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CONTRACTORS LIMITATION ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 6 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply 1. to any liability for property damage to property leased or rented to used by or in the care custody or control of the insured or as to which the insured is for any purpose exercising physical control 2. to any liability for property damage arising out of a. blasting or explosion other than the explosion of air or steam vessels piping under pressure prime movers machinery or power transmitting equipment or b. the collapse of or structural injury to any building or structure due to i grading of land excavation borrowing filling or back filling tunneling pile driving coffer dam work or caisson work or ii moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support thereof or c. injury to or destruction of wires conduits pipes mains sewers tanks tunnels and any similar property and any apparatus in connection therewith beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. 3. to any liability assumed by the insured under any contract unless such liability under 1 2 or 3 above is covered by valid and collectible underlying insurance as listed in the Schedule of underlying insurance and then only for such hazards for which coverage is afforded under said underlying insurance. 4. to any liability arising out of a. any project insured under an Owner Controlled Insurance Program O.C.I.P Contractor Controlled Insurance Program C.C.I.P or wrap up program or any similar program or rating plan b. the rendering of or failure to render any professional services performed by or on behalf of the insured including but not limited to the preparation or approval or failure to prepare or approve of maps plans shop drawings opinions reports surveys designs change orders field orders or specifications and any supervisory inspection architectural surveying or engineering services or activities. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20750 0806 | 2 |
RESIDENTIAL STUCCO EIFS EXCLUSION ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 7 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury related to any residential dwelling and arising in whole or in part out of the sale distribution design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an Exterior Insulation and Finish System EIFS synthetic stucco or any similar product or system or any part thereof including the application or use of paints conditioners primers accessories flashings coatings caulkings or sealants in connection with such a product or system. Residential dwelling means any single family dwelling condominium townhouse multifamily dwelling cooperative apartment building or other residential property. Except insofar as coverage is provided in the underlying policy of insurance this exclusion will not apply to commercial buildings. All other terms and conditions of this policy remain unchanged. Authorized Agent XS20772 0806 Page 1 of 1 | 2 |
FUNGI OR BACTERIA EXCLUSION Named Insured Dillard s Inc. Endorsement Number 8 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to bodily injury property damage or personal and advertising injury. Fungi means any type or form of fungus mold mildew mycotoxins spores or scents or by products produced or released by fungi but does not include any fungi intended by the insured for human consumption. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20779 0806 Page 1 of 1 | 2 |
CANCELLATION AMENDATORY ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 9 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Parts 1. 2. 5 and 6. of Condition D of Section VI CONDITIONS are deleted and replaced by the following 1. This policy may be cancelled by you by mailing to us written notice stating when such cancellation shall be effective. 2. This policy may be cancelled by us by mailing to you at your last known address written notice stating when not less than ninety 90 days thereafter ten 10 days if cancellation is for non payment of any unpaid portion of the premium such cancellation shall be effective. The mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. Under no circumstance will our notice of cancellation to you be less than the minimum required by State law or regulation. 5. If you cancel earned premiums shall be computed in accordance with the applicable short rate table or procedure. If we cancel earned premium shall be computed pro rata. 6. Premium adjustment may be made at the time cancellation becomes effective. our check or the check of our representative mailed to you shall be sufficient proof of any refund or premium due you. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20782 0806 Page 1 of 1 | 2 |
CROSS SUITS EXCLUSION Named Insured Dillard s Inc. Endorsement Number 10 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of any claim or suit by one Named Insured against another Named Insured. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20796 0806 Page 1 of 1 | 2 |
EARTH MOVEMENT EXCLUSION Named Insured Dillard s Inc. Endorsement Number 11 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of any earth or land movement including but not limited to subsidence sinking rising settling tilting shifting falling away caving in erosion or mud flow caused by or arising out of your work. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20803 0806 | 2 |
PROFESSIONAL SERVICES LIABILITY EXCLUSION ABSOLUTE Named Insured Dillard s Inc. Endorsement Number 12 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of the providing of or failing to provide any services of a professional nature. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1of 1 XS20819 0806 | 2 |
UNIMPAIRED AGGREGATE ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 13 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The Limits of Insurance of this policy shall not apply in excess of any reduced or exhausted underlying aggregate limit of liability to the extent that such reduction or exhaustion is the result of any injury damage expense cost loss liability or legal obligation which is not covered by this policy. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20827 0806 | 2 |
LEAD EXCLUSION Named Insured Dillard s Inc. Endorsement Number 14 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1of 1 XS20854 0806 | 2 |
SILICA OR SILICA RELATED DUST EXCLUSION Named Insured Dillard s Inc. Endorsement Number 15 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION V. EXCLUSIONS is amended to include the following additional exclusion. This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. 4. 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. SECTION VII. DEFINITIONS is amended to include the following additional 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 of this policy remain unchanged. Authorized Agent XS26431 0209 Page 1of 1 | 2 |
UNSOLICITED COMMUNICATIONS EXCLUSION AMENDMENT TO INCLUDE FACTA Named Insured Endorsement Number Dillard s Inc. 16 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Section V. EXCLUSIONS Item V. Unsolicited Communications is deleted and replaced with the following V. Recording and Distribution of Material or Information in Violation of Law Bodily injury property damage or personal and advertising injury arising out of any form of communication including but not limited to facsimile electronic mail posted mail or telephone that violates or is alleged to violate 1. 2. 3. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. Authorized Representative XS34018 0112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION L. INSURING AGREEMENT is amended to include the following Catastrophe Management Cost Limit of Insurance 250000 Annual Limit Catastrophe Management Coverage A. Subject to the terms and conditions of this endorsement we will pay catastrophe management costs to third parties at the request of and on behalf of the insured arising from a catastrophe management event first commencing during the policy period up to the amount of the catastrophe management costs Limit of Insurance shown in the Declarations. B. A catastrophe management event will be deemed to first commence at the time during the policy period when a key executive first becomes aware of an occurrence that gives rise to the catastrophe management event and will end when we determine that any one of the necessary elements listed in the definition of a catastrophe management event no longer exists or when the catastrophe management cost Limit of Insurance shown in the Declarations has been exhausted whichever occurs first. C. There will be no retained limit applicable to catastrophe management costs except as it applies to a determination of whether the definition of catastrophe management event applies. D. Payment of catastrophe management costs will not be applied to or erode the aggregate limits of the policy. E. Any payment of catastrophe management costs that we make under the coverage provided by this endorsement will not 1 be a determination of any other rights or obligations under this policy 2 create any duty to defend any suit under any other part of this policy or 3 operate as a waiver of any right or defense we have with respect to the coverage under the policy including Condition F. Duties in the event of occurrence claim or suit. F. For purposes of this endorsement the following definitions are added to the policy Adverse media coverage means national or regional news exposure in television radio print or internet media that is reasonably likely to have a negative impact on the insured with respect to its income reputation community relations public confidence or good will. Catastrophe management event means an occurrence that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage or personal and advertising injury covered by this policy 2 damages that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1of 2 | 2 |
event will include occurrences resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. Catastrophe management firm means any firm that is approved by us and hired by you or us to perform catastrophe management services in connection with a catastrophe management event. Catastrophe management services means those services performed by a catastrophe management firm in advising the insured on minimizing potential harm to the insured from a covered catastrophe management event by managing adverse media coverage and maintaining and restoring public confidence in the insured. Catastrophe management costs means the following reasonable and necessary expenses incurred during a catastrophe management event and directly caused by the catastrophe management event but only to the extent that the insured or a third party arranges for such services resulting in these expenses and the expenses are pre approved by us 1. expenses incurred by a catastrophe management firm in the performance of catastrophe management services for the insured 2. expenses for printing advertising mailing of materials or travel by directors officers employees or agents of the insured or the catastrophe management firm incurred at the direction of a catastrophe management firm expenses to secure the scene of a catastrophe management event 3. medical expenses funeral expenses expenses for psychological counseling travel expenses temporary living expenses or other necessary response costs and approved by us incurred by or advanced to third parties directly harmed by the catastrophe management event. Catastrophe management costs do not include any defense costs. Key executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the insured is a partnership or sole proprietor if the insured is a sole proprietorship of the insured. A key executive also means any other person holding a title designated by you approved by us and shown by endorsement to this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Named Insured Endorsement Number Dillard s Inc. 18 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in this endorsement or in the policy Declarations. 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. 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. Terrorism Risk Insurance Act premium 30753. Authorized Agent Includes copyrighted material of Insurance Services office Inc. with its permission TRIA11b 108 | 2 |
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Named Insured Dillard s Inc. Endorsement Number 19 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5000000 in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. In the event that any certified act of terrorism is not covered by underlying insurance or any other insurance due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limits of insurance the following applies 1. The Limits of Insurance of the Declarations is amended to include Certified act of terrorism retained limit 1.000.000. 2. Certified act of terrorism retained limit means the amount stated above which is the amount of losses that you will pay in the settlement of any claim or suit arising directly or indirectly out a certified act of terrorism which is covered by this policy but not covered by the underlying insurance or any other insurance providing coverage to the insured due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limit of insurance. Certified act of terrorism does not include any costs of investigation settlement or defense and such costs shall not erode the certified act of terrorism retained limit. 3. Solely with respect to this endorsement Section Ill. Defense Provisions and Supplement Payments is amended as follows a. With respect to any certified act of terrorism to which this policy applies and no underlying insurance or other insurance applies due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limit of insurance we shall not be called upon to assume charge of the investigation settlement or defense of such suit against the insured seeking damages on account of bodily injury property damage personal or advertising injury or injury or damage to the environment arising directly or indirectly out of a certified act of terrorism. However we shall have the right and be given the opportunity to be associated in the defense and trial of any such suit relative to any certified act of terrorism which in our opinion may create liability on our part under the terms of this policy. X23669 012008 Includes copyrighted material of Insurance Services office Inc. with its permission Page 1 of 2 Page 1 0of 2 | 2 |
We shall have no obligation to defend the insured in such suit until the insured s losses which exclude any costs of investigation settlement or defense have exceeded the certified act of terrorism retained limit. Once such losses have exceeded the certified act of terrorism retained limit we will assume charge of the settlement or defense of any such suit. We may make such investigation as we require and effect settlement of any suit so defended. We shall not be obligated to defend any suit after the applicable limits of this policy have been exhausted. All other terms and conditions of this policy remain unchanged. Authorized Representative XS23669 012008 Includes copyrighted material of Insurance Services office Inc. with its permission Page 2 of 2 | 2 |
ARKANSAS CHANGES CANCELLATION NONRENEWAL AND STATE REQUIRED CONDITIONS Named Insured Endorsement Number Dillard s Inc. 20 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS LIABILITY POLICY EXCESS LIABILITY CATASTROPHE POLICY A. The Cancellation Condition is replaced by the following 1. 2. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. a. If this policy is cancelled we will send the first Named Insured any premium refund due. 6. b. We will refund the pro rata unearned premium if the policy is 1 Cancelled by us or at our request 2 Cancelled but rewritten with us or in our company group 3 Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance or 4 Cancelled after the first year of a prepaid policy that was written for a term of more than one year. c. If the policy is cancelled at the request of the first Named Insured other than a cancellation described in b.2 3 or 4 above we will refund 90 of the pro rata unearned premium. However the refund will be less than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. d. The cancellation will be effective even if we have not made or offered a refund. e. If the first Named Insured cancels the policy we will retain no less than 100 of the premium subject to the following 1 We will retain no less than 250 of the premium for the Boiler And Machinery Coverage Part. 2 We will retain the premium developed for any annual policy period for the General Liability Classifications if any shown in the Declarations. 3 If the Commercial Auto Coverage Part covers only snowmobiles or golfmobiles we will retain 100 or the premium shown in the Declarations whichever is greater. 4 If the Commercial Auto Coverage Part covers an auto with a mounted amusement device we will retain the premium shown in the Declarations for the amusement device and not less than 100 for the auto to which it is attached. If notice is mailed proof of mailing will be sufficient proof of notice. XS15921 0704 Reprinted with permission of Insurance Services Office Page 1 of 2 Page 1 of 2 | 2 |
