XCU 429 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to Any claim or suit brought by one named insured under this policy against another named insured under this policy. All other terms and conditions remain the same. XCU 635 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. DISCRIMINATION EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of Any form of discrimination whatsoever based upon age gender race color national origin creed religion sexual orientation marital status veterans status pregnancy sickness disease disability physical capabilities physical characteristics physical condition mental capabilities mental condition or any similar category or class committed or alleged to have been committed by an insured or by anyone for whom an insured is actually or allegedly responsible whether intentional or unintentional whether the discrimination is direct or indirect. No inference shall be made from omission of a category or class in the above paragraph that coverage applies to that category or class. All other terms and conditions remain the same. XCU 647 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2 any act error or omission committed by or on behalf of the insured solely in the performance of one or more of the following administrative duties or activities a giving counsel to employees with respect to a plan b interpreting a plan c handling of records in connection with a plan d effecting enroliment termination or cancellation of employees under a plan or e any claim against an insured solely by reason of his her or its status as an administrator the plan or you as sponsor of the plan. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Claim means a written demand upon the insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 2 | 2 |
a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. a pension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or a combination of 1 and 2 above. All other terms and conditions remain the same. XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 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. EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured or performance of duties related to the conduct of the insured s business. All other terms and conditions remain the same. XCU 654 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of An occurrence happening outside the United States of America its territories or possessions or Canada. All other terms and conditions remain the same. XCU 669 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. LEAD EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2 Any loss cost or expense arising out of any request demand or order 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 lead or 3 Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. All other terms and conditions remain the same. XCU 6810811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. PROFESSIONAL LIABILITY EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to Any act error omission malpractice or mistake of a professional nature committed by the insured or any person for whom the Insured is legally responsible and which is described in the Schedule below Schedule of Professional Services All Professional Services All other terms and conditions remain the same. XCU 717 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain the same. XCU 734 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 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. LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions C 10 is deleted in its entirety and replaced by the following This insurance does not apply to 10 Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. In addition to a b and c above this exclusion applies to any claims against any insured that allege negligence or other wrongdoing in 1. 2. The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. All other terms and conditions remain the same. XCU 759 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 1 | 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. VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 9 Violation of Communication or Information Laws is deleted in its entirety and replaced by the following Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions remain the same. XCU 763 1213 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 1 | 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. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 4 is deleted in its entirety and replaced with the following 4 Access or Disclosure of Confidential or Personal Information and Data Related Liability a Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a or b above. All other terms and conditions remain the same. XCU 764 0514 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. Page 1 of 1 | 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. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Cap on Losses from Certified Acts of Terrorism If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year 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. With respect to this endorsement Declarations Item 4 Self Insured Retention is amended to include the following Terrorism Retained Limit 1.000.000 Each certified act of terrorism Solely with respect to any liability arising out of any certified act of terrorism Section Ill. Defense and Settlement is deleted in its entirety and replaced by the following We have no duty to assume control of the investigation defense or settlement of any claim made suit brought or proceeding instituted against the insured. We will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceeding relative to any occurrence 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. Section VI. Definitions is amended as follows a Item 1l Retained limit is deleted in its entirety and replaced by the following 1y Retained limit means whichever of the following is greater 1 For Insuring Agreement A the total of the applicable limits of scheduled underlying insurance providing coverage to the insured or the actual limits of such scheduled underlying insurance whichever is greater 2 For Insuring Agreement B the self insured retention stated in Declarations Item 4 applicable to each occurrence that results in a loss other than a certified act of terrorism not covered by scheduled underlying insurance or Page 1 of 2 XCU 901 0115 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
3 The Terrorism Retained Limit shown in Paragraph II. above which applies to each certified act of terrorism whether or not there is applicable scheduled underlying insurance or any other collectible insurance. Applicable scheduled underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense expenses shall not erode the Terrorism Retained Limit. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Defense expenses means any payment allocated to the investigation settlement or defense of a specific claim or suit including the following Attorney s fees and all other investigation loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or suit Costs taxed against the insured by law to appeal any claim or suit Pre judgment interest awarded against the insured and Interest that accrues after entry of judgment. Certified act of terrorism means an 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 pursuant to the federal Terrorism Risk Insurance Act and any amendment thereto. