text
stringlengths
1
8.07k
labels
int64
0
2
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. 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 a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. 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. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413
1
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.. 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. 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 o. 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 Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and 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. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16
1
2. Each of the following is also an insured a. 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 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by 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. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. 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. 3. 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 a. 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 b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 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. SECTION Il LIMITS OF INSURANCE 1. 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 or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413
1
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. 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 damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. 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 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 suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16
1
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 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 entitted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. 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. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413
1
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. 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. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The 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. 9. 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. 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. 2. 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 sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. 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.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired 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. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16
1
9. 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 other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 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. 12.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 c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in 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 f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413
1
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 any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 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. 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.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 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.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. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16
1
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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.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 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.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. 20.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. 21.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 organizaton 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. 22.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 16 of 16 Insurance Services Office Inc. 2012 CG 00010413
1
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG20121219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdi ion Or Political Subdivision Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule subject to the following provisions 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However a. The insurance afforded to such additional insured only applies to the extent permitted by law and b. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or b. Bodily injury or property damage included within the products completed operations hazard. B. With respect to the insurance afforded to these additional insureds the following is added 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 1. Required by the contract or agreement or 2. Available under the applicable limits of insurance whichever is less. This endorsement shall not increase the applicable limits of insurance. CG20121219 Insurance Services Office Inc. 2018 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG 2106 0514 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 GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p. 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 relations 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. 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. B. 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 As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. 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. CG 21060514 Insurance Services Office Inc. 2013 Page 1 of 1
2
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 1 0of 1
2
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to 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 demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 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 Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a
2
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a
2
COMMERCIAL GENERAL LIABILITY CG 21700115 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 GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. 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. 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. CG 21700115 Insurance Services Office Inc. 2015 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG 21760115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. 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. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21760115 Insurance Services Office Inc. 2015 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG 226809 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OPERATION OF CUSTOMERS AUTOS ON PARTICULAR PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion g. of Paragraph 2. Exclusions of B. The following definition is added to the Definitions Coverage A Bodily Injury And Property Section Damage Liability Section Coverages does not apply to any customer s auto while on or next to those premises you own rent or control that are used for any of the following businesses 1. Auto Repair or Service Shops. Car Washes. Gasoline Stations. Tire Dealers o oh LN. Automobile Quick Lubrication Services. Customer s auto means an auto on those premises for the purpose of receiving the serv ices normally provided in connection with those businesses but does not include an auto owned by or rented or loaned to any insured. CG 22 68 09 97 Copyright Insurance Services Office Inc. 1996 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG22711219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLLEGES OR SCHOOLS LIMITED FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to the operation of any college or school by you or on your behalf the following provisions apply A. With respect to the transportation of students Exclusion g. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any aircraft auto or watercraft that is owned operated or hired by any insured. For the purpose of this exclusion the word hired includes any contract to furnish transportation of your students to and from schools. 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 auto or watercraft that is owned operated or hired by any insured. B. The following exclusions are added to Section C. Coverage A Bodily Injury And Property Damage Liability and Section Coverage B Personal And Advertising Injury Liability 1. If the college or school owns or operates an D infirmary with facilites for lodging and treatment or a public clinic or hospital this insurance does not apply to bodily injury property damage or personal and advertising injury caused by a. The rendering of or failure to render 1 Medical surgical dental X ray or nursing service treatment advice or instruction or the related furnishing of food or beverages 2 Any health or therapeutic service treatment advice or instruction or 3 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or c. The handling or treatment of dead bodies including autopsies organ donation or other procedures. 2. This insurance does not apply to bodily injury to any person arising out of practicing for or participating in any sports or athletic contest or exhibition if there is no direct management organization or supervision of such sports or athletic contest or exhibition by any insured. Paragraphs B.1. and B.2. apply 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph B.1. or B.2. as applicable. The following exclusion is added to Section Coverage C Medical Payments We will not pay expenses for bodily injury to your student.. Section Il Who Is An Insured is amended to include as an insured any of the following but only with respect to their duties in connection with the positions described below 1. Any of your trustees or members of your Board of Governors if you are a private charitable or educational institution 2. Any of your board members or commissioners if you are a public board or commission or 3. Any student teachers teaching as part of their educational requirements. 2 Any health or therapeutic service treatment advice or instruction or 3 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or c. The handling or treatment of dead bodies including autopsies organ donation or other procedures. 2. This insurance does not apply to bodily injury to any person arising out of practicing for or participating in any sports or athletic contest or exhibition if there is no direct management organization or supervision of such sports or athletic contest or exhibition by any insured. Paragraphs B.1. and B.2. apply 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph B.1. or B.2. as applicable.. The following exclusion is added to Section Coverage C Medical Payments We will not pay expenses for bodily injury to your student.. Section Il Who Is An Insured is amended to include as an insured any of the following but only with respect to their duties in connection with the positions described below 1. Any of your trustees or members of your Board of Governors if you are a private charitable or educational institution 2. Any of your board members or commissioners if you are a public board or commission or 3. Any student teachers teaching as part of their educational requirements. CG22711219 Insurance Services Office Inc. 2018 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG 22930413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAWN CARE SERVICES LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1d of Exclusion f. under Section I Coverage A Bodily Injury And Property Damage Liability does not apply to the application of herbicides or pesticides by an insured on lawns under your regular care. CG 22930413 Insurance Services Office Inc. 2012 Page 1 0of 1
2
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persons Or Organizations Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery against the persons or organizations shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such persons or organizations prior to loss. This endorsement applies only to the persons or organizations shown in the Schedule above. CG 24041219 Insurance Services Office Inc. 2018 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY CG 24 0907 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL SUBDIVISIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to b. Vehicles maintained include as an insured any elective or appointive of next to premises you ficer or a member of any board or commission or any land motor vehicle agency of yours while acting within the scope of designed for travel or their duties as such. ing any machinery or tached owned or lez deemed an auto ar ment if the only rea B. Paragraph b. of the definition of mobile equip ment in the Definitions Section is replaced by the following. g.. mobile equipment is 12. Mobile equipment means any of the following for use exclusively or types of land vehicles including any attached owned by you. machinery or equipment b. Vehicles maintained for use solely on or next to premises you own or rent. However any land motor vehicle trailer or semi trailer designed for travel on public roads includ ing any machinery or apparatus that is at tached owned or leased by you shall be deemed an auto and not mobile equip ment if the only reason for considering it mobile equipment is that it is maintained for use exclusively on streets or highways owned by you. CG 24 09 07 98 Copyright Insurance Services Office Inc. 1997 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments..................... SECTION Il WHO ISAN INSURED............ SECTION Il LIMITS OF INSURANCE................ it Insuring Agreement. Exclusions Insuring Agreement.............. Exclusions Insuring Agreement. Exclusions SECTION IV COMMERCIAL GENERAL LIABILITYCONDITIONS........................... Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance.. Premium Audit. Representations Separation Of Insureds..................... Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew... SECTIONV DEFINITIONS.................. COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10f 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Operations Fireworks Display or Program including handling transportation or storage of fireworks If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY and PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section I Coverages This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or from the insured s ongoing operations and operations included within the products completed operations hazard described in the Schedule of this endorsement. This exclusion applies regardless of 1. Where all or any part of the operations occur or occurred 2. Whether such operations are or were conducted by you or on your behalf or 3. Whether the operations are or were conducted for yourself or for others. 1cluding handling transportation or storage of fireworks This exclusion applies regardless of 1. 2. Where all or any part of the operations occur or occurred Whether such operations are or were conducted by you or on your behalf or Whether the operations are or were conducted for yourself or for others. CG71311 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Specific Employees Volunteer Workers Or Specific Job Titles Information required to complete this Schedule if not shown above will be shown in the Declarations. A The following is added to Paragraph 2.a.1 of Section Il Who Is An Insured Paragraphs a b and c above do not apply to the specific employees or volunteer workers or any employees or volunteer workers holding the specific job titles designated in the Schedule of this endorsement with respect to bodily injury to a coemployee or other volunteer worker. B. The following is added to Paragraph 4. Other Insurance Condition under Section IV Commercial General Liability Conditions The coverage provided by this endorsement is excess over any other valid and collectible insurance that covers the liability of the designated employees or volunteer workers or an employee or volunteer worker holding a job title designated in the Schedule of this endorsement. CGT1407 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLITICAL SUBDIVISIONS TORT CLAIMS NEBRASKA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy does not apply to any claim against an insured for which the insured 1 Is immune from liability due to the provisions of any statute or where the action based upon such claim has been barred or abated by operation of statute or rule of civil procedure or 2 Is not immune from liability as described in 1 above but is immune from further liability above any specific statutory limits cap on the maximum liability of the insured. However this item 2 does not apply to the extent if any this policy provides coverage up to the maximum statutory liability limits cap. This endorsement shall not apply if for any reason the immunity or maximum liability cap granted by statute or rule of civil procedure is deemed void. The immunities and statutory limits caps referred to in the foregoing paragraphs are those found in Nebraska Code Section 13 901 et seq. or any succeeding statutory compilation. CG717710 01 Page 1of 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENSION OF PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Coverage B. Personal And Advertising Injury Liability is amended as follows Exclusions 2.e and 2.j 1 are deleted and will not apply to your educational institution operations. CG718310 01 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CLUB OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement the provisions of the coverage part apply unless modified by this endorsement. SCHEDULE OF CLUBS OR ORGANIZATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Section Il Who Is An Insured is amended to include the following as insureds 1. Any Club or Organization shown in the Schedule but only with respect to its liability for your activities or activities it performs on your behalf. 2. Any officer or member of the Board of Directors for the Club or Organization named but only while acting within the scope of their duties as such on your behalf. 3. Any persons who is are club or organization members or volunteer workers but only while acting at the direction of and within the scope of their duties for that club or organization. CG71901 06 Page 1 of 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Organizations Project Location Of Project Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of your work performed for that additional insured by or for you at the location designated and described in the Schedule of this endorsement. However 1. The insurance afforded to such additional in sured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insur ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds the following is added to Sec tion Ill Limits Of Insurance If coverage provided to the additional insured is re quired by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insur ance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. f Project CG7193 10 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1