7. Cancellation Of Policies In Effect More Than 60 Days a. If this policy has been in effect more than 60 days or is a renewal policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy 3 The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance 4 Violation of any local fire health safety building or construction regulation or ordinance with respect to any insured property or its occupancy which substantially increases any hazard insured against under the policy 5 Nonpayment of membership dues in those cases where our by laws agreements or other legal instruments require payment as a condition of the issuance and maintenance of the policy or 6 A material violation of a material provision of the policy. b. Subject to Paragraph 7.c. if we cancel for 1 Nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 10 days before the effective date of cancellation. 2 Any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 20 days before the effective date of cancellation. 3 If we cancel for nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 10 days before the effective date of cancellation 4 If we cancel for any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 20 days before the effective date of cancellation. B. The following Condition is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail to the first Named Insured shown in the Declarations written notice of nonrenewal at least 60 days before a. lts expiration date or b. Its anniversary date if it is a policy written for a term of more than one year and with no fixed expiration date. However we are not required to send this notice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail our notice to the first Named Insured s mailing address last known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Authorized Agent XS15921 0704 Reprinted with permission of Insurance Services Office Page 2 of 2 | 2 |
TEXAS EMPLOYERS LIABILITY ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 21 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY With regard to Bodily injury to an employee of the insured who is employed solely in the state of Texas 1. This insurance only applies to a. Bodily injury by accident or bodily injury by disease b. Bodily injury arising out of and in the course of the injured employee s employment by the insured in the state of Texas c. Bodily injury by accident that occurs during the policy period and d. Bodily injury by disease that is caused or aggravated by the conditions of the insured s employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 2. This insurance does not apply to any loss payable under Worker s Compensation Law or Occupational Disease Law of Texas if the insured is or becomes subject to that law. 3. Solely as respects the coverage granted by this endorsement this policy will apply excess of the retained limit as follows Bodily injury by Accident 5000000 Each Accident Bodily injury by Disease 5000000 Each Employee For the purposes of this endorsement only retained limit means the amount of damages which the insured becomes legally obligated to pay as damages because of Bodily injury caused by an occurrence to which this insurance applies. 4. We shall not be called upon to assume charge of the investigation settlement or defense of any suit brought or proceedings instituted against the insured but we shall have the right and be given the opportunity to be associated in the defense and trial of any such suits or proceedings relative to any occurrence which in our opinion may create liability on the part of us under the terms of this policy. If we avail ourselves to such right and opportunity we shall do so at our own expense. All other terms and conditions of this policy remain unchanged. Authorized Representative XS23785 012008 Page 1of 1 | 2 |
INDUSTRIAL AID AIRCRAFT ENDORSEMENT MULTIPLE LIMITS Named Insured Endorsement Number Dillard s Inc. 22 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows I. LIMITS OF INSURANCE of the DECLARATIONS is amended to include the following additional Self Insured Retention Applicable to 2012 Learjet 45XR N916BD 2012 Learjet 45XR. N917BD and 2012 Learjet N918BD 50.000000 Industrial Aid Aircraft Self Insured Retention Each Occurrence. As respects claims and suits seeking damages for bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned by or rented or loaned to any insured. Use includes operation and loading and unloading. Applicable to 2003 Gulfstream V. N914BD and 2005 Gulfstream V. N50HA 250000000 Industrial Aid Aircraft Self Insured Retention Each Occurrence. As respects claims and suits seeking damages for bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned by or rented or loaned to any insured. Use includes operation and loading and unloading. For the purpose of this endorsement only Section lll. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph A. is deleted in its entirety and replaced by the following We will have no duty to defend any suit against the insured. We will however have the right but not the duty to participate in the defense of any suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. For the purpose of this endorsement only Section Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph D. is deleted in its entirety.. Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Industrial Aid Aircraft Self Insured Retention applies whether or not there is any available Scheduled underlying insurance or other insurance. The Industrial Aid Aircraft Self Insured Retention will not be reduced by defense expenses. For the purpose of this endorsement only and solely with respect to any and all references to aircraft Section V. EXCLUSIONS Paragraph A. is deleted in its entirety and replaced by the following A. Aircraft This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and 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 by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. MS26179 1113 2013 Page 10of 2 MS26179 1113 Page 1 of 2 | 2 |
This exclusion does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading and unloading. It is understood that any and all references to watercraft in Section V. EXCLUSIONS Paragraph A. remains unchanged unless amended by separate endorsement. VI. For the purpose of this endorsement only Section VII. DEFINITIONS is amended to include the following addition definitions Defense expenses means any payment allocated to a specific loss claim or suit for its investigation settlement or defense including but not limited to 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 in any claim or suit pre judgment interest awarded against the insured and interest that accrues after entry of judgment OO AW Industrial aid aircraft means aircraft with a maximum passenger capacity of twenty 20 persons including crew used predominantly for business travel of employees and their non fee paying passenger guests. All other terms and conditions of this policy remain unchanged. Authorized Representative 2013 MS26179 1113 Page 2 of 2 | 2 |
IMPORTANT NOTICE REGARDING SCHEDULE OF UNDERLYING INSURANCE Please review the Schedule of Underlying Insurance on the enclosed policy and if any changes to this schedule need to be made please notify us immediately. Also if any of this information changes during the year please notify our office so we can make the necessary changes | 2 |
POLICY NUMBER BSPKG0210606 OLICY NUMBER BSPKG0210606 COMMERCIAL LIABILITY UMBRELLA CU DS 0109 00 COMMERCIAL LIABILITY UMBRELLA DECLARATIONS ARCH INSURANCE COMPANY W. H. BROWNYARD CORPORATION 21 MAPLE AVENUE PO BOX 9175 BAY SHORE NY 11706 NAMED INSURED VETERANS OF FOREIGN WARS OF THE UNITED STATES MAILING ADDRESS 406 WEST 34 STREET KANSAS CITY MISSOURI 64111 POLICY PERIOD FROM 90116 TO 90117 AT 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR 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. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT LIABILITY COVERAGE 1000000. PERSONAL ADVERTISING INJURY LIMIT 1000000. Any one person or organization AGGREGATE LIMIT LIABILITY COVERAGE except with respect to covered autos 1000000. OTHER DESCRIPTION OF BUSINESS FORM OF BUSINESS O INDIVIDUAL O PARTNERSHIP 0O JOINT VENTURE O LIMITED LIABILITY COMPANY X ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY CORPORATION BUSINESS DESCRIPTION SECURITY OPERATIONS ARCH INSURANCE COMPANY W. H. BROWNYARD CORPORATION 21 MAPLE AVENUE PO BOX 9175 BAY SHORE NY 11706 ARCH INSURANCE COMPANY O PARTNERSHIP 0O JOINT VENTURE LITY COMPANY X ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY CORPORATION CU DS 0109 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 4 o | 2 |
ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY PREMIUM Subject Premium of Employers Liability Cover age x Umbrella Factor A NA Subject Premium of Comm. Gen. Liability Cov erage INCLUDED X Umbrella Factor NCLUDED INCLUDED Subject Premium of Commercial Auto Coverage x Umbrella Factor nya NA Subject Premium of Other Coverages x Umbrella Factor A N A Other Premium x Umbrella Factor NA Sub total Premium.2500. Certified Acts of Terrorism STATE TAX OR OTHER if applicable 23.009 of Premium TOTAL PREMIUM SUBJECT TO AUDIT.2523. PREMIUM SHOWN IS PAYABLE AT INCEPTION 2523 AT EACH ANNIVERSARY IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS AUDIT PERIOD IF APPLICABLE O ANNUALLY O SEMI I O QUARTERLY O MONTHLY ANNUALLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY SEE FORMS INDEX ubject Premium of Commercial Auto overage ubject Premium of Other overages ther Premium ertified Acts of Terrorism 09 of Premium REMIUM SHOWN IS PAYABLE THER if applicable SUBJECT TO AUDIT e A Ny Page 2 of 4 Copyright Insurance Services Office Inc. 2000 CU DS 01 09 00 a | 2 |
RETAINED LIMIT 1. SELF INSURED RETENTION 10000. 2 SCHEDULE OF UNDERLYING INSURANCE Employers Liability Company NOT COVERED BY THIS UMBRELLA POLICY Policy Number Policy Period Minimum Applicable Limits Bodily injury by accident Bodily injury by disease Bodily injury by disease L IR IR IRV Each Accident Each Employee Policy Limit Each Acci dent Occurrence Commercial General Liability X Occurrence Company ARCH INSURANCE COMPANY O Claims Made Policy Number BSPKG0210506 Policy Period 90116 90117 Minimum Applicable Limits General Aggregate 5000000. Products Completed Operations Aggregate 5000000. Personal And Advertising Injury 1000000. Each Occurrence 1000000. Commercial Auto Liability Company NOT COVERED BY THIS UMBRELLA POLICY Policy Number Policy Period Minimum Applicable Limits Garage Aggregate Limit For Other Than Autos if applicable Each Accident Other Coverages O Occurrence NOT COVERED BY THIS UMBRELLA POLICY Company O Claims Made Policy Number Policy Period Minimum Applicable Limits Bodily injury by accident Bodily injury by disease Bodily injury by disease ce e Limit For Other Than le CU DS 0109 00 Copyright Insurance Services Office Inc. 2000 Page 3of 4 o | 2 |
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Countersigned By w Ohaomce. d ld.c. Date Authorized Representative 100616 MH jsc NOTE OFFICERS FACSIMILE SIGNATURES MAY BE INSERTED HERE ON THE POLICY COVER OR ELSEWHERE AT THE COMPANY S OPTION. Page 4 of 4 Copyright Insurance Services Office Inc. 2000 CU DS 01 09 00 m | 2 |
Arch Insurance Group Signature Page IN WITNESS WHEREOF Arch Insurance Company has caused this policy to be executed and attested. j o Patrick K. Nails Secretary vl John Mentz President Page 1 of 1 05 ML0002 00 12 14 | 2 |
FORMS INDEX POLICY NUMBER BSPKG0210606 CUDS010900 05ML0002001214 CU00010413 00CLU0037000706 00CLU0044000706 00CLU0046000806 00CLU0024000113 00CLU0041000706 00CLU0042000706 00CLU0043000706 00CLU0034000706 00CLU0029000706 00CLU0035000706 00CLU0038001111 00CLU0039000706 CU21230202 CU21300115 CU21860514 CU00021202 CU21511205 00ML0065000607 00ML0207001103 00CLU0025000706 CU01360900 CU02050900 Commercial Liability Umbrella Declarations Signature Page Commercial Liability Umbrella Coverage Form Coverage Extension Endorsement Follow Form Security Guard or Janitorial Errors And Omissions Liability Coverage Endorsement Follow Form Assault And Battery Personal Injury Liability Extension Endorsement Securities And Financial Interests Exclusion Intercompany Products Suits Exclusion Radon Testing Or Operations Exclusion Unimpaired Aggregate Limits Endorsement Lost Key Liability Exclusion Theft Exclusion Alarm Systems Exclusion Canine Liability Exclusion Nuclear Energy Liability Exclusion Endorsement Cap on Losses from Certified Acts of Terrorism Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception War Liability Exclusion Total Pollution Exclusion With A Hostile Fire Exception U.8.Treasury Department s Office of Foreign Assets Control OFACAdvisory Notice to Policyholders Special Restriction Security Endorsement Follow Form Errors Omissions Endorsement Missouri Changes Missouri Changes Cancellation and Nonrenewal CU00021202 CU21511205 00ML0065000607 00ML0207001103 00CLU0025000706 CU01360900 CU02050900 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. e No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Insurance Services Office Inc. 2012 CU 00010413 Page 1 of 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 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. f. Damages. because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The 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 even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Page 2 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 3 of 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 4 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Page 4 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
a 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 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. r. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. s. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 2 3 4 5 6 8 10 1 12 13 Legal accounting or advertising services Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing services Services in the practice of pharmacy Law enforcement or firefighting services and Handling embalming disposal burial cremation or disinterment of dead bodies. CU 00010413 Insurance Services Office Inc. 2012 Page 5 of 18 | 1 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or. from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Ill 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 4 Page 6 of 18 Insurance Services Office Inc. 2012 CU 000104 13 | 1 |
2. Exclusions This i insurance does not apply to a. Personal and advertising injury W 2 4 5 8 U 8 Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Avrising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Avrising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i ii or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or i above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications 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 nursing services treatment advice or instruction f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instructon for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and h G m Handling embalming disposal burial 16 cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Insurance Services Office Inc. 2012 Page 8 of 18 CU 00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution 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 investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. 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 insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the c Notify any other insurer whose coverage is available to the indemnitee and Insurance Services Office Inc. 2012 CU00010413 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2 3 4 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by 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. Page 10 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. o 2 3 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to acovered 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. 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. 5 A partner if you are a partnership or a member f you are a limited liability company for a covered auto owned by him or her or a member of his or her household. 6 Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. b not apply to personal jury arising out of an before you acquired or ation. bility arising out of the or use of covered 1 g with your permission a m hire or borrow is also one else from whom you 1 covered auto. This arnhy f the amserad CU 00010413 Page 11 of 18 Insurance Services Office Inc. 2012 | 1 |
SECTION Iil LIMITS OF INSURANCE 1.. Subject to Paragraph 2. above The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B. the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or sui A ight or number of making claims or ate net loss roperty damage maintenance or ve the Each will pay for the jer Coverage A and property currence. e Personal And ost we will pay Page 12 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