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1 2 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 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. Al other terms definitions conditions and exclusions remain the same. Page 2 of 2 XCU 901 0115 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Mool I T Policy Period From 090113 to 090114 Policy Number 436 31 42 14 oL NAMED INSURED PRODUCER K C CONCRETE PLACEMENT INC. LOCKTON COMPANIES LLC PO BOX 30301 1015 N 98TH ST STE 101 LINCOLN NE 68503 0301 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 DIRECT BILL JACK H. STRUYK JR Insured is CORPORATION C L A I M S M A D E OV E R A G E Business Desc CONCRETE PUMPING OPERATN The Following Claims Made Coverage Applies Excess Employee Benefit Liability. Please Read Your Policy Carefully. L I M I T 8 OF I N S U R AN C E Each Occurrence Limit Liability Coverage 2000000 Personal Advertising Injury Limit 2000000 Any one person or organization Aggregate Limit Liability Coverage 2000000 except with respect to covered autos PREMIUM NOT SUBJECT TO AUDIT 2599.00 A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00011207 CU00040509 CU02080900 CU04031207 CU21130900 CU21230202 CU21271204 CU21300108 CU2136 0108 CU24140900 CU7001A0405 CU72690806 CU72700806 CU72720806 CU72731210 CU72761210 CU72930806 CU7404.11008 CU74311008 CU74381109 IL7130A0401 IL7131A0401 IL8383.20108 IL8384A0108 ECEVED AUS 23 2013 LOCKTON Date of Issue 082113 BPP FORM CU7000A ED. 01 07 BPP 060613 003 MB 4J63142 1401 COMMERCIAL UMBRELLA D Policy Period From 090113 to 090114 A wA T e o vr o o. PO BOX 30301 1015 N 98TH ST STE 101 LINCOLN NE 68503 0301 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 NTRECT RTT.T. nver 2 e The F Liabi ess Employee Benefit verage 2000000 2000000 2000000 A 100 MINI R Forms Applicable CU00011207 CU00040509 CU0208090 CU21130900 CU21230202 CU2127120 CU2136 0108 CU24140900 CU7001A04 CU72700806 CU72720806 CU72731211 CU72930806 CU7404.11008 CU7431 10 IL7130A0401 IL7131A0401 IL8383.2 CU0004 0509 CU02080900 CU04031207 CU21230202 CU21271204 CU21300108 CU24140900 CU7001A0405 CU72690806 CU72720806 CU72731210 CU72761210 CU7404.11008 CU74311008 CU74381109 IL7131A0401 IL8383.20108 IL8B384A0108 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J6 31 42 14 K C CONCRETE PLACEMENT INC. EFF DATE 090113 EXP DATE 090114 COMMERC RELLA POLICY TI ONS ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 7 12 07 COMM LIABILITY UMBRELLA COV FORM CU0004 05 09 RECORD DISTR MATRL INFO VIOL LAW EXC CU02087 09 00 NE CHANGES CANCELLATION AND NONRENEW CU0403 7 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE 0 RETAINED LIMIT 2000000 EACH EMPLOYEE 2000000 AGGREGATE RETROACTIVE DATE 09012000 CU21137 09 00 AMENDMENT OF LIQUOR LIABILITY EXCL CU21237 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU21277 12 04 FUNGI OR BACTERIA EXCLUSION CU21307 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 7 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2414 7 09 00 FELLOW EMPLOYEE AUTO COVERAGE CU7001A7 04 05 SCHED OF PRIMARY INS AUTOMATED CU7269 7 08 06 AGG LIMIT PER LOC AGG FOR PREM OPS CU7270 08 06 AGG LIMIT PER PROJ AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU72737 12 10 AUTO LIABILITY FOLLOW FORM CU7276 12 10 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 7 V 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU74387 11 09 CONTRACTORS OCCURRENCE DEFINITION IL7130A 7 04 01 NAMED INSURED ENDORSEMENT IL7131A7 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.2 01 08 DISCL PURSUANT TERRSM RISK INS. ACT 26 IL8384A7 01 08 TERRORISM NOTICE DATE OF ISSUE 082113 FORM IL7131A ED. 04 01 003 MB 4J63142 1401 EDITION TORM TATE NECODRTDTTAN ANP TN TANAT TR R o AT P CU0004 CU02087 CU0403 7 cu21137 CU2123 7 CU21277 CU21307 CU2136 7 CU2414 7 CU7001A7 CuU7269 Cu72707 cu7272 CU72737 A e CU0004 CU02087 CU0403 7 CU21137 CU21237 CU21277 CU21307 CU2136 7 CU2414 7 CU7001A7 CU7269 7 CU72707 CU7272 CU7273 CU7276 CU7293 7 CU7404.1 CU7431 CU74387 IL7130A 7 IL7131A7 IL8383.2 IL8384A7 AN 05 09 09 00 12 07 09 00 02 02 12 04 01 08 01 08 09 00 04 05 08 06 08 06 08 06 12 10 12 10 08 06 10 08 10 08 11 09 04 01 04 01 01 08 01 08 RECORD DISTR MATRL INFO VIOL LAW EXC NE CHANGES CANCELLATION AND NONRENEW EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE 0 RETAINED LIMIT 2000000 EACH EMPLOYEE 2000000 AGGREGATE RETROACTIVE DATE 09012000 AMENDMENT OF LIQUOR LIABILITY EXCL NUCLEAR ENERGY LIAB EXCL BROAD FORM FUNGI OR BACTERIA EXCLUSION CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR FELLOW EMPLOYEE AUTO COVERAGE SCHED OF PRIMARY INS AUTOMATED AGG LIMIT PER LOC AGG FOR PREM OPS AGG LIMIT PER PROJ AGG FOR PREM OPS ASBESTOS EXCLUSION AUTO LIABILITY FOLLOW FORM COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM AMENDMENT OF EMPLOYEE BENEFITS PROG CONTRACTORS OCCURRENCE DEFINITION NAMED INSURED ENDORSEMENT COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT TERRORISM NOTICE 26 | 2 |
AV EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J6 31 42 14 K C CONCRETE PLACEMENT INC. EFF DATE 090113 EXP DATE 090114 TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 082113 FORM IL8384A 01 08 003 MB 4063142 1401 K C CONCRETE PLACEMENT INC. EFF DATE 090113 EXP DATE 0901 TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J6 31 42 14 K C CONCRETE PLACEMENT INC. EFF DATE 090113 EXP DATE 090114 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDULE Terrorism Premium Certified Acts 26.00 A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 082113 FORM IL8383.2 01 08 003 MB 40763142 1401 K C CONCRETE PLACEMENT INC. EFF DATE This disclosure is attached to your policy in disclosure requirements of the Terrorism Risk disclosure does not grant any coverage or chai conditions of any coverage under the policy. SCHEDULE Terrorism Premium Certified Acts 26.00 A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Rj required to provide you with a notice discl your premium if any attributable to cove certified under the Terrorism Risk Insuranc your premium attributable to such coverage of this disclosure or in the policy Declarsz B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAY The United States Government Department of a share of terrorism losses insured under t The federal share equals 85 of that portic insured losses that exceeds the applicable However if aggregate insured losses attrik certified under the Terrorism Risk Insuranc in a Program Year January 1 through Decemt shall not make any payment for any portion losses that exceeds 100 billion. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF If aggregate insured losses attributable tc certified under the Terrorism Risk Insuranc billion in a Program Year January 1 throug have met our insurer deductible under the T Act we shall not be liable for the payment amount of such losses that exceeds 100 bil insured losses up to that amount are subjec in accordance with procedures established b Treasury. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART IN MISSOURI The premium above is for certain losses result terrorism as covered pursuant to coverage prov exclusions in this policy. You should read th carefully but generally speaking certified acts that exceed 5 million in aggregate losse industry and which are subsequently declared b the Treasury as a certified terrorist act unde Insurance Act. Some losses resulting from cer are not covered. Read your policy and endorsements carefully. re is attached to your policy in response to the quirements of the Terrorism Risk Insurance Act. This es not grant any coverage or change the terms and any coverage under the policy. SCHEDULE mium Certified Acts 26.00 OF PREMIUM nce with the Federal Terrorism Risk Insurance Act we are o provide you with a notice disclosing the portion of um if any attributable to coverage for terrorism acts under the Terrorism Risk Insurance Act. The portion of um attributable to such coverage is shown in the schedule sclosure or in the policy Declarations. OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES States Government Department of the Treasury will pay terrorism losses insured under the federal program. 