2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE Section Ill applies separately to each of your locations owned by or rented to you. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Includes copyrighted material of Insurance Services Office Inc. with its permission. Form CG7428 Ed. 11 98 Copyright Insurance Services Office Inc. 1984
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION LIABILITY This endorsement changes insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Except to the extent specifically provided within this b. endorsement the coverage form to which this endorsement is attached does not apply to any claim or suit seeking damages arising out of any actual or threatened abuse molestation or any related breach of duty. SECTION COVERAGES is amended by adding the following COVERAGE ABUSE OR MOLESTATION LIABILITY d 1. INSURING AGREEMENT a. We will pay those sums that the insured becomes legally obligated to pay as damages because of loss arising out of abuse or molestation to which this endorsement applies. We have the right and duty to defend the e. insured against any suit seeking damages because of loss to which this endorsement applies. However we have no duty under this endorsement to defend any insured against a suit seeking damages not covered by this endorsement. We may at our discretion investigate and settle any claim or suit that may result. But 1 The total amount we will pay as damages 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 f. settlements under this endorsement. No other obligation or liability to pay sums or perform acts or services is covered by this endorsement unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGE Abuse or Molestation Liability. b. The coverage within this endorsement applies to loss only if 1 The loss takes place in the coverage territory and g. 2 The loss occurs during the endorsement period. 2. EXCLUSIONS This coverage does not apply a. Any Perpetrator To any person who knowingly participated in or knowingly allowed or directed any act of abuse or molestation. Criminal Actions To the cost of defense of or the cost of paying any fines for any person resulting from an actual or alleged violation of any penal or criminal statute. Contractual Liability To liability assumed by the insured under any contract or agreement. Workers Compensation To any obligation of the insured under a Workers Compensation disability benefits or unemployment compensation law or any similar law. Employers Liability To loss 1 To an employee or volunteer worker arising out of and in the course of his or her employment or while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraph 1 above. This exclusion applies regardless of the relationship between the insured and any party described in this paragraph. Aircraft Auto Watercraft To any loss arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft. 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 with respect to any aircraft auto or watercraft. Employment Practices To any loss arising out of any employment related practices. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To the spouse child parent brother or sister as a consequence of loss to that person at whom any of the employment related practices is directed. C6755110 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f4
2
h. Failure to Report Abuse or Molestation To any insured with knowledge of the loss who intentionally fails to report such act to the proper authorities. Proper authorities may include those within your organization and any governmental legal or regulatory bodies. SUPPLEMENTARY PAYMENTS COVERAGES A AND B is replaced by the following for COVERAGE Abuse or Molestation Liability SUPPLEMENTARY PAYMENTS We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. 2. All expenses we incur. 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. 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 300 a day because of time off from work. 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. 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. Al 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. We will indemnify any insured for 100 of the attorney s fees and reasonable expenses other than loss of earnings not to exceed a maximum expenditure of 100000 per occurrence which fees and expenses are incurred in the defense of any criminal action or proceeding arising within the scope of employment brought against the insured and meeting the following conditions 1 Adismissal of the criminal action or 2 A final judgment or conviction must not have been entered against the insured and the insured must not have pled guilty to any criminal offense either felony or misdemeanor and a No reimbursement will be made until the first trial verdict is entered. b No reimbursement will be provided for appeals after a guilty verdict is rendered at the first trial. This coverage does not apply to any retrial upon an entry of mistrial after verdict or to any retrial after appeal. The statement We will pay with respect to any claim we investigate or settle or any suit against an insured we defend does not apply to item 7. These payments will not reduce the limits of insurance. SECTION Il WHO IS AN INSURED is replaced by the following SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership or joint venture you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 2. Each of the following is also an insured for loss Your volunteer workers but 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. 3. 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 a. Coverage under this endorsement is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier and b. Coverage Abuse or Molestation Liability does not apply to loss that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. m we investigate or d we defend tachments but only applicable limit of rnish these bonds. d by the insured at he investigation or 1cluding actual loss because of time off the insured in the nts do not include expenses taxed against the insured pay. If we make an of insurance we will rest based on that f any judgment that nent and before we posited in court the ithin the applicable I for 100 of the expenses other than ceed a maximum urrence which fees the Aafanca f any CGT55110 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 4
2
SECTION Il LIMITS OF INSURANCE is replaced by the following SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of a. The number of insureds b. The number of claims made or suits brought or c. The number of persons or organizations making claims or bringing suits or d. In addition with respect to payment under the coverage for Abuse or Molestation Liability 1 The number of actual or alleged errors misstatements misleading statements acts omissions negligent acts or breaches of duty 2 The period of time during which the acts described in d.1 took place or 3 The number of persons who have been subject to the acts described in d.1. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A c. Damages under Coverage B and d Damages under the coverage for Abuse or Molestation Liability. 3. 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 damages because of all personal and advertising injury sustained by any one person or organization. 4. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all loss arising out of any one occurrence. If such occurrence is causally related to the facts circumstances situations or events for which coverage for Abuse or Molestation Liability applies then such coverage in item 6. below will be subject to one Each Occurrence Limit for the sum of damages under item 6. below and the damages and medical expenses in 4.a. and 4.b. above. 5. Subject to Paragraph 4. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 6. Subject to Paragraph 4. above all damages under the Abuse or Molestation Liability coverage arising out of all acts of actual or threatened abuse or molestation by one person or by two or more persons acting together and all breaches of duty giving rise to such acts will be considered to result from one loss which is deemed to take place at the time of the first such loss. Such loss will be subject to an each loss limit which is equal to the Each Occurrence Limit shown on the Declarations page. Loss is defined as shown within the Abuse or Molestation Liability Coverage. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS applies to this COVERAGE Abuse or Molestation Liability without change. SECTION V DEFINITIONS All definitions contained in the Commercial General Liability Coverage Form apply except as modified by this endorsement. For the purpose of this endorsement only the following definitions apply 18. Suit means a civil proceeding in which damages are alleged because of loss to which this endorsement applies. Suit includes a. An arbitration proceeding in which such damages are claimed and to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent and c. Administrative suits before teacher practices review boards provided that such suit is not originated by an administrative official of the school district while acting in that capacity. 23. Loss means bodily injury property damage personal and advertising injury or a wrongful act including continuous or repeated exposure to substantially the same general harmful conditions. 24. Wrongful act means injury other than bodily injury or personal and advertising injury arising out of one or more of the following a. actual or alleged errors b. misstatement or misleading statements c. act omission or neglect or d. breach of duty by any insured. NCE 1 in the Declarations most we will pay le or suits brought s or organizations suits or payment under the station Liability or alleged errors ading statements ent acts or breaches iring which the acts place or ns who have been cribed in d.1. is the most we will overage C A R and r 0w 200 rsonal and e will pay damages sing injury tion. the Each vay for the oy A al el C6755110 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f4
2
25. Employment related practices means Refusal to employ an applicant Termination of an employee or Employment related policies acts or omissions such as coercion demotion evaluation reassignment iscipline defamation harassment humiliation or discrimination directed at a former employee employee or applicant for employment. CGT55110 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 4
2
This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHOOL VIOLENT EVENT RESPONSE COVERAGE COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE OF LIMITS Aggregate Limit Each Event Limit Each Person Limit 25000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. SECTION COVERAGES is amended to include the following Violent Event Response Coverage 1. Insuring Agreement a. We will pay your response expenses that result from a violent event to which this insurance applies as long as the response expenses are incurred and reported to us within one year of the violent event. We will pay loss that results from a violent event to which this insurance applies if 1 The loss is incurred and reported to us within one year of the violent event and 2 For death benefits we receive a death certificate or other evidence of death acceptable to us within one year of the violent event. The amount we will pay under paragraphs a. and b. above is limited as described in SECTION Il LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. This insurance applies to a violent event only if the violent event 1 Commences during the policy period and 2 Takes place in the coverage territory during a school activity on premises that you own or lease or during an activity sponsored by you. 2. Exclusions This insurance does not apply to a. War Response expenses or loss directly or indirectly out of arising c. 1 War including undeclared or civil war or 2 Warlike action by a military force including action in hindering or defending against an actual or threatened 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. Nuclear Biological or Chemical Events Response expenses or loss arising directly or indirectly out of 1 A violent event that is carried out by means of dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2 A release of radioactive material and it appears that one purpose of the violent event was to release such material or 3 A violent event is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4 A release of pathogenic or poisonous biological or chemical materials and it appears that one purpose of the violent event was to release such materials. Abuse or Molestation Response expenses or directly or indirectly out of 3 loss arising CGT61410 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5
2
1. You 2. Your volunteer workers or your employees 3. Any elective or appointive officer or a member of any board or commission or agency of yours 4. Discretionary employees 5. Any of your students 6. Any individual including but not limited to a parent invitee or guest who has been authorized by you to be on your premises for a school activity or as part of your school operations or 7. 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 a. Coverage under this provision is afforded only until the end of the policy period or the 90th day after you acquire or form the organization whichever is earlier b. Coverage does not apply to any benefit error that occurred before you acquired or formed the organization. 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. SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following for the purpose of this endorsement 1. The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay under this coverage regardless of the number of a. Insureds Claims made or Persons or organizations making claims or Perpetrators or The number of policy periods over which the violent event takes place. If the violent event takes place over more than one policy period the limits of insurance applicable when the violent event first commenced will apply. 2. The Aggregate Limit shown in the Schedule is the most we will pay for all damages in any one policy period. 3. Subject to paragraph 2. above the Each Event Limit shown in the Schedule is the most we will pay for all damages arising out of any one violent event. 4. Subject to paragraph 3. above the Each Person Limit is the most we will pay for the sum of all loss because of injury or death sustained by any one insured. paoyw 1 Any actual or alleged abuse or molestation of any person or 2 The negligent employment investigation supervision reporting to proper authorities or failure to so report or retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraph 1 above or Based on an alleged practice custom or policy including but not limited to any allegation that a person s civil rights have been violated. d. Suicide or Self Inflicted Injury Medical expenses funeral expenses and loss for any person who commits suicide attempts suicide or intentionally self inflicts injury while sane or insane. e. Third Party Damages Fines and Penalties Any compensatory damages fines penalties punitive or exemplary or other non compensatory damages imposed upon the insured. f. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. g. Aircraft Watercraft Motorized Vehicles or Equipment Response expenses or loss arising out of the ownership maintenance or use of any motorized vehicle or equipment including but not limited to any aircraft watercraft auto recreational vehicle snowmobile motorcycle motorbike golf cart or self propelled mobile equipment. h. Any Perpetrator To any person who knowingly participated in the planning or execution of any violent event. 3 i. Governmental Services Response expenses for any services provided by a governmental entity. This exclusion does not apply to services that are customarily charged to the public. j. Drug Related Injuries Response expenses or loss arising out of the use or misuse of prescription or illegal drugs. SECTION Il WHO IS AN INSURED is deleted and replaced by the following Each of the following is an insured for the purposes of this endorsement CG761410 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 5