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 4 Assist us upon our request in the enforcement of any right against any person or organization which may be fiable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the 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 computation and send us copies at such times as we may request.. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. quest in the t against any h may be liable jury or damage also apply. t insured s own nt assume any e other than for right under this se bring us into n an insured or US 10 recover on 1 final judgment not be liable for der the terms of in excess of the greed settlement of liability signed claimant or the Insurance Services Office Inc. 2012 CU 00010413 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulaton or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury.. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America.. Covered auto means only those autos to which underlying insurance applies.. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipalit connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by 1 12. 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 inor on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 20 f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Insurance Services Office Inc. 2012 Page 16 of 18 CU 00010413 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes poliution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2 s cost ory or red or emove in any cts of imental ing for taining in any ects of roperty es you juct or hysical eted or will be of the AT OO Page 17 of 18 CU 00010413 Insurance Services Office Inc. 2012 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurers consent. 22.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. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule 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 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. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 CU 00010413 Insurance Services Office Inc. 2012 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY SCHEDULE OF UNDERLYING INSURANCE Other Operations If no entry appears above information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement. As respects SECTION COVERAGES COVERAGE A paragraph 2. Exclusions item m. Damage to Property Paragraphs 4 5 and 6 of this exclusion do not apply to property damage arising out of security or investigative operations and janitorial or building maintenance operations of the insured or out of operations described in the Schedule of Underlying Insurance portion of the Declarations above. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0037 00 07 06 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOW FORM SECURITY GUARD or JANITORIAL ERRORS AND OMISSIONS LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY Except to the extent coverage is provided in the Schedule of Underlying Insurance under Item 2. Commercial General Liability this policy does not apply to any Occurrence Suit or Ultimate Net Loss the insured becomes legally obligated to pay because of any errors or omissions to which this insurance applies. The insurance afforded by this policy will not be any broader or provide any more coverage that is afforded in the Schedule of Underlying Insurance under ltem 2. Commercial General Liability. Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0044 00 07 06 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOW FORM ASSAULT AND BATTERY e This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY To the extent coverage is provided in the Schedule of Underlying Insurance under Item 2. Commercial General Liability this policy does apply to ASSAULT AND BATTERY. It is further understood and agreed that Assault and Battery are deemed to be an occurrence All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0046 00 08 06 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY 1. In consideration of the premium charged as respects SECTION 1 COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY coverage is amended to include With respect to 2. Exclusions exclusion a. 5 b is deleted from the policy. 2. In consideration of the premium charged as respects SECTION Il WHO IS AN INSURED coverage is amended to include With respect to 1. b. 1 a the words personal and advertising injury are hereby deleted. Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0024 00 07 06 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM It is agreed that SECTION Il WHO IS AN INSURED is amended by deleting 1. b. 1 a and in lieu thereof the following is substituted a Bodily injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business i To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a i above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a i or ii above. All other terms and conditions of this policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. T PIe irformation below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number Named Insured Endorsement Effective Date 00 CLU0024 00 01 13 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECURITIES AND FINANCIAL INTERESTS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions SECURITIES AND FINANCIAL INTERESTS Bodily injury or property damage arising out of or by reasons of 1 The purchase or sale or offer of sale or solicitation of any security debt bank deposit or financial interest or instrument 2 Any representations made at any time in relation to the price or value or any security debt bank deposit or financial interest or instrument or 3 Any depreciation or decline in price of any security debt bank deposit or financial interest or instrument. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0041 00 07 06 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERCOMPANY PRODUCTS SUITS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions INTERCOMPANY PRODUCTS SUITS Any claim for damages or suit brought by or on behalf of any insured covered hereunder against any other insured covered by this policy because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0042 00 07 08 Page 1of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADON TESTING OR OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions RADON TESTING OR OPERATIONS Bodily injury or property damage arising out of 1 Radon testing performed by the insured or 2 Any activity relating to or the sale of Radon Testing Kits. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0043 00 07 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED AGGREGATE LIMITS ENDORSEMENT NON CONCURRENCY This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY It is agreed that the underlying aggregate limits where applicable as shown in the Schedule of Underlying Insurance portion of the Declarations shall be unimpaired at the effective date of this policy. For the purpose of the insurance provided by this policy only occurrences taking place during the term of this policy shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0034 00 07 06 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOST KEY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions LOST KEY LIABILITY Regarding property of others in the care custody or control of the insured any liability for damages because of property damage arising from the loss of keys in the possession of the insured or the insured s employees is excluded. This exclusion includes 1 The actual cost of keys 2 Adjustment of locks to accept new keys and 3 New locks if required including the cost of their installation. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0029 00 07 06 Page 1of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THEFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions THEFT Any bodily injury or property damage arising out of theft burglary robbery mysterious disappearance inventory shortage or inventory shrinkage. Further no coverage shall be provided for any direct or consequential damage resulting from or contributed to or by any of the foregoing. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0035 00 07 068 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALARM SYSTEMS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions ALARM SYSTEMS Any bodily injury or property damage arising out of or caused or contributed to by the ownership maintenance operation monitoring use or installation of any alarm alarm device alarm component or alarm system. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0038 00 07 06 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALARM SYSTEMS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions ALARM SYSTEMS Any bodily injury or property damage arising out of or caused or contributed to by the ownership maintenance monitoring or installation of any alarm alarm device alarm component or alarm system. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0038 00 11 11 Page 1 of 1 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANINE LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY The following exclusion is added under SECTION 1 COVERAGES COVERAGE A paragraph 2. Exclusions CANINE LIABILITY Any bodily injury or property damage arising out of the ownership rental maintenance or use of dogs. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLUO0039 00 07 06 Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. 3 to bodily injury insured under the under a nuclear 2d by Nuclear En ssociation Mutual Jnderwriters Nu on of Canada or r would be an in icy but for its ter of its limit of li rdous properties with respect to CU 21 23 02 02 IS0 Properties Inc. 2001 Page 1 of 2 o | 2 |
Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 IS0 Properties Inc. 2001 CU 21230202 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21300115 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 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. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA Cu21330115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism.. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and This endorsement modifies insurance provided under the following b. 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.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. j directly or rrorism. Insurance Services Office Inc. 2015 CU21330115 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21860514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage As used in this exclusion electronic data Injury And Property Damage Li replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 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 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public refations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 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.. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. 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 any access to or disclosure of any person s or organization s confidential or personal information. CU21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00021202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion I. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the fol lowing 2. Exclusions This insurance does not apply to I. War Bodily injury or property damage how ever caused arising directly or indirectly out of 1 War including undeclared or civil war or 2 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 emnmental authority in hindering or de fending against any of these. 3 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 WAR Personal and advertising injury however caused arising directly or indirectly out of a. War including undeclared or civil war or b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. Page 1 of 1 o CU 00021202 IS0 Properties Inc. 2002 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21511205 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion i. under Paragraph 2. Exclusions of Sec b At any premises site or location on tion Coverage A Bodily Injury And Property which any insured or any contractors or Damage Liability is replaced by the following subcontractors working directly or indi rectly on any insured s behalf are per This insurance does not apply to.. pply to forming operations to test for monitor i. Pollution clean up remove contain treat detox 1 Bodily injury or property damage which ify neutralize or in any way respond to would not have occurred in whole or part or assess the effects of pollutants. but for the actual alleged or threatened dis For the purposes of this insurance hostile charge dispersal seepage migration re fire means one that becomes uncontrollable lease or escape of pollutants at any time. or breaks out from where it is intended to This exclusion does not apply to bodily injury be. or property damage arising out of heat 2 Pollution cost or expense. smoke or fumes from a hostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. For the purposes of this insurance hostile fire means one that becomes uncontrollable or breaks out from where it is intended to be. 2 Pollution cost or expense. CU 21511205 Page 1 of 1 o 1S0 Properties Inc. 2005 | 2 |
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 Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. 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. 00 ML0065 00 06 07 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOW FORM SECURITY GUARD or JANITORIAL LIABILITY COVERAGE C ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY Except to the extent coverage is provided in the Schedule of Underlying Insurance item 2 SECTION 1 COVERAGES is hereby amended by the inclusion of the following COVERAGE C ERRORS OMISSIONS LIABILITY It is hereby understood and agreed that this Insurance applies excess of Coverage D Errors and Omissions Liability Coverage as is afforded in the Schedule of Underlying Insurance under ltem 2. Commercial General Liability. Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0025 00 07 06 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL RESTRICTION SECURITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Other Insured Operations If no entry appears above information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement. It is agreed that coverage under this policy is provided only for claims resulting from the acts of security personnel involving security operations unless the claim arises out of other insured operations if shown in the Schedule of this Policy. Security operations are defined as any security patrol protective detective investigator courier or examinations service provided by an insured to a person or organization. All other terms and conditions of this Policy remain unchanged. Issued By Endorsement Number Policy Number Named Insured Endorsement Effective Date P ofoD Ao President 00 ML0207 00 11 03 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOW FORM SECURITY GUARD or JANITORIAL LIABILITY COVERAGE C ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA POLICY Except to the extent coverage is provided in the Schedule of Underlying Insurance item 2 SECTION 1 COVERAGES is hereby amended by the inclusion of the following COVERAGE C ERRORS OMISSIONS LIABILITY It is hereby understood and agreed that this Insurance applies excess of Coverage D Errors and Omissions Liability Coverage as is afforded in the Schedule of Underlying Insurance under ltem 2. Commercial General Liability. All other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number Named Insured This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 00 CLU0025 00 07 06 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 0136 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES 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. Exclusion m. of Coverage A Bodily Injury And Property Damage Liability is revised by the addition of the following m. Damage To Property Paragraphs 1a 3 and 4 of this exclusion do not apply to property damage involving an auto loaned to you with or without considera tion by a person engaged in the business of selling repairing or servicing autos as a tem porary substitute for an auto you own. This provision only applies if your business is other than seliing repairing or servicing autos. CU 01 36 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 0205 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. If you are an individual partnership or limited liabil ity company and a covered auto you own is of the private passenger type and this policy covers fewer than five autos and does not insure the motor vehicle hazard of garages motor vehicle sales agencies repair shops service stations or public parking places the Cancellation Common Policy Condition does not apply to that auto. The following Condition applies instead 1. The Cancellation Common Policy Condition is replaced by the following ENDING THIS POLICY a. Cancellation 1 You may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. If this policy has been in effect for 60 days or less and is not a renewal or con tinuation policy we may cancel for any reason. If we cancel we will mail you at least 10 days notice. When this policy has been in effect for more than 60 days or is a renewal or continuation policy we may cancel only for one or more of the following reasons a Nonpayment of premium. If we can cel for this reason we will mail you at least 10 days notice. 