1 share equals 85 of that portion of the amount of such sses that exceeds the applicable insurer retention. f aggregate insured losses attributable to terrorist acts under the Terrorism Risk Insurance Act exceed 100 billion am Year January 1 through December 31 the Treasury nake any payment for any portion of the amount of such c exceeds 100 billion. URER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES te insured losses attributable to terrorist acts ander the Terrorism Risk Insurance Act exceed 100 a Program Year January 1 through December 31 and we ir insurer deductible under the Terrorism Risk Insurance 111 not be liable for the payment of any portion of the such losses that exceeds 100 billion and in such case sses up to that amount are subject to pro rata allocation 1ce with procedures established by the Secretary of the STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE ce losses to the insurance clared by the U.S. Secretary of act under the Terrorism Risk from certified acts of terrorism fully. erties Inc. with its permission | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY NAMED INSURED ENDORSEMENT X e e POLICY PERIOD FROM 080113 TO 090114 POLICY NUMBER x 436 31 42 14 Wil N NAMED INSURED PRODUCER K C CONCRETE PLACEMENT INC. LOCKTON COMPANIES LLC PO BOX 30301 1015 N 98TH ST STE 101 LINCOLN NE 68503 0301 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 JACK H. STRUYK JR DIRECT BILL POLICY. ENDORSEMENT EFFECTIVE DATES 090113 TO 090114 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED K C CONCRETE PLACEMENT INC. NO. 02 BA HOLDING COMPANY PLACE OF ISSUE OMAHA NE DATE OF ISSUE 082113 FORM IL7130A ED. 04 01 003 MB 4J63142 1401 NAMED INSURED ENDO POLICY PERIOD FROM 090113 TO 090114 T R M T T N e T D T T PO BOX 30301 1015 N 98 T LINCOLN NE 68503 0301 OMAHA NE 6 AGENT A AGENT PH T T T e T 10 402 970 6100 ENDORSEMENT EFFECTIVE DATES 090113 TO 090114 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED K C CONCRETE PLACEMENT INC. NO. 02 BA HOLDING COMPANY PLACE OF ISSUE OLICY. | 2 |
COMMERCIAL LIABILITY UMBRELLA CuU 00011207 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ulti mate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily in jury or property damage when the underly ing insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to partici pate in the defense of the insured against any other suit seeking damages to which this in surance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or prop erty damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insur ance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tiements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B.. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occeurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury 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 con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1.a. of Section It Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter 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 un der Paragraph 1.a. of Section It Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Page 1 0f 17 o IS0 Properties Inc. 2007 CU 00011207 | 0 |
3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al leged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person b 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. ERILS.A. Any obligation of the insured under the Em ployees Retirement Income Security Act E.RIS.A and any amendments thereto or any similar federal state or local statute. f. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical dam age coverage no fault law personal injury protection or auto medical payments cover age or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. Page 2 of 17 180 Propertties Inc. 2007 Cu 00011207 a | 1 |
10 Body piercing services 11 Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. t. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underly ing insurance for the electronic data risks de scribed above exists or would have existed but for the exhaustion of underlying limits for bod ily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. u. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. bl 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Professional Services Bodily injury or property damage due to rendering or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change or ders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services 5 Medical surgical dental x ray or nursing services treatment advice or instruction 6 Any health or therapeutic service treatment advice or instruction 7 Any service treatment advice or instruction for the purpose of appearance or skin en hancement hair removal or replacement or personal grooming or therapy 8 Any service treatment advice or instruction relating to physical fitness including ser vice treatment advice or instruction in connection with diet cardio vascular fit ness body building or physical training pro grams Optometry or optical or hearing aid services including the prescribing preparation fit ting demonstration or distribution of oph thalmic lenses and similar products or hear ing aid devices 4 9 Page 5 of 17 a ISO Properties Inc. 2007 CU 00011207 | 1 |
COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ulti mate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying in surance does not provide coverage or the lim its of underlying insurance have been ex hausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any re sultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section ll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would vio late the rights of another and would inflict personal and advertising injury. 2 Material Published With Knowledge Of Falsity Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3 Material Published Prior To Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the con tract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s adver tising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your ad vertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other in tellectual property rights. Under this exclu sion such other intellectual property rights do not include the use of another s advertis ing idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or 4 5 t 8 9 Page 6 of 17 ISO Properties Inc. 2007 CU 00011207 o | 1 |
This exclusion applies whether the injury causing event described in Paragraphs i if or iii above occurs before employ ment during employment or after employ ment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in jury. 15 Professional Services Arising out of the rendering or failure to render any professional service. This in ciudes but is not limited to a Legal accounting or advertising ser vices Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations by any architect engineer or surveyor performing services on a pro ject on which you serve as construction manager c Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. d Engineering services including related supervisory or inspection services e Medical surgical dental x ray or nurs ing services treatment advice or instruc tion f Any health or therapeutic service treat ment advice or instruction g Any service treatment advice or in struction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or in struction relating to physical fitness in cluding service treatment advice or in struction in connection with diet cardio vascular fitness body building or physi cal training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or dis tribution of ophthalmic lenses and simi lar products or hearing aid devices b 1 12 13 14 c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the plac ing of frames borders or links or advertis ing for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting pub lishing or telecasting. Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bul letin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of an other s name or product in your e mail ad dress domain name or metatag or any other similar tactics to mislead another s potential customers. Poliution Arising out of the actual alleged or threat ened discharge dispersal seepage migra tion release or escape of pollutants at any time. Employment Related Practices To a A person arising out of any i Refusal to employ that person i Termination of that person s em ployment or iii Employment related practices poli cies acts or omissions such as co ercion demotion evaluation reas signment discipline defamation harassment humiliation discrimina tion or malicious prosecution di rected at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the em ployment related practices described in Paragraphs i i or iii above is di rected. Page 7 of 17 o ISO Properties Inc. 2007 CU 00011207 | 1 |