2
5. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations 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. 6. If the Aggregate Limit or the Each Event Limit will be exhausted before all response expenses or loss are paid a. Response expenses and loss stemming from a single violent event will be prioritized and payable in the following order 1 Death benefits 2 Medical expenses 3 Personal counseling services for an insured who has sustained a violent event 4 Personal counseling services for the immediate family of an insured who has sustained a violent event 5 Group counseling services 6 Funeral expenses 7 Loss of income 8 Wages of temporary personnel 9 Rental of comparable substitute premises 10 Additional expense for the transportation of your students 11 Security services and 12 Public relations consultant and related media and communication costs. b. Violent events will be recognized in the order they are reported to us in accordance with condition 2. Duties In The Event of a Violent Event under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. c. Response expenses and loss arising from a violent event will be paid in the order that they are reported to us in accordance with condition 2. Duties In the Event of a Violent Event under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. d. Response expenses and loss reported on the same day will be pro rated if a reduction in response expense and loss is warranted because the Aggregate Limit or Each Event Limit will be exhausted. D. For purposes of this endorsement Conditions 2. and 4. under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted and replaced by the following 2. Duties In The Event of a Violent Event a. You must see to it that we are notified as soon as practicable of a violent event which may result in response expenses or loss. To the extent possible notice should include 1 How when and where the violent event took place 2 The names and address of any injured persons and witnesses 3 The names and addresses of any perpetrators 4 The nature and location of any injury arising out of the violent event and 5 Copies of police reports. b. You and any other involved insured must 1 Immediately send us copies of pertinent correspondence demands or service invoices received in connection with response expenses or loss 2 Authorize us to obtain records and other information and 3 Cooperate with us in the investigation of a violent event. 4. Other Insurance If other valid and collectible insurance is available to the insured for response expenses or losses we cover under the Violent Event Response Coverage our obligations are limited as follows a. Primary Insurance This insurance is primary except when paragraph b. below applies. When this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in paragraph c. below. b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis 1 That is medical insurance or 2 That covers rental of comparable substitute premises. When this insurance is excess over other insurance we will pay only our share of the amount of the response expenses or losses if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the response expenses or losses in the absence of this insurance and CGT61410 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5
2
2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method of Sharing If all the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the response expenses or losses remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we wil contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. E. For purposes of this endorsement the following condiions are added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Liability Under Other Coverages or Policies Payment of response expenses or loss under this endorsement is not an admission of liability under other coverages provided by this policy or other policies issued to you by us. 2. Loss Payable All claims will be payable upon receipt and acceptance by us of the following a. For death benefits 1 Adeath certificate or 2 Other evidence of the death. b. For claims for loss of income written documentation provided by the employer of the insured sustaining the loss of income. If an insured is self employed then such insured must provide tax returns and other necessary records to document their loss of income. c. For claims for other loss and response expenses service invoices or other pertinent documentation. 3. Concealment or Fraud We will not provide coverage to you or any other insured who at any time a. Engaged in fraudulent conduct or b. Intentionally concealed or misrepresented a material fact concerning a violent event or loss or response expenses incurred under this endorsement. f all deductible and self ounts under all that other maining loss if any with any t is not described in this ovision and was not bought in excess of the Limits of in the Schedule of this ing surance permits contribution we will follow this method lis approach each insurer amounts until it has paid its of insurance or none of the nses or losses remains s first. er insurance does not permit equal shares we will its. Under this method each s based on the ratio of its of insurance to the total of insurance of all insurers. endorsement the following i to SECTION IV ENERAL LIABILITY r Coverages or Policies e expenses or loss under not an admission of liability es provided by this policy or to you by us. payable upon receipt and the following its ficate or ce of the death. loss of income written rovided by the employer of ining the loss of income. If self employed then such ovide tax returns and other is to document their loss of other loss and response ce invoices or other pertinent ud overage to you or any other ime ulent conduct or cealed or misrepresented a 1cerning a violent event or se expenses incurred under t. Includes copyrighted material of ISO Properties Inc. with its permission. F. For purposes of this endorsement the SECTION V DEFINITIONS is amended as follows 1. Paragraph 5. Employee is replaced by the following Employee includes a leased worker. Employee does not include a temporary worker. However if the insured is an educational institution temporary worker does not include any discretionary employees such as substitute teachers who are acting within the scope of their duties as such. Any such discretionary employee will be considered an employee of the insured. For purposes of this definition discretionary employees are those individual workers who do not have established work hours but do perform regular job duties at the election of the employer and who are paid on the basis of services performed. The following definitions are added a. Care provider means child spouse or parent who provides direct care to an insured. b. Child means a natural child adopted child foster child stepchild or legal ward. c. Death benefits means an amount payable to the estate of a deceased insured. This does not include medical expenses or funeral expenses. d. Hostage means a person who is held captive by someone who threatens to inflict serious bodily injury and the circumstances of the threat are such that a reasonable person would conclude that the captive is at risk of serious bodily injury. e. Immediate family means a spouse domestic partner dependent child or siblings of an insured who reside in a single household. f. Lossmeans 1 Reasonable and necessary expenses incurred by or on behalf of the insured for the following a Personal counseling services for up to 90 days after a violent event for any insured who has sustained serious bodily injury or was held as a hostage. b Personal counseling services for up to 90 days after a violent event for the immediate family of any insured who has sustained serious bodily injury or was held as a hostage. c Medical expenses including i First aid administered at the time of a violent event Page 4 of 5 CG761410 19
2
essary medical surgical y and dental services uding physical therapy and sthetic devices and essary ambulance including rgency airlift hospital and essional nursing services. 5000 for funeral expenses ceased insured for funeral preparation for burial and cluding but not limited to ts for any lands services and equipment incidental ich funeral services tion for burial and burial. ome for red who sustains a violent re provider of an insured in n a or b above 30 days after the violent 1p to a maximum amount of 0 for death benefits. 1e means loss of actual eing paid on the date the 2d a violent event. Loss not include fter the date on which an ed dies or come that may have been m overtime hours on call lar types of compensation on for paid sick leave disability long term r family leave that was use of the violent event. 5 a natural parent foster parent stepparent or legal enses means reasonable expenses incurred by you expense for the on of your students to and titute premises for up to 30 violent event. ons consultant and related communication costs for up fter a violent event. rvices for up to 15 days nt event. nseling services for an up to 60 days after a t. 5 Rental of comparable substitute premises for up to 30 days after a violent event. 6 Wages of temporary personnel hired to replace employees who have sustained serious bodily injury during a violent event for up to 30 days after the violent event. Such wages shall not exceed the wages received by the employee being replaced. j. Serious bodily injury means 1 Death of a person or 2 Bodily injury that involves a substantial risk of death unconsciousness extreme physical pain protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member or organ. Serious bodily injury does not include emotional or mental injury. k. Violent event means an event that 1 Is caused by an intentional criminal act or a series of related intentional criminal acts and Involves the use of a physical object instrument device tool or weapon other than the human body for the purpose of injury to any insured and Results in one or more insureds other than the perpetrator sustaining serious bodily injury or being held as a hostage. Results in an imminent threat of deadly force involving the display of a deadly weapon on premises that could result in one or more insureds other than the perpetrator sustaining serious bodily injury or being held as a hostage. A violent event starts when the first act or the first of a series of related acts begins. A violent event ends the earliest of the following 1 When the act is concluded or 2 When the last in a series of acts is concluded or 3 When the premises have been secured by proper civil authority. I. Wages means compensation you pay an employee for his or her work including the cost of pension or retirement benefit plans or welfare benefit plans. 2 3 4. Terrorism When a terrorism endorsement is made a part of the Commercial General Liability Coverage Form any injury or damage excluded by the endorsement is amended to include response expenses and loss. Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 5 ii Necessary medical surgical x ray and dental services including physical therapy and prosthetic devices and Necessary ambulance including emergency airlift hospital and professional nursing services. Up to 5000 for funeral expenses for a deceased insured for funeral services preparation for burial and burial including but not limited to payments for any lands services supplies and equipment incidental to such funeral services preparation for burial and burial. 2 Loss of income for a An insured who sustains a violent event b The care provider of an insured in provision a or b above For up to 30 days after the violent event and up to a maximum amount of 5000. 3 Up to 5000 for death benefits. Loss of income means loss of actual gross income being paid on the date the insured sustained a violent event. Loss of income does not include 1 Any loss after the date on which an injured insured dies or Potential income that may have been received from overtime hours on call pay or similar types of compensation or Compensation for paid sick leave short term disability long term disability or family leave that was utilized because of the violent event. Parent means a natural parent foster parent adoptive parent stepparent or legal guardian. Response expenses means reasonable and necessary expenses incurred by you for the following 1 Additional expense for the transportation of your students to and from a substitute premises for up to 30 days after a violent event. Public relations consultant and related media and communication costs for up to 30 days after a violent event. Security services for up to 15 days after a violent event. d 2 3 2 3 4 Group counseling services for an insured for up to 60 days after a violent event. CGT61410 19 Page 50f 5
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits each employee Programs aggregate Description of Other Similar Benefits as applicable to this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages only if the act error or omission 1 Is negligently committed by you or any other insured in the administration of your employee benefit program 2 Takes place in the coverage territory and 3 Occurs during the policy period shown in the Declarations. A claim seeking damages will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the wiliful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation CG76263 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 4 CG76263 09 Page 10f4
2
Any claim based upon c. Your legal repre 1 Failure of any investment to perform only with respec representative wi 2 Errors in providing information on past duties under this performance of investment vehicles or.. N 3 3. Any organization yo 3 Advice given to any person with other than a partners respect to that person s decision to liability company an participate or not to participate in any ownership or majority plan included in the employee benefit Named Insured if n program. applies to that organi f. Workers Compensation And Similar a. Coverage under Laws only until the 90 t Any claim arising out of your failure to form the organi comply with the mandatory provisions of policy period whi any workers compensation unemployment b. Coverage under compensation insurance social security or apply to any act disability benefits law or any similar law. committed before g. ERISA the organization. Damages for which any insured is liable D. For the purposes of the because of liability imposed on a fiduciary endorsement Section Il by the Employee Retirement Income replaced by the following Security Act of 1974 as now or hereafter 1. Limits Of Insurance amended or by any similar federal state or. local laws. a. The Limits of N N Schedule and the h. Available Benefits we will pay regarc Any claim for benefits to the extent that 1 Insureds such benefits are available with At reasonable effort and cooperation of the 2 Claims mac insured from the applicable funds accrued 3 Persons or or other collectible insurance. claims or br i. Taxes Fines Or Penalties 4 Acts errors o Taxes fines or penalties including those 5 Benefits incl imposed under the Internal Revenue Code benefit progr or any similar state or local law. b. The Aggregate Li j. Employment Related Practices for all damages Damages arising out of wrongful mSSn5 neglig termination of employment discrimination any 9 er IIISUIe or other employment related practices. your employee B. For the purposes of the coverage provided by this c. Subject to the A endorsement Employee Limit i all damages 1. All references to Supplementary Payments employee inclt Coverages A and B are replaced by by such emplz Supplementary Payments Coverages A B beneficiaries as and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured 1 An act error. 2 A series of omissions negligently comm insured in the employee benefi However the a. Each of your employees who is or was endorsement she authorized to administer your employee subject to the i benefit program. apply to the paym b. Any persons organizations or employees included in t having proper temporary authorization to program. administer your employee benefit program if you die but only until your legal representative is appointed. CG76263 09 Includes copyrighted material of ISO Properties Inc. with its permission. c. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. 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. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section lll Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed by you or any other insured in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omissions negligently committed by you or any other insured in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Page 20f4
2
The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy 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. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 2 3 4 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph c. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph b. below. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. CG76263 09 Page 30f4 Includes copyrighted material of ISO Properties Inc. with its permission.