2 b If you are an individual partnership or limited liability company and your driver s license has been suspended or revoked during the policy period. If we cancel for this reason we will mail you at least 30 days notice. However we may not cancel if you are more than one person but only one person s license has been sus pended or revoked. Instead we may exclude coverage for that person while operating a covered auto dur ing a period of suspension or revoca tion. c If you are an individual we replace this policy with another one providing similar coverages and the same lim its for the covered auto. The re placement policy will take effect when this policy is canceled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. 4 If this policy is canceled you may be entitied to a premium refund. If so we will send you the refund. However mak ing or offering to make the refund is not a condition of cancellation. If you cancel the refund may be less than pro rata. If we cancel the refund will be pro rata. ey L. eE syt e L b If you are an individual partnership or limited liability company and your driver s license has been suspended or revoked during the policy period. If we cancel for this reason we will mail you at least 30 days notice. However we may not cancel if you are more than one person but only one person s license has been sus pended or revoked. Instead we may exclude coverage for that person while operating a covered auto dur ing a period of suspension or revoca tion. If you are an individual we replace this policy with another one providing similar coverages and the same lim its for the covered auto. The re placement policy will take effect when this policy is canceled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. 4 If this policy is canceled you may be entitied to a premium refund. If so we will send you the refund. However mak ing or offering to make the refund is not a condition of cancellation. If you cancel the refund may be less than pro rata. If we cancel the refund will be pro rata. 5 The effective date of cancellation stated in the notice shall become the end of the policy period. 6 Our notice of cancellation will state the actual reason for cancellation unless the cancellation is due to nonpayment of premium. CU 02 05 09 00 Copyright Insurance Services Office Inc. 2000 Page 10f2 a | 2 |
b. Nonrenewal 1 If we decide not to renew or continue this policy we will mail you notice at least 30 days before the end of the poli cy period. If the policy period is other than one year we will have the right not to renew or continue it only at the anni versary of its original effective date. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Fail ure to pay the required renewal or con tinuation premium when due shall mean that you have not accepted our offer. If we fail to mail proper notice of nonre newal and you obtain other insurance the coverages provided by this policy will end on the effective date of any similar coverages provided by the other insur ance. Our notice of nonrenewal will state the actual reason for nonrenewal unless the nonrenewal is due to nonpayment of premium. 2. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed by United States Postal Service certifi cate of mailing to your last known mailing ad dress. Proof of mailing of any notice will be suf ficient proof of notice. 3. Condition 10. When We Do Not Renew of Section IV Conditions does not apply. 2 3 B. For all other circumstances not described in Para graph A. above 1. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation stating the actual reason for can cellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of premi um b. 30 days before the effective date of cancel lation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy 2 Changes in conditions after the effective date of this policy which have materially increased the risk assumed 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy. c. 60 days before the effective date of cancel lation if we cancel for any other reason. 2. Condition 10. When We Do Not Renew of Section IV Conditions is replaced by the fol lowing WHEN WE DO NOT RENEW 1. We may elect not to renew this policy by mailing or delivering to the first Named In sured at the last mailing address known to us written notice of nonrenewal stating the actual reason for nonrenewal at least sixty days prior to the effective date of the nonre newal. 2. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2 of 2 Copyright Insurance Services Office Inc. 2000 CU 02 05 09 00 | 2 |
o 0037949 PRODUCER LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 130 Mailroom Please Open And Distribute 000000000037949000000000026585000000 | 2 |
06T2T179 OW ALID SYSNYY 006 ELS LS HLLY M 7 OTT SEINVAROD NOIMOOT | 2 |
CcHUBE NOTICE TO POLICYHOLDERS Enclosed is your commercial insurance policy from Chubb. The bill that corresponds with this policy has been mailed separately. When you receive the bill please pay the amount due by the date indicated. Payment should be made directly to Chubb. As always prompt payment will keep your coverage in place. If you have any questions about the attached policy or need assistance with additional insurance contact your agent or broker. For questions about billing call our Premium Accounting Service Center at 1 800 372 4822 Thank you for insuring through Chubb. F Form 99 10 0460 Ed. 2 97 Notice Page 10of 1 | 2 |
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CHUBE IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we. indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses. specified the premium we would charge if any for providing such insurance and. except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If. You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements.. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism Risk Insurance Act is shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Re jection o f such statutory insurance is legally prohibited.. is a workers compensation policy re jection o f insurance for terrorism is legally prohibited. 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. 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. last page Form 99 10 0732 Rev. 12 07 Important Notice Page 1 | 2 |
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IMPORTANT NOTICE TO POLICYHOLDERS CHUEE RS y carefully to determine e provisions of your RNING POSSIBLE ANCE WITH bit us from providing sury Department s Office nd trade sanctions and s terrorists terrorists Orders of the President actions and freeze forcign ase refer o the United ning the benetits of this not apply. lled Compliance With does not apply the ibit us from providing This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. B S Various trade or economic sanctions and other laws or regulauons prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legistation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww reas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. last page E Form 99 10 0792 Ed. 9 04 Important Notice Paga 1 | 2 |