i Body piercing services k Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bod ies. 16 War Personal and advertising injury however caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these. 17 Distribution Of Material In Violation Of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or b The CAN SPAM Act of 2003 including any amendment of or addition to such law or c Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the send ing transmitting communicating or dis tribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contrib ute to the expenses of the insured or the underly ing insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agree ment that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the in demnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and Page 8 of 17 ISO Properties Inc. 2007 CU 00011207 u | 1 |
3 A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive offi cers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also in sureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while per forming duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partner ship joint venture or limited liability com pany or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the con duct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertis ing injury i To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited fiability company to a co employee in the course of his or her employment or performing duties related to the conduct of your busi ness or to your other volunteer workers while performing duties re lated to the conduct of your busi ness i To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraphs ai or ii above. 5 f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section 1 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or seftle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION I WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the con duct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your busi ness. d Page 9 of 17 o IS0 Properties Inc. 2007 CuU 00011207 | 1 |
b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar in surance available to that organization. How ever 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an of fense committed before you acquired or formed the organization. 2 3 2. Only with respect to liability arising out of the own ership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This excep tion does not apply if the covered auto is a trailer or semitrailer connected to a cov ered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. Anyone other than your employees part ners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employ ees while moving property to or from a covered auto. 5 A partner if you are a partnership or a member if you are a limited liability com pany for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to any fellow employee of the insured aris ing out of and in the course of the fellow employee s employment or while perform ing duties related to the conduct of your business. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of under lying insurance will automatically be an insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any underlying insur ance. Additional insured coverage provided by this in surance will not be broader than coverage pro vided by the underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 2 3 4 6 Page 10 of 17 IS0 Properties Inc. 2007 CU 00011207 o | 1 |
SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will be li able for taxable costs pre and postjudgment in terest and disbursements. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy of the underlying insurer will not relieve us of our obligations under this Cover age Part. However this insurance will not replace the un derlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insur ance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should in clude 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble.. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss be cause of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occur rence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all ultimate net loss because of all personal and advertising in jury sustained by any one person or organization.. If there is underlying insurance with a policy period that is non concurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Cover age Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Cover age Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy pe riod shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the addi tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insur ance. Page 11 of 17 o I1SO Properties Inc. 2007 CuU 00011207 | 1 |
3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settiement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative.. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to in surance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the in sured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other in surance we will pay only our share of the ul timate net loss that exceeds the sum of 1 The total amount that all such other insur ance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request.. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured 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 Page 12 of 17 I1SO Properties Inc. 2007 CU 00011207 o | 1 |
14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and posses sions Puerto Rico or Canada and we are pre vented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured un der Supplementary Payments for any reason able and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. if the insured becomes legally obligated to pay sums because of damages to which this insur ance applies in a part of the coverage terri tory that is outside the United States of Amer ica including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All pay ments or reimbursements we make for ex penses under Supplementary Payments will be made in U.S. currency at the prevailing ex change rate at the time the expenses were in curred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and posses sions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other govern mental authority during the policy period ex cept for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental au thority was in full effect. 