2
c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this insurance. F. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. G. For the purposes of the coverage provided by this endorsement Definitons 5. and 18. in the Definitions Section are replaced by the following 5. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. 18. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. CG76263 09 Page 4of 4 Includes copyrighted material of ISO Properties Inc. with its permission.
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED STUDENTS IN INTERNSHIP OR WORK STUDY PROGRAMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the coverage part apply unless modified by this endorsement. SCHEDULE Description of internship or work study program If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. SECTION Il WHO IS AN INSURED is amended B. The following is added to Section IV COMMECIAL to include as an insured your students while participating in an internship or work study program that is shown in the Schedule and sponsored by you but only 1 While the student is acting within the scope of his or her duties under such program and 2 If the student s participation in such program is in satisfaction of your course requirements. GENERAL LIABILITY CONDITIONS Paragraph 4. Other Insurance The insurance provided by this endorsement is excess over any other insurance whether primary excess contingent or on any other basis. i i CGT6795 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 0f 1
2
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SCHOOLS ELITE EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. CORPORAL PUNISHMENT EXPECTED OR INTENDED INJURY Section Coverage A.2. Exclusion a. is amended as follows a. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from 1 The use of reasonable force to protect persons or property or 2 Corporal punishment to your student administered by or at the direction of any insured. B. POLLUTION EXCLUSION AMENDMENT FOR SCHOOL ACTIVITIES Section Coverage A.2. Exclusion f.1aiv is added as follows iv Bodily injury or property damage arising out of activities usual to classroom instruction on school premises. C. NON OWNED WATERCRAFT Section Coverage A.2. Exclusion g.2 is amended by replacing subparagraphs 2a and b with the following 2 A watercraft you do not own that is not being used to carry persons or property for a charge D. UNMANNED AIRCRAFT Section Coverage A.2. Exclusion g.2 is amended by adding subparagraph 6 as follows 6 Unmanned aircraft operations as a result of school activities. E. NON OWNED AIRCRAFT Section Coverage A.2. Exclusion g.6 is added as follows 6 Any aircraft not owned or operated by any insured which is hired chartered or loaned with a paid crew. However if the insured has any other valid and collectible insurance for bodily injury or property damage that would be covered under this provision or on any other basis this coverage is then excess. F. BATTERY SOLAR POWERED OR SIMILAR AUTOMOBILE Section Coverage A.2. Exclusion h.2 is replaced by the following 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. However this exclusion does not apply to any battery powered solar powered or similar vehicles owned by you and operated by you or your students in a school approved event. G. PROPERTY DAMAGE ELEVATORS Section Coverage A.2. Exclusions paragraphs j3 j4 j.6 and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and Section IV Commercial General Liability Conditions paragraph 4. Other Insurance is changed accordingly. H. FIRE LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term hostile fire the word fire includes fire lightning or explosion wherever it appears in the Coverage Form. Under Section Coverage A the last paragraph after the exclusions is replaced with the following Exclusions c. through n. do not apply to damage by fire smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits of Insurance. I. PERSONAL AND ADVERTISING INJURY LIABILITY Section Coverage B.2. Exclusions is amended as follows Exclusions Paragraphs e. and j.1 are deleted and will not apply to your educational institution operations. mag v o C676991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f8
2
Exclusion Paragraph k. is replaced by the following Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. However this exclusion does not apply to internet instruction and coursework which is part of the insured s curriculum over which the insured exercises control. Exclusion paragraph q. is added as follows Personal and advertising injury arising out of unmanned aircraft operations as a result of school activities. MEDICAL PAYMENTS If Section Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B paragraphs 1. 1.b. and 1.d. are replaced by the following b. Up to 5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. 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 500 a day because of time off from work. 2. Paragraph 1. is amended by adding the following h. We will indemnify any insured for 100 of the attorney s fees and reasonable expenses other than loss of earnings not to exceed a maximum expenditure of 100000 per occurrence which fees and expenditures are incurred in the defense of any criminal action or proceeding arising within the scope of employment brought against the insured and meeting the following conditions 1 Adismissal of the criminal action or 2 A final judgment or conviction must not have been entered against the insured and the insured must not have pled guilty to any criminal offense either felony or misdemeanor and a No reimbursement will be made until the first trial verdict is entered. b No reimbursement will be provided for appeals after a guilty verdict is rendered at the first trial. This coverage does not apply to any retrial upon an entry of mistrial after verdict or to any retrial after appeal. The statement We will pay with respect to any claim we investigate or settle or any suit against an insured we defend does not apply to item 1.h. L. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended to add the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability.. SCHOOL DISTRICT PROFESSIONAL AND INCIDENTAL MALPRACTICE HEALTH CARE SERVICES Section Il Who is an Insured paragraph 2.a. 1 d is amended as follows This exclusion does not apply to any employee or volunteer worker who provides health care services within the scope of their employment or volunteering by you or while performing duties related to the conduct of your business. ii This provision does not apply to Nurses Emergency Medical Technicians or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services.. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS Section Il Who is an Insured paragraph 2.a. 1 is amended to add the following e Paragraphs a b and c do not apply to your employees or volunteer workers with respect to bodily injury to a coemployee or other volunteer worker. Damages owed to an injured coemployee or volunteer worker will be reduced by any amount paid or available to the injured co employee or volunteer worker under any other valid and collectible insurance.. SAFETY PATROL MEMBER AS ADDITIONAL INSURED Section Il Who is an Insured paragraph 2. is amended to add the following CG76991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 8
2
e. Students who serve as members of your safety This insurance d patrol and the parents or legal guardians of alterations ne those students but only with respect to liability demolition opera arising out of service by the student as a safety that person or org patrol member. b. Any architect P. CLUBS OR ORGANIZATIONS AS ADDITIONAL engaged by you INSURED liability for b Section Il Who is an Insured Paragraph 2. is damage or p amended to add the following Injury caused In acts or omission 1. Any Club or Organization but only with respect of those acting or to its liability for your activities or activities it performs on your behalf. 2. Any officer or member of the Board of Directors 1 In connection 2 In the perfo for the Club or Organization named but only operations. while acting within the scope of their duties as With respect to th such on your behalf. these additional i 3. Any persons who is are club or organization additional exclusi members or volunteer workers but only This insurance c while acting at the direction of and within the injury property scope of their duties for that club or advertising injury organization. rendering of or Q. BLANKET ADDITIONAL INSUREDS AS professional servi REQUIRED BY CONTRACT including 1. Section Il Who Is An Insured is amended to 1 The preparin include as an additional insured any persons prepare or or organizations subject to provisions in drawings of Paragraph 2. below hereinafter referred to as field orders c additional insured when you and such and specifica persons or organizations have agreed in a 2 Supervisory written contract or written agreement that such engineering persons or organizations be added as an additional insured on your policy provided that the written contract or agreement is This exclusion a against any insu other wrongdoing a. Currently in effect or becomes effective employment trz during the policy period and others by that in b. Executed prior to an occurrence or YVhiCh caused offense to which this insurance would property damag apply. caused the p injury involved failure to render by or for you. c. Any manager o However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and leased to you b. Will not be broader than that which you are liability arising required by the contract or agreement to maintenance or provide for such additional insured and premises leased c. Applies only if the person or organization is following addition not specifically named as an additional This insurance dc insured under any other provision of or 1 Any occurre endorsement added to Section Il Who after you cee Is An Insured of this policy. premises. 2. As provided herein the insurance coverage 2 Structural alt provided to such additional insureds is limited or demolition to or on behalf a. Any Controlling Interest but only with d. Any state or respect to their liability arising out of their subdivision or pol financial control of you or premises they the following own maintain or control while you lease or occupy these premises. CG76991 21 Includes copyrighted material of ISO Properties Inc. with its permission. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Any architect engineer or surveyor engaged by you but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. 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 or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you. Any manager or lessor of a premises leased to you but only with respect to liability arising out of the ownership maintenance or use of that part of a premises leased to you subject to the following additional exclusions This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any state or governmental agency or subdivision or political subdivision subject to the following C676991 21 Page 30f 8
2
1 This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or b The construction erection or removal of elevators or c The ownership maintenance or use of any elevators covered by this insurance. This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to a Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or Bodily injury or property damage included within the products completed operations hazard. b Any vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business. With respect to the insurance afforded to these vendors the following additional exclusions apply 1 The insurance afforded any vendor does not apply to a Bodily injury or property damage for which any vendor 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 that any vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you b c Any physical or chemical change in the product made intentionally by any vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at any vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for any vendor or Bodily injury or property damage arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to The exceptions contained in Subparagraphs d or f or ii Such inspections adjustments tests or servicihg as any vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. Any Mortgagee Assignee Or Receiver but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you. d h CG76991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 8
2
This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Any Owners Or Other Interests From Whom Land Has Been Leased but only with respect to liability arising out of the ownership maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds the following additional exclusions apply 1 This insurance does not apply to a Any occurrence which takes place after you cease to lease that land b Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any person or organization from whom you lease equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. Any Owners Lessees or Contractors for whom you are performing operations but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1 Your acts or omissions or 2 The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. A person s or organization s status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds the following additional exclusions apply does not apply to structural lew construction and ations performed by or for rganization. Or Other Interests From as Been Leased but only liability arising out of the itenance or use of that part d to you. the insurance afforded to insureds the following sions apply ice does not apply to ccurrence which takes ter you cease to lease that al alterations new stion or demolition ns performed by or on f such additional insured. rganization from whom you it but only with respect to bodily injury property personal and advertising in whole or in part by your operation or use of d to you by such persons S. ganization s status as an d under this endorsement contract or agreement with sed equipment ends. the insurance afforded to insureds this insurance to any occurrence which fter the equipment lease essees or Contractors for performing operations but ect to liability for bodily y damage or personal and y caused in whole or in omissions or omissions of those acting alf ce of your ongoing e additional insured. ganization s status as an d under this endorsement operations for that d are completed. the insurance afforded to insureds the following sions apply This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Supervisory inspection architectural or engineering activities. 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 or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. 2 Bodily injury or property damage occurring after a All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any Grantor of Licenses to you but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when 1. The license granted to you by such persons or organizations expires or 2. Your license is terminated or revoked by such persons or organizations prior to expiration of the license as stipulated by the contract or agreement. b Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 8 C676991 21 Page 50f 8