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CHUBES POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. fast page E g Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CcCHUBES Policy Notice Defense Within Limits Notice A S ey This policy contains a provision which makes defense and supplementary payments included within the Limits of Insurance when defense and supplementary payments of any underlying insurance policy reduce the limit of insurance provided by that policy. If you have any questions or require additional information about this provision please contact your agent or broker Defense Within Limits Notice last page F E. Form 07 10 0384 Rev. 7 01 Policy Notice Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CcHUBEB Premium Bill Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC To DECEMBER 15 2014 Name of Company FEDERAL INSURANCE COMPANY Date Jssued December 17 2013 Producer LOCKTON COMPANIES LLC S THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT DIRECTLY TO CHUBB IF APPLICABLE Coverage Premium 11558.00 COMMERCIAL UMBRELLA Total 11558.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 114.00 last page E E Form 07 10 0542 Ed. 10 06 Premium Bill Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CHUBEB Declarations Chubb Group of Insurance Companies 15 Mountain View Road Warren NJ 07059 Named Insured and Mailing Address Policy Number 7985 91 51 EIKO GLOBAL. LLC Named Insured and Mailing Address EIKO GLOBAL LLC 23220 W 84TH ST SHAWNEE K8 66227 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Producer No. 0037949 99999 Incorporated under the laws of Indiana Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 e Policy Period From DECEMBER 152013 To DECEMBER 152014 1201 A M. standard time at the Named Insured s mailing address shown above S O B Premium 11558.00 s Excess Coverage Other Aggregate Limit as applicable 5000000. Umbrella Coverages Aggregate Limit 5000000. Products Completed Operations Aggregate Limit 5000000. Advertising Injury and Personal Injury Aggregate Limit 5000000. Each Occurrence Limit 5000 000. P Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY Powrssn Q. frodage Gt 4 Bg Secretary President R B R bie Gt 4 Ko Authorized Representative pOJ i December 17 2013 Chubb Commercial Excess And Umbrella Insurance last page E E E Form 07 02 2267 Ed. 2 09 Declarations Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CHUBES Schedule Of Forms Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 WUC EIKO GLOBAL LLC to DECEMBER 15 2014 Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 B S Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL 07 10 0542 1006 DIRECT BILL NOTIC 99 10 0460 0297 IMPORTANT NOTIC POLICYHOLDERS TRIPRA 99 10 0732 1207 IMPORTANT NOTICE OFAC 99 10 0792 0904 AOD IMPORTANT POLICYHOLDER NOTICE 99 10 0872 0607 DEFENSE WITHIN LIMITS NOTICE 07 10 0384 0701 COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS 07 02 2267 0209 CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE 07 02 0815 0701 KANSAS CANCELLATION AND WHEN WE DO NOT RENEW 07 02 1006 0502 COMPLIANCE WITH APPLICABLE TRADE SANCTIONS 07 02 1988 0204 COVERAGE CRISIS ASSISTANCE EXCESS AND UMB 07 02 2440 1210 COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS 07 02 2483 0312 CAP ON CERTIFIED TERRORISM LOSSES 07 02 1961 1207 POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN 07 02 2172 0113 COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS 07 02 2420 0510 POLICY EXCL LOSS OF USE OF ELECTRONIC DATA 07 02 2500 0512 NAMED INSURED 07 02 1477 0701 CLAIMS MADE COV. A EXCESS FOLLOW FORM 07 02 0859 0701 CARE CONTROL OR CUSTODY POLICY EXCLUSION 07 02 0837 0701 FOREIGN LIABILITY EXCL. BUPD AI PI COV. B 07 02 0861 0701 LEAD EXCLUSION 07 02 1153 0701 POLLUTION EXCL. EXCESS FOLLOW FORM COV. A 07 02 0885 0701 SUPPLEMENTARY PAYMENTS 07 02 0845 0701 SCHEDULE OF UNDERLYING INSURANCE 07 02 0922 0701 Chubb Commercial Excess And Umbrelia Insurance last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1 | 2 |
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C Chubb Commercial Excess And Umbrella Insurance CHUBEB Schedule Of Underlying Insurance Effective date DECEMBER 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC Description Limits T Employers Liability R U Insurer HARTFORD INSURANCE COMPANY OF THE MIDWEST Policy No. 37WECPX5938 Coverage B Employer s Liability Policy Period 12152013 Bodily Injury By Accident to 12152014 100000. Each Accident Bodily Injury By Disease 500000. Policy Limit 100000. Each Employee o oy Vlbilt T R T Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 1000000 Each Occurrence Policy Period 12152013 2000000. General Aggregate to 12152014 2000000. Products Completed Operations Aggregate Occurrence 1000000. Personal and Advertising Injury aggregate when applicable B S R Automobile Liability Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 7356 53 15 1000000. Each Accident Policy Period 12152013 or o tor 12152014 Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident Includes owned non owned and hired autos 3 Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 1000000 2000000 2000000 1000 000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable Includes owned non owned and hired autos o Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date DECEMBER 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC Description Limits Employee Benefits Liability Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 1000000. Each Claim Policy Period 12152013 tor 12152014 2000000. Aggregate 1000000. Each Claim 2000000. Aggregate Claims Made Retroactive Date 09272005 Defense expenses included in the Limits of Insurance Foreign Automobile Liabilit Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 1000000. Each Accident Policy Period 12152013 to 12152014 1000000. Each Accident Occurrence Foreign Employers Liability Insurer GREAT NORTHERN INSURANCE GOMPANY Policy No. 3585 71 23 1000000. Each Accident Policy Period 12152013 to 12152014 1000000. Each Accident 1000000. Policy Limit 1000000. Each Employee Occurrence Chubb Commercial Excess And Umbrelia Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 2 | 2 |
C Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date DECEMBER 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC Description Limits Foreign Genralvl.iablliiya Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 1000000. Py P 1250 s nom om. 1000000. Occurrence 1000000. Each Occurrence Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate 4 Chubb Commercial Excess And Umbrella Insurance HUBE Schedule Of Underlying Insurance Effective date DECEMBER 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC Description Limits Foreign ngralvl.viablllty Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 1000000. Each Occurrence Policy Period 12152013 4 tor 12152014 1000000. Aggregate 1000000. Products Completed Operations Aggregate Occurrence 1000000. Personal and Advertising Injury aggregate when applicable B R e e R R R Authorization All other terms and conditions remain unchanged. Authorized Representative D Ss December 17 2013 Chubb Commercial Excess And Umbrelia Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 3 1000000 1000000. 1000 000. 1000000. Each Occurrence Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable G5 Chubb Commercial Excess And Umbrelia Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 3 | 2 |
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Chubb Commercial Excess And Umbrelia Insurance CHUBE Table Of Contents Canfirnm Darne R Havic Ui UUNHLGCTIo Section Coverage Excess Follow Form Coverage A s s s Coverages Umbrella Coveragg B 3 S Investigation Defense And Settlements O OO Supplementary Payments Ees i ii S Coverage Territol R D O R OO A S S Who Is et In. Coverage A S B B N Who Is An Insured Umbrella Covsrage B A S 5 S E When Excess Follow Form Coverage A Applies JD go A S B Exclusions Excess Follow Form Coverage A s i Exclusions Umbrella Coverage B R R Policy Exclusions 17 B A D SR O M N Conditions 19 0 B Definitions Umbrella Coverage B8 25 0 Definitions S Form 07 02 0815 Rev. 7 01 Contract Page 1 of 32 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0815 Rev. 7 01 Contract Page 2 of 32 | 2 |
C Chubb Commercial Excess And Umbrella Insurance CcCHUBE Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Tnsured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. R s S e e S 3 9 G Coverage Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will Excess Follow Form pay on behalf of the insured that part of loss to which this coverage applies which exceeds the Coverage A applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage. differs from any term or condition contained in the applicable underlying insurance or. is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. e S e Coverages Umbrella Coverage B N Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Property Damage behalf of the insured loss by reason of liability Liability Coverage. imposed by law or. assumed in an insured confract Chubb Commercial Excess And Umbreila Insurance E v E Form 07 02 0815 Rev. 7 01 Contract Page 30f 32 | 0 |
Covera Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued AdVertrsmg Inury And o Personal Injury Liability Coverage R s A R e for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subyecl o all of mu terms and conditions applicable 10 Umbrella Coverage B we wxll pay on behalf of the insured loss because of liability. imposed by law or. assumed in an insured contract for advertising injury or personal injury to which this coverage applics. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. SR Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 4 of 32 | 1 |
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