10.When We Do Not Renew. If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. Loss Payable Liability under this Coverage Part shall not apply unless and until the insured or insured s underly ing insurer has become obligated to pay the re tained limit. Such obligation by the insured to pay part of the ultimate net loss shall have been pre viously determined by a final settlement or judg ment after an actual trial or written agreement be tween the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settle ments the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking dam ages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance The underlying insurance listed in the Schedule of underlying insurance in the Declarations shall remain in full effect throughout the policy period except for reduction of the aggregate limit due to payment of claims settlement or judgments. Failure to maintain underlying insurance wili not invalidate this insurance. However this insurance will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us as soon as practicable when any underlying insurance is no longer in effect or if the limits or scope of coverage of any underly ing insurance is changed. Page 13 of 17 n ISO Properties Inc. 2007 CU 00011207 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicie that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is li censed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sick ness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanc tion or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Em ployee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fuffilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employ ees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employ ees if the auto is loaned leased or rented with a driver or That holds a person or organization en gaged in the business of transporting prop erty by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 2 3 Page 14 of 17 ISO Properties Inc. 2007 CU 00011207 a | 1 |
However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are consid ered autos. 13.Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 10.Leased worker means a person leased to you by 1 1 1 I a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto..Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forkiifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 1SO Properties Inc. 2007 Page 15 of 17 m Cu 00011207 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regula tory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or The existence of tools uninstalled equip ment or abandoned or unused materials. 2 18.Property damage means 1 20. 2 a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the occur rence that caused it. With respect to the ownership maintenance or use of covered autos property damage also in cludes poliution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the ex haustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment..Retained limit means the available limits of un derlying insurance scheduled in the Declarations or the self insured retention whichever applies. Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent or the underlying insurer s consent. 22.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. o Page 16 of 17 ISO Properties inc. 2007 Cu 00011207 o | 1 |
23.Ultimate net loss means the total sum after reduction for recoveries or salvages coliectible that the insured becomes legally obligated to pay as damages by reason of settiement or judgments or any arbitration or other alternate dispute method entered into with our consent or the un derlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who pro vides any policy of insurance listed in the Sched ule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your prod uct and 2 The providing of or failure to provide warn ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 17 of 17 u ISO Properties Inc. 2007 CuU 00011207 | 1 |
COMMERCIAL LIABILITY UMBRELLA CU 00 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion u. of Paragraph 2. Exclusions of Sec tion 1 Coverage A Bodily Injury And Prop erty Damage Liability is replaced by the follow ing 2. Exclusions This insurance does not apply to u. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 3 4 B. Exclusion a.17 of Paragraph 2. Exclusions of Section Coverage B Personal And Adver tising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to a. Personal and advertising injury 17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is al leged to violate a The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law b The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording send ing transmitting communicating or distribution of material or information. CU 00 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 n | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 02 08 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2.a. If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this pol icy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation Any insured has submitted a fraudulent claim Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or The determination by the Director of 4 6 7 c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. Insurance that the continuation of the B. Paragraph 6. of the Cancellation Common Pol policy could place us in violation of the icy Condition does not apply. Nebraska Insurance Laws. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is renlaced bv the followina c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. B. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the following WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. CU 0208 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 0of 1 o | 2 |
POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 04031207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. POLICY NUMBER This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Additional Covered Employee Benefits Programs Limit Of Insurance Retained Limit Each Employee Aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages 2 Our right and duty to defend ends when COVERAGE EMPLOYEE BENEFITS we have used up the applicable limit of LIABILITY insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insur ance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any re sultant claim or suit for which we have a duty to defend. But 1 The amount we will pay for ultimate net loss is limited as described in Para graph D. Section Il Limits Of Insur ance and unless explicitly provided for under Sup plementary Payments. b. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 2 CU 04031207 IS0 Properties Inc. 2007 Page 10of 5 o | 2 |
e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local faw. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or 2 When we make settlement in accor dance with Paragraph 1.a. above or set tlement is made by the underlying in surer with our agreement. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. CU 0403 1207 ISO Properties Inc. 2007 Page 2 of 5 | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section Il Who Is An Insured are replaced by the follow ing 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. Any persons organizations or employ ees having proper temporary authoriza tion to administer your employee bene fit program if you die but only untif your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this endorsement. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organiza tion. However 1 Coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Hll Limits Of Insurance is replaced by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underlying insurance with a policy period that is non concurrent with the policy period of this endorsement the retained limit will only be reduced or exhausted by claims for that in surance that are made during the policy period or the Extended Reporting Period of this en dorsement. 2 3 2 2. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay re gardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee bene fit program. Subject to the Aggregate Limit the Each Em ployee Limit is the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a An act error or omission or b A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy pe riod is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ld CU 04031207 S0 Properties Inc. 2007 Page 3 of 5 o | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replace any similar Section in that Coverage Part. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam agesand d. Other related factors. E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Com mercial Liability Umbrella Conditions is re placed by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4 Cu 04031207 m ISO Properties Inc. 2007 Page 4 of 5 | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 6. and 21. in the Defini tions Section are replaced by the following 6. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 21. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. IS0 Properties Inc. 2007 Page 50of 5 n CU 04031207 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21 13 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion c. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Dam age Liability is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. CU 2113 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 211309 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion c. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Dam age Liability is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. CU 21130900 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA Cu21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. age which le or in part eatened in with expo nce of any building or regardless nt material tly or in any ge. g out of the leaning up detoxifying osing of or sessing the any insured Cu21271204 1S0 Properties Inc. 2003 Page 1 0f 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. IS0 Properties Inc. 2007 CU 21300108 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan 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 pu nitive damages.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Page 1 of 1 o ISO Properties Inc. 2007 CuU 21360108 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24140900 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE AUTO COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided for the ownership maintenance or use of covered autos the Coverage Form is modified as follows Paragraph 2.b.6 contained in Section Il Who Is An Insured does not apply. CU 24 14 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 o | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER LOCATION AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Il Limits of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your locations owned by or rented to you. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. CU72698 06 Page 1of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CUT2728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOW FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1 of exclusion f. Auto Coverages under Section Coverages Coverage A Bodily Injury and Property Damage Liability is replaced by the following 1 Bodily injury and property damage arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto unless coverage is provided by the insurance specifically listed on the Schedule of underlying insurance. In the event that the coverage provided by this policy applies to liability arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto then the coverage provided by this policy will not be broader than the coverage provided by the insurance specifically listed on the Schedule of underlying insurance. This exclusion does not apply to parking of an auto on or in the ways next to premises you own or rent provided the auto is not owned by rented or loaned to you. CUT2731210 Page 1of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM A. Section Coverages Coverage A Bodily B. Injury and Property Damage Liability 1. Insuring Agreement Paragraph a. is replaced by the following COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the uimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of any underlying insurance have been exhausted. We will have no duty to defend any suit that any other insurer has a duty to defend. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages Aand B. The following paragraph is added to Section Coverages Coverage A Bodily Injury and Property Damage Liability Paragraph 1. Insuring Agreement 2 This policy applies to bodily injury and property damage that is subject to an applicable retained limit. If the underlying insurance shown in the Schedule of underlying insurance in this policy is provided at limits below the Minimum Applicable Limits for underlying insurance listed on the Schedule of underlying insurance this policy does not apply.. Section Coverage B Personal and Advertising Injury Liability 1. Insuring Agreement Paragraph a. is replaced by the following COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of any underlying insurance have been exhausted. We will have no duty to defend any suit that any other insurer has a duty to defend. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damaged to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ulimate net loss is limited as described in Section HI Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU727612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page10f5 | 2 |
h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness body building or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fiting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore Law enforcement or firefighting services m Handling embalming disposal burial cremation or disinterment of dead bodies Liability arising out of any actual or alleged error misstatement misleading statement act omission neglect or breach of duty by the insured or its directors and officers in the discharge of their duties individually or collectively or any matter claimed against them solely because of their being directors and officers of the insured Liability arising out of the administration of any employee benefit programs Loss caused by any of the following which occur during the discharge of organizational duties a. Actual or alleged errors b. Misstatement or misleading statement or c. Act or omission or neglect or breach of duty by an insured Liability for errors and omissions that result in violation of odometer truth in lending used car buyers guide prior damage disclosures lemon car or competitive auto parts statutes as well as failure to properly specify loss payables on titles r Liability for errors and omissions arising from the placing of credit life accident and health insurance as well as auto physical damage insurance Liability arising out of any error or omission while acting in any fiduciary capacity t Data processing or computer software development u Services of travel agents and v Publishing printers or broadcasters This exclusion does not apply to the extent that Professional Services liability coverage is provided to you by a policy shown in the Schedule of underlying insurance. n o 3 a s J. Condition 6. Premium Audit of Section IV Conditions is replaced by the following 6. PREMIUM AUDIT a. We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Condition 5. Other Insurance of Section IV Conditions is replaced by the following 5. OTHER INSURANCE a. This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 self insurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but if we do we will be entitled to the insured s rights against all those other insurers 7612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 5 with diet building or hearing aid prescribing istration or lenses and devices armacy but if you are a ns are those services sal burial ad bodies al or alleged g statement h of duty by d officers in wdividually or imed against 2ing directors rinistration of s lowing which charge of g statement K. Cond CUT27612 10 | 2 |