2
k. Any Grantor of Franchise but only with respect to their liability as grantor of a franchise to you. I. Any Co owner of Insured Premises but only with respect to their liability as co owner of any insured premises. m. Any Concessionaires Trading Under Your Name but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of the sole negligence or willful misconduct of the additional insured or its agents employees or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits of Insurance If coverage provided to any 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 or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. R. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section Il Who Is An Insured Paragraph 3.a. is replaced by the following 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. DAMAGE TO PREMISES RENTED TO YOU Section Ill Limits of Insurance paragraph 6. is replaced by the following Subject to 5.a. above the Damage To Premises Rented To You Limit or 500000 whichever is higher is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire smoke or leakage from automatic protection systems while rented to you or temporarily occupied by you with permission of the owner. MEDICAL PAYMENTS INCREASED LIMITS Section Ill Limits of Insurance paragraph 7. is replaced by the following u. A 7. Subject to Paragraph 5.a. above 10000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states a No Coverage or b 1000 or c 5000 or d A limit higher than 10000. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Conditions paragraph 2. is amended to add the following e. Your obligation to notify us promptly of an occurrence or offense which may result in a claim or a suit is satisfied if you provide us with the required notice as soon as practicable after your School District Administrator or anyone else designated by you to be responsible for insurance matters is notified or in any manner made aware of an occurrence offense claim or suit. SCHOOL DISTRICT PROFESSIONAL HEALTH CARE SERVICES Section IV Commercial General Liability Conditions paragraph 4. Other Insurance b. Excess Insurance 1a is amended to add the following v That is Professional Health Care Services Insurance. PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION Section IV Commercial General Liability Conditions paragraph 4. Other Insurance is amended to add the following This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However if the additional insured has been added as an additional insured on other policies whether primary excess contingent or on any other basis this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. CG76991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 8
2
X. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Conditions paragraph 6. Representations is amended to add the following If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under the Coverage Form solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV Commercial General Liability Condition paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of Your ongoing operations or 1. Your work included in completed operations hazard. However this waiver applies only when you have agreed in writing to waive such rights of recovery in a written contract or agreement and only if the written contract or agreement 1. s in effect or becomes effective during the term of this policy and 2. Was executed prior to loss SECTION V DEFINITIONS follows 1. MENTAL ANGUISH Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. 2. DISCRETIONARY EMPLOYEES Definition 5. Employee is replaced by the following the products is amended as Employee includes a leased worker. Employee does not include a temporary worker. However if the insured is an educational institution temporary worker does not include any discretionary employees such as substitute teachers who are acting within the scope of their duties as such. Any such discretionary employee will be considered an employee of the insured. For purposes of this definition discretionary employees are those individual workers who do not have established work hours but do perform regular job duties at the election of the employer and who are paid on the basis of services performed. 3. INSURED CONTRACT Definition 9.a. Insured AA. contract is replaced by the following 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 lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract EXTENDED PROPERTY DAMAGE COVERAGE Section VI is added as follows Provisions of the Commercial General Liability Coverage Form and related revisions provided in other portions of this Commercial General Liability Amendment apply unless modified by the following SCHEDULE Limits of Insurance Deductible 100000 Each Occurrence 250 Per Claim 100000 Annual Aggregate Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of property damage to personal property of others while the property is in an insured s care custody or control or over which an insured is for any purpose exercising physical control. Property damage must arise out of the insured s operations as a school. 2. Exclusions a. Section Coverage A Exclusion 2.j.4 does not apply to coverage provided by this extension. b. Section Coverage A Exclusion 2.l does not apply to an auto loaned to you for use in an automobile shop class. 3. Limits of Insurance a. The Each Occurrence Limit listed above is the most we will pay for damages because of property damage to personal property in the care custody or control of the insured as a result of any one occurrence regardless of the number of 1 Insureds C676991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 0f 8
2
4. Deductible a. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the Deductible amount listed above. b. We may pay any part or all of the Deductible amount to effect settiement of any claim or suit and you shall promptly reimburse us for that part of the Deductible we paid upon notification by us. AB. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits. The Aggregate Limit listed above is the most we will pay for all damages because of property damage to personal property in your care custody or control during the policy period. Any payments we make for damages because of property damage to personal property in your care custody or control will apply against the General Aggregate Limit shown in the Declarations. CG76991 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 8 of 8
2
COMMERCIAL GENERAL LIABILITY 2019 GENERAL LIABILITY MULTISTATE AND STATE SPECIFIC ENDORSEMENT REVISION COMMERCIAL GENERAL LIABILITY COVERAGE PART ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new and revised endorsements which applies to your renewal policy being issued by us ENDORSEMENTS WITH EITHER BROADENINGS OR REDUCTIONS IN COVERAGE CG2017 Additional Insured Unit owners Of Townhouse Or Homeowner Associations This endorsement is revised to include unit owners of homeowner associations. In addition a provision is added to address restriction of coverage to the unit owner for liability arising out of maintenance use or repair of a portion of the premises common area that is reserved for the unit owner s exclusive use or occupancy e.g. assigned parking area garden plot storage closets or lockers. With respect to unit owners of homeowner associations this represents a broadening of coverage. With respect to unit owners of townhouse associations the provision restricting additional insured status for a unit owner s liability arising out of the ownership maintenance use or repair of that portion of the premises which is reserved for the unit owner s exclusive use or occupancy may be a reduction in coverage. CG2131 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program This endorsement is revised to add a definition of controlled wrap up insurance program and revise Paragraph A. to emphasize the application of the exclusion to bodily injury and property damage arising out of ongoing operations as well as included within the products completed operations hazard at the locations described in the Schedule. The attachment of this endorsement may result in a reduction of coverage unless If this endorsement replaces the previous version of CG2131 on a policy it may result in a broadening of coverage. If this endorsement replaces CG2154 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CG2154 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program This endorsement is revised to add a definition of controlled wrap up insurance program and revise Paragraph A. to emphasize the application of the exclusion to bodily injury and property damage arising out of ongoing operations as well as included within the products completed operations hazard at the locations described in the Schedule. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces the previous version of CG2154 on a policy it may result in a broadening of coverage. CG2236 Exclusion Limited Products And Professional Services Pharmacists This endorsement has been revised to limit the products completed operations hazard exclusion to apply only to bodily injury or property damage arising out of the insured s products dispensed or sold in connection with the pharmacist s services e.g. prescription drugs. If the attachment of this endorsement replaces the prior version of CG2236 it may result in a broadening of coverage. The attachment of this endorsement to a policy not containing the prior version of CG2236 results in a reduction of coverage. CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 7
2
CG2269 Pharmacists This endorsement is revised to Generally address state or federal laws affecting the professional services provided by pharmacists Amend the exclusion for willful violation of a penal statute or ordinance to apply to the willful violation of applicable state or federal laws governing pharmacists not just sales of pharmaceuticals Amend the exclusion for certain specific services performed by a pharmacist to apply to all tests not just blood tests Remove managing drug therapy from the exclusion for certain specific services performed by a pharmacist and Other editorial changes. With respect to removal of managing drug therapy from the exclusion of certain specified services this change may be considered a broadening in coverage. With respect to the amendment to the willful violation exclusion and the amendment to the exclusion for certain specified services related to tests these changes may result in a reduction of coverage. Other changes have no impact on coverage. CG2302 Exclusion Professional Services Pharmacists When this endorsement is attached to your policy it will exclude bodily injury and property damage arising out of rendering of or failure to render professional health care services as a pharmacist but this exclusion does not apply to bodily injury or property damage included within the products completed operations hazard. If the attachment of this endorsement replaces CG2236 Exclusion Limited Products And Professional Services Pharmacists it may result in a broadening of coverage. The attachment of this endorsement to a policy not containing CG2236 results in a reduction of coverage. CG2303 Exclusion Professional Services Optical And Hearing Aid Establishments When this endorsement is attached to your policy it excludes bodily injury and property damage arising out of rendering of or failure to render professional health care services including services in connection with optical goods and hearing aid establishments such as the prescribing or fitting of ophthalmic lenses or hearing aid devices but will not exclude bodily injury and property damage arising out of the products completed operations hazard. If attachment of this endorsement replaces G2237 Exclusion Products And Professional Services Optical And Hearing Aid Establishments it may result in a broadening of coverage. The attachment of this endorsement to a policy not previously containing CG2237 results in a reduction of coverage. CG4007 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program Limited Exception For Additional Insureds When this endorsement is attached to your policy it will exclude coverage for designated operations covered by a controlled wrap up insurance program but contains a limited exception for additional insureds who are not enrolled in a controlled wrap up insurance program with respect to the location described in the Schedule of the endorsement. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces CG2154 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CG4008 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program Limited Exception For Additional Insureds When this endorsement is attached to your policy it will exclude coverage for designated operations covered by a controlled wrap up insurance program unless the wrap up program covering operations designated in the Schedule has been cancelled nonrenewed or otherwise no longer applies for reasons other than exhaustion of available limits. This endorsement also contains a limited exception for any person or organization as an additional insured who is not enrolled in a wrap up insurance program with respect to the location described in the Schedule of the endorsement. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces CG2154 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program or CG2131 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CG4009 Amendment Of Liquor Liability Exclusion Limited Exception For Bring Your Own Alcohol When this endorsement is attached to your policy it will replace the liquor liability exclusion currently in your policy. It applies the exclusion if you manufacture sell or distribute alcoholic beverages and more generally applies the exclusion if you serve or furnish alcoholic beverages whether or not a charge is made or a license is required. It does provide an exception for liability resulting from the intoxication of any person because alcoholic beverages were permitted on your premises for consumption on your premises. CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 7
2