c. When this insurance is excess we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all such other insurance. L. The following Definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available fimits of all underlying insurance and the self insured retention whichever applies. 24. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. 25. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance.. The following definitions under Section V Definitions are amended as follows 2. Auto item b. is deleted. 12. Mobile Equipment The last paragraph regarding mobile equipment subject to compulsory and financial responsibility law or other motor vehicle insurance law is deleted.. Section Il Who is an Insured is amended by adding the following 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 0. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai. ii and iii and paragraph 2. b.6 and do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. Page 5 of 5 Includes copyrighted material of ISO Properties Inc. with its permission. CU727612 10 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION i WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company A partner if you are a partnership A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of 1SO Properties Inc. with its permission. Page 10of 1 | 2 |
This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION COMMERCIAL LIABILITY UMBRELLA COVERAGE ENDORSEMENT A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CU0403 is replaced by the following 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and heaith club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. CU743110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUTA381109 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 1 | 2 |
A EMC Insurance Lompanies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J63142 14 K C CONCRETE PLACEMENT Eff Date 090113 Exp Date 090114 COMMERCIAL UMBRELLA WORKSHEET Account Domicile State NE Flt Chg Ra Uw Exp. Jdgmt Tran Term Term Class Prm Mod Factor Factr CC Factr Factr 4D63142 1401 General Liability Average Underwriting Mod GL10.0 001 132 0.600 0.20 44.00 MP 50.00 GL18.0 596 0.050 30.00 MP 50.00 GL19.0 596 0.100 60.00 MP 100.00 GL31.0 001 250 1.000 0.13 0.400 1.000 13.00 001 50 1.000 0.13 0.400 1.000 3.00 001 100 1.000 0.13 0.400 1.000 5.00 001 200 1.000 0.13 0.400 1.000 10.00 001 212 1.000 0.13 0.400 1.000 11.00 001 75 0.13 0.400 1.000 4.00 GL53.0 001 2313 0.371 0.19 0.400 1.000 474.00 001 370 0.371 0.19 0.400 1.000 76.00 GL58.0 001 2832 0.371 0.13 0.400 1.000 s 397.00 Total 4D63142 Premium 1193.00 4E63142 1401 Business Auto Average Underwriting Mod 0.473 CAO1.0 1 302 0.405 0.12 0.450 1.000 40.00 CA02.0 2 302 0.405 0.12 0.450 1.000 40.00 3 302 0.405 0.12 0.450 1.000 40.00 4 302 0.405 0.12 0.450 1.000 S 40.00 5 302 0.405 0.12 0.450 1.000 40.00 4 6 350 0.405 0.12 0.450 1.000 47.00 7 350 0.405 0.12 0.450 1.000 47.00 Date of Issue 082113 BPP CONTINUED Rating Worksheet BPP 060613 003 MB 4J63142 1401 K C CONCRETE PLACEMENT Eff Date 090113 Exp Date 0901 COMMERCIAL UMBRELLA WORKSHEET Flt Chg Ra Uw Exp. Jdgmt Tran Term Term Class Prm Mod Factor Factr CC Factr Factr Premium 4D63142 1401 General Liability Average Underwriting Mod GL10.0 001 132 0.600 0.20 GL18.0 596 0.050 s 30. MP 50. GL19.0 596 0.100 60. MP 100. GL31.0 001 250 1.000 0.13 0.400 1.000 13. 001 50 1.000 0.13 0.400 1.000 3.0 001 100 1.000 0.13 0.400 1.000 5.0 001 200 1.000 0.13 0.400 1.000 10. 001 212 1.000 0.13 0.400 1.000 11. 001 75 0.13 0.400 1.000 4.0 GL53.0 001 2313 0.371 0.19 0.400 1.000 474. 001 370 0.371 0.19 0.400 1.000 76. GL58.0 001 2832 0.371 0.13 0.400 1.000 397. Total 4D63142 Premium 1193. 4E63142 1401 Business Auto Average Underwriting Mod 0.473 CAO1.0 1 302 0.405 0.12 0.450 1.000 40.0 CA02.0 2 302 0.405 0.12 0.450 1.000 s 40.0 3 302 0.405 0.12 0.450 1.000 40.0 4 302 0.405 0.12 0.450 1.000 40.0 5 302 0.405 0.12 0.450 1.000 3 40.0 4 6 350 0.405 0.12 0.450 1.000 47.0 7 350 0.405 0.12 0.450 1.000 47.0 GL18.0 nan nan nan nan 596.0 nan nan nan nan 0.05 GL19.0 nan nan nan nan 596.0 nan nan nan nan 0.1 e SRS Sy U Uy Uy U nan nan nan nan 2313.0 nan 370.0 nan nan nan 0.371 nan 0.371 nan nan nan nan 0.4 nan 0.4 nan nan nan nan 1.0 nan 1.0 nan nan nan nan 2832.0 0.371 0.13 nan nan nan nan 1.0 | 2 |
A EMC Insurance ompanies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J63142 14 K C CONCRETE PLACEMENT Eff Date 090113 Exp Date 090114 Flt Chg Ra Uw Exp. Jdgmt Tran Term Term Class Prm Mod Factor Factr CC Factr Factr Premium CAl12.0 114 1.000 0.14 16.00 143 0.14 20.00 MP 50.00 CAl9.0 142 0.25 36.00 MP 50.00 Total 4E63142 Premium 394.00 CU01.4 0 Retained Limit Charge 75.00 Total Cumulative Premium 1662.00 Premium Summary CUo0l.0 1st Million Treaty Premium CU02.0 2nd Million Computed Treaty Premium Cuo02.1 2nd Million Balance to Minimum Total Cumulative Premium Terrorism Charges TR01.0 1st Million Treaty Terrorism Premium 17.00 TR02.0 2nd Million Treaty Terrorism Premium 9.00 Total Umbrella Premium 2599.00 pate of Issue 082113 BPP Rating Worksheet BPP 060613 003 VB 1563142 1401 K C CONCRETE PLACEMENT Flt Chg Class Prm CAl12.0 114 143 CAl9.0 142 Ra Uw Mod Eff Date 090113 Exp Date 0901 Exp. Jdgmt Tran Term Term Factor Factr CC Factr Factr Premium 0.14 16. 0.14 20 MP 50. 0.25 Total 4E63142 Premium 394. Premium Summary Cuo02.0 Total 4H63142 Premium 0.1 CU01.4 0 Retained Limit Charge Total Cumulative 1662 1st Million Treaty Premium 1662. 2nd Million Computed Treaty Premium 869. 2nd Million Balance to Minimum 42 Cuo2.1 Terrorism Charges Premium 911. Total Cumulative Premium 1st Million Treaty Terrorism Premium 2nd Million Treaty Terrorism Premium Total Terrorism Premium Total Umbrella Premium 2599. CAl12.0 nan nan nan nan 114.0 1.0 0.14 nan 143.0 0.14 CAl9.0 nan nan nan nan 0.25 nan nan nan nan 142.0 4H63142 140 Employers Liability EL01.0 Premium Summary Cuo02.0 Cuo2.1 Terrorism Charges TR02.0 | 2 |
A EMIC Insurance ompanies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 4J6 31 42 14 K C CONCRETE PLACEMENT Transaction Renewal01 TRANSACTION INFORMATION Policy Term 09012013 to 09012014 Trans Date 09012013 Account Name K C CONCRETE PLACEMENT CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method D CDB Audit Frequency N Profit Share Y SIC 1771 Account Original Eff Date 09012003 Type of Policy Monoline 10 Trans Premium 2599.00 Policy ID BC Commission 15.0 Premium 2599.00 Date of Issue 082113 BPP STAT OM BPP 060613 003 VB 1763142 1401 K C CONCRETE PLACEMENT Transaction Renewal01 TRANSACTION INFORMATION Policy Term 09012013 to 09012014 Trans Date 09012013 Account Name K C CONCRETE PLACEMENT CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method D CDB Audit Frequency N Profit Share Y Policy Term 09012013 to 09012014 Account Name K C CONCRETE PLACEMENT Account Mailing State NE Financing N Audit Frequency N SIC 1771 Account Original Eff Date 09012003 Policy ID BC Commission 15.0 nium | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy Allianz | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF DECLARATIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representa tive. Secretary KAQ P President and Chief Executive Officer e v AGR DS 1003 11 14 Page 10of 1 | 2 |