If the attachment of this endorsement replaces Endorsements CG2150 Amendment Of Liquor Liability Exclusion or CG2151 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities it may result in a broadening of coverage. The attachment of this endorsement to a policy not containing endorsements CG2150 or CG2151 results in a reduction of coverage. ENDORSEMENTS THAT ONLY REFLECT A REDUCTION IN COVERAGE CG2011 Additional Insured Managers Or Lessors Of Premises CG2024 Additional Insured Owners Or Other Interests From Whom Land Has Been Leased These endorsements have been revised to delete arising out of and add specific language that provides an additional insured with coverage for their vicarious or contributory negligence only. When these endorsements are attached to your policy there may be a reduction in coverage for those states in which Named insureds are permitted to contractually hold harmless an additional insured for that additional insured s sole negligence and Courts have enabled coverage for the sole negligence of the additional insured. CG2297 Pharmacists Broadened Coverage This endorsement is revised to Generally address state or federal laws affecting the professional services provided by pharmacists Amend the exclusion for willful violation of a penal statute or ordinance to apply to the willful violation of applicable state or federal laws governing pharmacists not just sales of pharmaceuticals Add negligent supervision related language and Other editorial changes. There is no impact on coverage. However the negligent supervision provision may result in a reduction in coverage in states where courts have ruled professional services exclusions to be inapplicable to negligent supervision claims and other similar types of claims. CG3454 Cannabis Exclusion When this endorsement is attached in conjunction with the Limited Product Withdrawal Expense Endorsement CG0436 to your policy it generally excludes product withdrawal expensesrelated exposures associated with cannabis. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for product withdrawal expenses arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the product withdrawal expense does not arise out of your selling serving or furnishing of cannabis to any such person. CG3455 Cannabis Exclusion With Hemp Exception When this endorsement is attached in conjunction with the Limited Product Withdrawal Expense Endorsement CG0436 to your policy it generally excludes product withdrawal expenses related exposures associated with cannabis while also containing an exception addressing product withdrawal expenses arising out of goods or products containing or derived from hemp or damage to such goods or products. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Product withdrawal expenses arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the product withdrawal expense does not arise out of your selling serving or furnishing of cannabis to any such person and Product withdrawal expenses arising out of goods or products containing or derived from hemp including but not limited to i seeds ii food iii clothing iv lotions oils or extracts v building materials or vi paper and product withdrawal expenses incurred by you because of property damage to any such goods or products unless and to the extent any such goods or products are prohibited under an applicable state or local statute regulation or ordinance in the state wherein your products involved in the product withdrawal are located or were located at the time the injury or damage occurred. CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 7
2
CG4001 Genetically Modified Organism Exclusion Endorsement When this endorsement is attached to your policy bodily injury property damage and personal and advertising injury arising out of genetic modification whether by design or accident will be excluded. To the extent that current policy exclusions do not limit liability arising out of genetically modified products attachment of this endorsement to your policy will result in a reduction of coverage. CG4002 Genetically Modified Organism Exclusion For Designated Operations Or Products Endorsement When this endorsement is attached to your policy bodily injury property damage and personal and advertising injury arising out of genetic modification whether by design or accident will be excluded but only with respect to operations or products listed in the Schedule of the endorsement. To the extent that current policy exclusions do not limit liability arising out of genetically modified products attachment of this endorsement to your policy will result in a reduction of coverage. CG4003 Exclusion Athletic Or Sports Participants All Contests Or Exhibitions When this endorsement is attached to your policy it will expressly exclude coverage under Coverage A with respect to operations described in the Schedule of the endorsement for bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition. If this endorsement is attached as a replacement for CG2101 Exclusion Athletic Or Sports Participants it may result in a restriction in coverage with respect to events the insured does not sponsor. If this endorsement is newly attached to the Policy it may result in a restriction in coverage. CG4004 Exclusion Earth Movement When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations related to your work as defined within the Policy. To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CG4005 Exclusion Earth Movement Completed Operations When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations related to your work as defined in the Policy and that is included in the products completed operations hazard also as defined in the Policy. To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CG4006 Earth Movement Exclusion For Designated Operations Or Projects When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations but only with respect to operations or projects described in the Schedule of the endorsement and as those operations or projects relates to your work as defined within the Policy. To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CG4010 Exclusion Cross Suits Liability When this endorsement is attached to your policy any claim or suit for damages that are brought by any Named Insured against another Named Insured will be excluded. To the extent that an exposure exists with respect to cross suits being brought between Named Insureds the attachment of this endorsement will result in a reduction in bodily injury property damage or personal and advertising injury coverage with respect to such exposure related to cross suits liability. CG4011 Exclusion Hired Auto Liability When this endorsement is attached to a policy this endorsement will exclude liability arising out of a hired auto. To the extent that CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 7
2
An exposure exists with respect to any hired auto or Liability is assumed under any insured contract for the maintenance use or entrustment of any hired auto the attachment of this endorsement will result in a reduction in bodily injury and property damage liability coverage with respect to such exposures related to any hired auto. CG4012 Exclusion All Hazards In Connection With An Electronic Smoking Device Its Vapor Component Parts Equipment And Accessories When this endorsement is attached to your policy it will generally exclude all bodily injury property damage or personal and advertising injury with respect to an electronic smoking device. To the extent that an exposure exists with respect to an electronic smoking device its vapor component parts equipment and accessories attachment of this endorsement will result in a reduction in coverage. CG4013 Exclusion Health Hazards Electronic Smoking Device Vapor When this endorsement is attached to your policy it will generally exclude bodily injury with respect to vapor delivered from an electronic smoking device. To the extent that an exposure exists with respect to the actual alleged threatened or suspected inhalation of contact with exposure to existence of or presence of vapor delivered from an electronic smoking device or any component part of or equipment or accessory designed for use with an electronic smoking device in connection with the actual alleged threatened or suspected inhalation of contact with exposure to existence of or presence of vapor delivered from an electronic smoking device not otherwise excluded the attachment of this endorsement will result in a reduction in bodily injury coverage. However such reduction in coverage does not apply to coverage for bodily injury arising out of the explosion bursting or rupturing of an electronic smoking device or any component part equipment or accessory designed for use with an electronic smoking device for any reason due to a related exception in the endorsement. CG4014 Cannabis Exclusion When this endorsement is attached to your policy it generally excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damages does not arise out of your selling serving or furnishing of cannabis to any such person and Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and i wrongful eviction. CG4015 Cannabis Exclusion With Hemp Exception When this endorsement is attached to your policy it generally excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis while also containing an exception generally addressing injury or damage arising out of goods or products containing or derived from hemp or damage to such goods or products. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damages does not arise out of your selling serving or furnishing of cannabis to any such person Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and i wrongful eviction and Bodily injury property damage or personal and advertising injury arising out of goods or products containing or derived from hemp including but not limited to i seeds ii food iii clothing iv lotions oils or extracts v building materials or vi paper and property damage to any such goods or products unless and to the extent any such goods or products are prohibited under an applicable state or local statute regulation or ordinance in the state wherein the i bodily injury or property damage occurs ii occurrence which caused the bodily injury or property damage takes place or iii the offense which caused the personal and advertising injury was committed. CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 7
2
CG4016 Cannabis Exclusion With Hemp And Lessors Risk Exceptions When this endorsement is attached to your policy it generally excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis while also containing an exception addressing injury or damage arising out of goods or products containing or derived from hemp or damage to such goods or products. It also contains an explicit exception addressing bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of a premises leased to others by you. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damages does not arise out of your selling serving or furnishing of cannabis to any such person Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and ii wrongful eviction due to related exceptions in the endorsement Bodily injury property damage or personal and advertising injury arising out of goods or products containing or derived from hemp including but not limited to i seeds ii food iii clothing iv lotions oils or extracts v building materials or vi paper and property damage to any such goods or products unless and to the extent any such goods or products are prohibited under an applicable state or local statute regulation or ordinance in the state wherein the i bodily injury or property damage occurs i occurrence which caused the bodily injury or property damage takes place or iii the offense which caused the personal and advertising injury was committed and Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of a premises leased to others by you. ENDORSEMENTS THAT REFLECT A REINFORCEMENT OR NO CHANGE IN COVERAGE CG0436 Limited Product Withdrawal Expense Endorsement CG0449 Texas Limited Product Withdrawal Expense Endorsement CG0462 Arkansas Limited Product Withdrawal Expense Endorsement CG0470 Missouri Limited Product Withdrawal Expense Endorsement CG2727 Kansas Limited Product Withdrawal Expense Endorsement This endorsement is revised to delete the second paragraph under Paragraph B.3.a. under the Limits Of Insurance section relating to the insured s reimbursement to the insurer of any payment of all or part of any deductible amount that the insurer is required to pay by law. As this endorsement only relates to reimbursement for product withdrawal expenses incurred by you and not product withdrawal expenses that you become legally obligated to pay as damages there is no impact on coverage. CG0158 Additional Insured Oklahoma Changes Additional Insured Engineers or Architects CG2003 Additional Insured Concessionaires Trading Under Your Name CG2005 Additional Insured Controlling Interest CG2007 Additional Insured Engineers Architects Or Surveyors CG2010 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG2011 Additional Insured Managers Or Lessors Of Premises CG2012 Additional Insured State Or Governmental Agency Or Subd Permits Or Authorizations CG2013 Additional Insured State Or Governmental Agency Or Subd Permits Or Authorizations Relating To Premises CG2015 Additional Insured Vendors CG2018 Additional Insured Mortgagee Assignee Or Receiver CG2023 Additional Insured Executors Administrators Trustees Or Beneficiaries CG2024 Additional Insured Owners Or Other Interests From Whom Land Has Been Leased CG2026 Additional Insured Designated Person Or Organization CG2027 Additional Insured Co owner Of Insured Premises sion Or Political Subdivision sion Or Political Subdivision CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 7
2
CG2028 Additional Insured Lessor Of Leased Equipment CG2029 Additional Insured Grantor Of Franchise G2030 Oil Or Gas Operations Nonoperating Working Interests CG2031 Additional Insured Engineers Architects Or Surveyors CG2032 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG2033 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG2034 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG2035 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG2036 Additional Insured Grantor Of Licenses CG2037 Additional Insured Owners Lessees Or Contractors Completed Operations CG2038 Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement These endorsements are revised to remove the phrase shown in the Declarations in order to account for limits of insurance that may be available under an endorsement attached to the Policy. Some endorsements include other minor editorial revisions. These changes result in no impact on coverage. CG2101 Exclusion Athletic Or Sports Participants CG2271 Colleges Or Schools Limited Form CG2272 Colleges Or Schools These endorsements are revised So that negligent supervision related language will apply to the participation or practicing of any sports or athletic contests and To replace while with arising out of in relation to the phrase practicing for or participating in to reinforce that injuries can be revealed at a time later than the related practice or participation. These revisions are a reinforcement of original coverage intent and have no impact on coverage. CG2137 Exclusion Employees And Volunteer Workers As Insureds CG2166 Exclusion Volunteer Workers These endorsements are revised to provide for consistency with wording in other forms and are a clarification of coverage intent. CG2141 Exclusion Intercompany Products Suits This endorsement is revised to include the term suit within the endorsement for consistency with language used in the new cross suits liability exclusion endorsements and is a clarification of coverage intent. CG2265 Optical And Hearing Aid Establishments This endorsement is revised to replace including with the following in the Insuring Agreement provision and other editorial revisions. This is a reinforcement of coverage intent and has no impact on coverage. CG2404 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation This endorsement is revised to address various situations where the insured has agreed to waive its right of recovery against another person or organization and adds a provision to reinforce that the waiver of the insurer applies only to the extent that the insured has waived its right of recovery and that the insured s waiver occurred prior to loss. Other editorial revisions have also been made. These changes have no impact on coverage. CG2453 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation Automatic When this endorsement is attached to your policy it will automatically waive the insurer s right of recovery on a blanket basis to the extent the insured has waived its right of recovery in a written contract or agreement. Attachment of this endorsement does not impact coverage. CG9909 Premium Audit Noncompliance Charge When this endorsement is attached to your policy it may apply a premium audit noncompliance charge andor a reassessment charge if you do not cooperate with a premium audit at the end of the policy period as provided in the Premium Audit Condition in your policy. Attachment of this endorsement does not impact coverage but this may incur additional charges if you fail to cooperate with a premium audit. CG825412 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 of 7