Allianz Global Risks US Insurance Company Hereinafter called the Company 2350 Empire Avenue Burbank CA 91504 3350 Commercial Umbrella Liability Declarations Policy NO. ULA 2005988 Producer mnb AR Metallizing Limited Lockton Companies LLC INSURED 444 W 47th St 900 AND 24 Forge Park Kansas City MO 641121906 MAILING ADDRESS Franklin MA 02038 Item 2. Policy Period From August 31 2015 To August 312016 At 1201 AM. Standard Time at the Address of the Named Insured shown above. Item 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy are A S 5000000 Each Occurrence B. 5000000 General Aggregate in accordance with Section Ill Limits of Insurance. c s Combined with Item 3B above progycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 100000 self Insured Retention Item 4. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 19400 19400 Certified Terrorism Flat 2500 2500 Rate Per Flat Flat Advance Premium 19400 2500 Minimum Premium 19400 2500 Item 5. Endorsements Forms and Endorsements applying to this coverage and made a part of this policy at time of issue. Per Forms and Endorsement List Countersigned by Authorized Representative Date AGR CU 1001 01 04 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED AR Metallizing Limited POLICY NUMBER ULA 2005988 EFFECTIVE DATE 8312015 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice All States Policyholder Notice OFAC Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Professional Liability Exclusion Aircraft or Watercraft Liability Exclusion Electromagnetic Radiation Exclusion Tobacco and Tobacco Products Exclusion Fuel Oxygenates Exclusion Fungi or Bacteria Exclusion Lead Silica or Silica Related Dust Exclusion Exclusion Persistent Organic Pollutants Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses From Certified Acts of Terrorism Limits Inclusive of Settlement Costs Limits of Liability Amendatory Endorsement Schedule of Approved Crisis Management Firms Crisis Management Response Cost and Crisis Management Loss Cost Coverage Extension Endt. Limitation Endt Access or Disclosure of Confidential or Personal Information and Data Related Liab Formaldehyde Exclusion FORM NUMBER AGR IL 8001 07 14 AGR IL 8003 01 05 AGR CU 2001 07 11 AGR CU 1501 02 13 AGR CU 5010 01 04 AGR CU 5015 01 04 AGR CU 5019 01 04 AGR CU 5026 01 04 AGR CU 5028 01 04 AGR CU 5031 01 04 AGR CU 5036 01 04 AGR CU 5038 07 11 AGR CU 5040 07 11 AGR CU 5043 01 15 AGR CU 5501 01 04 AGR CU 5504 01 04 AGRL CU 1601 01 13 AGRL CU 2002 01 13 AGRL CU 5018 05 14 AGR IL M002 11 03 EDITION DATE 072014 012005 072011 022013 012004 012004 012004 012004 012004 012004 012004 072011 072011 012015 012004 012004 012013 012013 052014 112003 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE ALL STATES Allianz Global Risks US Insurance Company 24 Hour Emergency Claims Service TO OBTAIN INFORMATION FILE A CLAIM OR TO MAKE A COMPLAINT You may call Allianz Global Risks US Insurance Company s toll free number at Phone 1800 558 1606 or 1 314 513 1353 from outside the United States Fax 1888 323 6450 or 1 314 513 1345 from outside the United States To report a claim via e mail NewLossagcs.allianz.com You may also write to Allianz Global Corporate Specialty Attn FNOL Claims Unit One Progress Point Parkway 3rd Floor OFallon MO 63368 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AGR IL 8001 07 14 Page 1 of 1 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Allianz COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section IV Definitions. In consideration of the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. SECTION COVERAGE A. We will pay on behalf of the insured those sums in excess of the Retained Limit that the insured becomes legally obligated to pay as damages by reason of liability imposed by law or assumed by the insured under an insured contract because of bodily injury property damage personal injury or advertising injury to which this insurance applies. However 1. The amount we will pay for damages is limited as described in Section Ill Limits of Insurance and 2. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il Defense. B. This policy applies to bodily injury or property damage only if 1. The bodily injury or property damage is caused by an occurrence that takes place anywhere in the world The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 2. of the definition of insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. C. This policy applies to personal injury or advertising injury only if 1. The personal injury or advertising injury is caused by an offense arising out of your business and 2. The personal injury or advertising injury is committed during the policy period and takes place anywhere in the world. D. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. E. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim AGR CU 2001 07 11 Page 1 of 20 | 0 |
Allianz 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injuryinclude damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. If we are prevented by law or otherwise from paying such sums on the insured s the insured for such sums that we would otherwise have been obligated to pay. behalf we will reimburse SECTION Il DEFENSE A. Duty to Defend 1. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance applies even if the suit is groundless false or fraudulent a. When all applicable limits of scheduled underlying insurance have been exhausted by payment of damages to which this insurance applies or b. When damages sought for bodily injury property damage personal injury or advertising injury are covered by this policy but are not covered by any scheduled underlying insurance. When we have the duty to defend we will have the right to investigate the occurrence and settle any resultant claim or suit. In the event of bankruptcy or insolvency of an insurer of the scheduled underlying insurance our defense obligations will apply as if such insurance were in full effect. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. Our duty to defend ends when we have used up the applicable Limits of Insurance in the payment of judgments or settlements. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance does not apply. When we have no duty to defend we will have the right to participate in the defense of the insured against any suit seeking damages to which this insurance may apply. When we have no duty to defend the insured but elect to participate in the defense we will pay our own expenses. However we will not contribute to the payment of expenses of the insured or an insurer of scheduled underlying insurance nor contribute to Supplementary Payments items 1.b. through 1.g. below. B. Supplementary Payments 1. If we assume the defense of any suit against an insured that seeks damages covered by this policy we will pay in addition to the applicable Limits of Insurance a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. c. The cost of appeal bonds required by law to appeal a judgment in any suit we defend but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. AGR CU 2001 07 11 Page 2 of 20 Page 2 of 20 | 1 |
Allianz e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on our portion of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance. These payments will not reduce the Limits of Insurance. 2. We will not contribute to the expenses of an insurer of scheduled underlying insurance. SECTION Il LIMITS OF INSURANCE. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made suits brought or number of vehicles involved 3. Persons or organizations making claims or bringing suits or 4. Coverages provided under this policy.. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance.. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard.. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence.. The Aggregate Limits of this policy as described in Paragraphs B. and C. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If the applicable limits of insurance of the scheduled underlying insurance are reduced or exhausted by payment of damages for occurrences to which this insurance applies we will 1. Inthe event of reduction pay in excess of the reduced underlying limits of insurance or 2. In the event of exhaustion continue in force as the applicable policy of scheduled underlying insurance subject to the terms and conditions of this policy.. We will be liable only for that portion of damages in excess of the Retained Limit. AGR CU 2001 07 11 Page 3 of 20 | 1 |
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