2
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deli vering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deli vering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. 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. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years af terward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordin ances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represent ative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 a
2
IL 00 21 05 02 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 AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 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 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 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 Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 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 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 prop erty thereat. 2 3. 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. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 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 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 prop erty thereat.. 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. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a
2
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. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal 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 ISO Properties Inc. 2001 IL 00 21 05 02 m
2
IL02591217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellaton Common Policy Condition does not apply. Insurance Services Office Inc. 2017 Page 1 of 2 IL 02591217
2
C. The following is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 IL02591217
2
NNNNNNNNN MEMC Employers Mutual Casualty Company NONASSESSABLE POLICY MUTUAL PROVISIONS Corporate Office Des Moines lowa The Insured shall not be liable for any assessment under this policy. By acceptance of this policy the Named Insured becomes a member of the Company and shall be entitled to vote at all meetings of the Company and shall upon termination of this policy participate in the distribution of dividends as fixed and determined by the directors in accordance with law. The annual meeting of the members i held at the Corporate Office of the Company in Des Moines lowa at 930 a.m. Central time on the second Wednesday in February of each year. IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC MEMC EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Ul Todd A Strother Secretary Scott R. Jean President Union Insurance Company of Providence Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i HT cjj Todd A Strother Secretary Scott R. Jean President MEMC llinois EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC Dakota Fire Insurance Company Corporate Office Bismarck North Dakota IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa Corporate Office Des Moines lowa Corporate Office Des Moines lowa 1L70043 20 Page 10f 2
2
MNEMC EMC Property Casualty Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i A j Todd A Strother Secretary Scott R. Jean President MENC Employers Mutual Casualty Company MUTUALS MEMBERSHIP AND VOTING NOTICE Corporate Office Des Moines lowa Applicable in the State of Texas The Insured is notified that by virtue of this policy the Insured is a member of the Employers Mutual Casualty Company of Des Moines lowa and is entitled to vote either in person or by proxy at any and all meetings of said Company. The Annual Meetings are held in its Corporate Office Des Moines low on the second Wednesday of February in each year at 930 am. Central time. MUTUALS PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY No Contingent Liability This policy is non assessable. The policyholder is a member of the Company and shall participate to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF this Company has executed and attested these presents. f Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa 1L70043 20 Page 20f 2
2
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L70285 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1
2
ASBESTOS NOTICE The Asbestos Exclusion attached to this policy clarifies our intent not to provide this coverage. It should be noted that by virtue of the Pollution Exclusion little if any coverage is thought to have existed previously. Involvement with asbestos exposures should be directed to highly skilled asbestos contractors andor consultants that have specialized insurance programs. EMC Insurance Companies Form IL8021 Ed. 4 88
2
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to httpgo.cms.govmirnghp or consult with your attorney. 1L857610 17 Page 1 0f 1
2
Insured Name Excel Industries Inc. Policy Number GLO 0782528 00 Effective Date 06242021 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA General Liability 339.00 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier Copyright 2020 Zurich American Insurance Company U GU630 E CW 0120 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 Insured Name Excel Industries Inc. Policy Number GLO 0782528 00 Effective Date 06242021 eneral Liability 339.00
2
as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2
2
Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add. Prem Return Prem. GLO 0782528 00 06242021 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. 06242022 This endorsement modifies your insurance 06242021 37385000 A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be aviolent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. U GU767 B CW 0115 Page 1 of 1 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
Z Disclosure Statement ZURlCH It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1 of 1
2
statement i ZURICH NOTICE OF DISCLOSURE FOR AGENT AND BROKER COMPENSATION Disclosure Statement If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 1 of 1
2
COMMERCIAL INSURANCE Policy Number GLO 0782528 00 Named Insured and Mailing Address Excel Industries Inc. SEE NAMED INSURED ENDT 200 S Ridge Rd Hesston KS 67062 8808 COMMON POLICY DECLARATIONS Renewal of Number Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385000 Policy Period Coverage begins 06242021 at 1201 A.M. Coverage ends 06242022 at 1201 A.M. The named insured is Individual Partnership Corporation Oother This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES General Liability PREMIUM 34285.00 issued by Zurich American Insurance Company THIS PREMIUM MAY BE SUBJECT TO AUDIT TOTAL 34285.00 This premium does not include Taxes and Surcharges. See Installment Schedule Taxes and Surcharges TOTAL 0.00 The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. U GU D310 A 0193 Page 1of 1 General Liability PREMIUM 34285.00 issued by Zurich American Insurance Company PREMIUM e g et M PRy et e i M Ieeih gl Hietel M e WA IR R
2
Named Insured Excel Industries Inc. Policy Number GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Common Policy Forms and Endorsements U GU630 E CW U GU767 B CW U GU D310 A U GU619 A CW U GU319 F U GU621 A CW U GU406 B U GU618 A CW IL00 17 1L00 21 IL 02 61 IL 00 03 U GU1191 A CW 0120 0115 0193 1002 0109 1002 0715 1002 1198 0908 0907 0908 0315 Disclosure of Important Information Relating to Terrorism Risk Insurance Act Cap On Losses From Certified Acts Of Terrorism Common Policy Declarations Schedule of Forms and Endorsements Important Notice In Witness Clause Schedule Of Named Insureds Installment Premium Schedule Schedule of Locations Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement Broad Form Kansas Changes Cancellation And Nonrenewal Calculation Of Premium Sanctions Exclusion Endorsement General Liability Forms and Endorsements U GL1517 B CW U GL2160 A CW U GL849 B CW U GL914 B CW U GL D1115 B CW U GL1113 A CW U GL D849 B CW CG 00 01 U GL1171 B CW U GL1342 A CW U GL1345 C CW U GL1178 A CW 0413 117 0804 0804 0904 1002 0904 0413 0719 1007 0320 0703 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Designated Location General Aggregate Limit Erodes All Designated Locations Total General Aggregate Limit Employee Benefits Liability Claims Made Coverage Form Electromagnetic Radiation Exclusion Commercial General Liability Coverage Part Declarations Commercial General Liability Coverage Schedule Employee Benefit Liability Coverage Part Claims Made Declarations Commercial General Liability Coverage Form Fungi Or Bacteria Exclusion Endorsement Lead Exclusion General Liability Supplemental Coverage Endorsement Asbestos Exclusion Endorsement SCHEDULE OF FORMS AND ENDC ULy TNUet GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 smmon Policv Forms and Endorsements Agent No. 37385000 1 AW Losses rrom Lerlined ACts U1 Terrorism n Policy Declarations le of Forms and Endorsements nt Notice In Witness Clause le Of Named Insureds ent Premium Schedule le of Locations n Policy Conditions Energy Liability Exclusion Endorsement Broad Form Changes Cancellation And Nonrenewal ion Of Premium ns Exclusion Endorsement ng And Distribution Of Material Or Information In Violation Of Law N s Liability Claims Made Coverage Form adiation Exclusion ral Liability Coverage Part Declarations ral Liability Coverage Schedule Liability Coverage Part Claims Made Declarations ral Liability Coverage Form Exclusion Endorsement upplemental Coverage Endorsement ErAArearant A LW B CW B CW A CW ccw A W U GU619 A CW 1002 Page 1 of 2
2
Policy Number GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 CG 0109 1185 Kansas And Oklahoma Changes Transfer Of Rights U GL2199 A CW 0720 Communicable Disease Exclusion Scheduled and Uncontrolled With Limited Exceptions U GL850 A CW 0796 Deductible Endorsement Claims Made CG 2104 1185 Exclusion Products Completed Operations Hazard CG 2108 0514 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only CG 2132 0509 Communicable Disease Exclusion CG 2147 1207 Employment Related Practices Exclusion CG 2155 0999 Total Pollution Exclusion With A Hostile Fire Exception SCHEDULE OF FORMS AND ENDC lamed Insured Excel Industries Inc. ULy TNUet GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 50109 1185 Kansas And Oklahoma Changes Transfer Of Rights GL2199 A CW 0720 Communicable Disease Exclusion Scheduled and Uncontrolled With Limited Exceptions GL850 A CW 0796 Deductible Endorsement Claims Made G 2104 1185 Exclusion Products Completed Operations Hazard 52108 0514 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only 52132 0509 Communicable Disease Exclusion 52147 1207 Employment Related Practices Exclusion 52155 0999 Total Pollution Exclusion With A Hostile Fire Exception Agent No. 37385000 1185 0720 0796 1185 0514 0509 1207 0999 U GU619 A CW 1002 Page 2 of 2
2
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. et S am tywy President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about you insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page 1 of 1
2
Policy Number GLO 0782528 00 SCHEDULE OF NAMED INSUREDS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 NAMED INSURED Excel Industries Inc. Hustler Turf Equipment Inc Excel Industries Export Company a Delaware DISC Excel Industries DISC Holding LLC a Delaware LLC 2315708 Ontario Inc SCHEDULE OF NAMED INSUI ULy TNUet GLO 0782528 00 SCHEDULE OF NAMED INSUREDS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 Excel Industries Inc. Hustler Turf Equipment Inc Excel Industries Export Company a Delaware DISC Excel Industries DISC Holding LLC a Delaware LLC 2315708 Ontario Inc U GU621 A CW 1002 Page 1 of 1
2
Z ZURICH INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amounts shown below. NAMED INSURED POLICY NUMBER ENDORSEMENT NUMBER Excel Industries Inc. GLO 0782528 00 POLICY NUMBER GLO 0782528 00 ENDORSEMENT NUMBER PAYMENT DUE 062421 072421 082421 092421 102421 112421 122421 012422 022422 032422 TOTAL STANDARD PREMIUM 8671.19 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 34285.00 TOTAL PREMIUM 8571.19 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 34285.00 TAXES Failure to pay the installment Premium by the Due Date shown shall constitute non payment of premium for which we may cancel this policy. U GU406 B 0715
2
Policy Number GLO 0782528 00 SCHEDULE OF LOCATIONS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Loc. Bldg. Designated Locations No. No. Address City State ZIP Code Oceupancy 001 200 S Ridge Rd Hesston KS 67062 8808 001 001 200 S Ridge Rd Hesston KS 67062 8808 ULy TNUet GLO 0782528 00 SCHEDULE OF LOCATIONS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 U GU618 A CW 1002 Page 1 of 1
2
IL00 17 11 98 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Dec larations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or de livering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other reason. 3. 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. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating ad visory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifi cation under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Dec larations 1. Is responsible for premiums and the payment of all 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal represen tative is appointed anyone having proper tem porary custody of your property will have your rights and duties but only with respect to that property. Named Insured shown in the Dec ay cancel this policy by mailing or to us advance written notice of n. ancel this policy by mailing or de the first Named Insured written ancellation at least s before the effective date of can n if we cancel for nonpayment of m or s before the effective date of can n if we cancel for any other ail or deliver our notice to the first ured s last mailing address known cancellation will state the effective ancellation. The policy period will t date. icy is cancelled we will send the d Insured any premium refund due. el the refund will be pro rata. If the d Insured cancels the refund may n pro rata. The cancellation will be IS Mdlled proot Of maiing will be nt proof of notice. contains all the agreements between s concerning the insurance afforded. lamead Inetirad chram in the DNanlara. Copyright Insurance Services Office Inc. 1998 IL00 17 11 98 Page 1 of 1
2
IL 00 21 09 08 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 AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. pqder any Liability Coverage to. bodily A. Under any Liability Coverage to bodily injury or property damage resulting from injury or property damage hazardous properties of nuclear mater ial if 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the 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 agree ment entered into by the United States of America or any agency thereof with any person or organization. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous prop erties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 1 The nuclear material a is at any nuclear facility owned by or op erated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property dam age arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to prop erty damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. ISO Properties Inc. 2007 IL 00 21 09 08 Page 1 of 2
2
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or con tains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radio active contamination of property. ISO Properties Inc. 2007 Page 2 of 2 IL 00 21 09 08
2
IL 02 61 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Pol icy Condition is replaced by the following 2.a. We may cancel this policy by mailing or 4 Unfavorable underwriting factors spe cific to you exist that were not present at the inception of this policy delivering to the first Named Insured writ 5 A determination by the insurance com ten notice of cancellation stating the rea missioner that continuation of coverage sons for cancellation at least could place us in a hazardous financial 1 10 days before the effective date of condition or in violation of the laws of cancellation if we cancel for nonpay Kansas or ment of premium. 6 A determination by the insurance com 2 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of ma terial misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy missioner that we no longer have ade quate reinsurance to meet our needs. B. The following is added and supersedes any condition to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonre newal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Copyright ISO Properties Inc. 2006 IL 02 61 09 07 Page 1 of 1
2
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. ISO Properties Inc. 2007 IL 00 03 09 08 Page 1 of 1
2
Z ZURICH Sanctions Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. All other terms and conditions of this policy remain unchanged. U GU1191 A CW 0315 Page 1 of 1
2
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer No. 37385000 Addl Prem. Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon 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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon 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 Transaction Act FACTA or U GL1517 B CW 0413 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
Z ZURICH Designated Location General Aggregate Limit Erodes All Designated Locations Total General.. ZURICH Aggregate Limit THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0782528 00 Effective Date 06242021 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Designated Locations Each location other than construction projects occupied owned or rented by the named insured All Designated Locations Total General Aggregate Limit 10000000 If no amount is shown for the All Designated Locations Total General Aggregate Limit 4000000 applies. A. Solely with respect to all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. The following is added to Section lll Limits Of Insurance The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all a. Damages under Coverage A and b. Medical expenses under Coverage C which 1 Can be attributed only to operations at any of the single designated locations and 2 Applies towards any Designated Location General Aggregate Limit as indicated in Paragraph A.1. of this endorsement. Such payments shall not reduce the General Aggregate Limit shown in the Declarations. U GL2160 A CW 1117 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
4. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall also reduce the All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. However such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location. 5. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the a. Applicable Designated Location General Aggregate Limit and b. All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. 6. Paragraph 5. of Section lll Limits Of Insurance is replaced by the following 5. Subject to a. The applicable Designated Location General Aggregate Limit as indicated in Paragraph A.1. of this endorsement and b. The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement the Each Occurrence Limit is the most we will pay for the sum of 1 Damages under Coverage A and 2 Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. B. Solely with respect to all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce a. Any Designated Location General Aggregate Limit or b. The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the 1. General Aggregate Limit 2. Designated Location General Aggregate Limit or 3. All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. D. Solely with respect to this endorsement the following definition is added to the Definitions Section Designated Location means Each Location described in the Schedule of this endorsement including premises you own or rent or premises that are temporarily occupied by you. Unless otherwise indicated in such schedule a designated location involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad will be deemed to be a single designated location. U GL2160 A CW 1117 Page20f3 Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
Solely with respect to this endorsement Paragraph 1. of Section lll Limits Of Insurance is replaced by the following 1. The Limits of Insurance shown in the Declarations the All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms conditions provisions and exclusions of this policy remain the same. U GL2160 A CW 1117 Page3of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
Employee Benefits Liability 6 Claims Made Coverage Form ZURICH This Coverage Form provides claims made coverage. Please read the entire form carefully. 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. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. in the Declarations or after the end of the policy period. Section. Coverage Employee Benefit Liability 1. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of an act error or omission in the administration of the insured s employee benefit programs. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for any act error or omission for which this insurance does not apply. We may at our discretion investigate any claim and settle any suit that may result but 1 The amount we pay for damages is limited as described in Section II. Limits of Insurance of this Coverage Part 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 this Employee Benefit Liability coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. B. 1 This insurance applies to an act error or omission only if a. A claim arising out of the act error or omission is first made against any insured during the policy period b. The act error or omission takes place in the coverage territory. The insured had no knowledge of and could not have reasonably foreseen any circumstances which might result in a claim or suit and d. The act error or omission did not occur before the Retroactive Date if any shown 2 A claim will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. All claims for damages to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to A. Bodily injury property damage or personal and advertising injury B. Any claim or suit arising out of any dishonest fraudulent criminal or malicious act C. Any claim or suit arising out of discrimination or humiliation D. Any claim or suit arising out of an insurer s or other provider s failure to perform its contract E. Any claim or suit arising out of your failure to comply with any workers compensation unemployment insurance social security disability benefits law or similar laws F. Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds G. Any claim or suit arising out of 1 Advice given to any person to participate or not participate in a plan or program included in employee benefit programs 2 The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel accountant custodian or consultant U GL849 B CW 804 Page 10f 4
2
3 Any investment activity including the management administration or disposition of assets of your employee benefit programs or 4 Failure of any investment to perform as represented by any insured. H. Any claim or suit arising out of an insured s liability as a fiduciary under a. The Employee Retirement Income Security Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 including the Internal Revenue Code of 1954 and its amendments. 3. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our insurance. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. 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. D. 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. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits.. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. C. Subject to the Aggregate Limit provisions in B. above the Each Claim Limit is the most we will pay for all damages sustained by any one employee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs. D. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.. Conditions A. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligations. B. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any applicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnesses. Notice of an act error or omission is not notice of a claim. 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us as soon as practicable. You must see to it that we receive written notice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information U GL849 B CW 804 Page 20f 4
2
c. Cooperate with us in the investigation settlement or defense of the claim or suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply. 4 No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without our consent. Legal Action Against Us No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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 obtained after an actual trial 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 If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows 1 Primary Insurance This insurance is primary except when 2. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3. below. Excess Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to an act error or omission on other than a claims made basis if a. No Retroactive Date is shown in the Declarations of this insurance or b. The other insurance has a policy period which continues after the Retroactive Date if any shown in the Declarations of this insurance. 3 When this insurance is excess we will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we will undertake to do s0 but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of i. The total amount that all such other insurance would pay for the loss in the absence of this insurance and ii. The total of all deductble and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. E. 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 1 As if each Named Insured were the only Named Insured and 2 Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we 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. IV. Definitions U GL849 B CW 804 Page 30f 4
2
. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 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.. Administration means 1 Counseling employees including their dependents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with employee benefit programs or 3 Effecting or terminating an employee s participation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Claim means The receipt by you of a demand for money or services which alleges an act error or omission in the administration of your employee benefit programs. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in E. 1. above or in a settlement to which we agree. Employee means Your officers and employees whether actively employed disabled or retired.. Employee benefit programs mean Group life insurance group accident or health insurance profit sharing plans pension plans employee stock subscription plans workers compensation unemployment insurance salary continuation plans social security disability benefits insurance savings plans vacation plans or any other similar plans or programs.. Insured means You and any of your partners executive officers directors members stockholders or employees provided such employee is authorized to act in the administration of your employee benefit programs. Personal and advertising injury means Injury including consequential bodily injury arising out of one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of privacy 6 The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. U GL849 B CW 804 Page 4 of 4
2
Z ZURICH Electromagnetic Radiation Exclusion Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer 37385000 Add. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism. The following exclusion is added to 2. Exclusions of Section I. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of clectromagnetic fields electromagnetic radiation or electromagnetism. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field o force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 0804 Page1 of 1
2
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Zurich American Insurance Company Policy Number GLO 0782528 00 Named Insured Excel Industries Inc. Policy Period Coverage begins 06242021 at 1201 AM. Coverage ends 06242022 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1000000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business Corporation Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 34285.00 Other Premium Total Premium 34285.00 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Zurich American Insurance Company Policy Number GLO 0782528 00 Named Insured Excel Industries Inc. Policy Period Coverage begins 06242021 at 1201 AM. Coverage ends 06242022 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 00000 00000 00000 Any one premises 000 Any one person OO OO A ARG mAFCAn AF rmamisatinm RENTED TO YOU LIMIT IT I IN IRV INMIT g U GL D1115 B CW 904
2
Policy Number GLO 0782528 00 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Zurich American Insurance Company Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy See Schedule of Locations Code No. Premium Basis Premises Operations 56651 Gross Sales Location Exposure Rate Premium 001001 513000000.0646 33161.00 Classification Products Completed Operations Machinery or Machinery Parts Mfg. farm type Rate Premium Code No. Premium Basis Premises Operations 92100 No. of Employees Location Exposure Rate Premium 631 435.00 Classification Products Completed Operations Employee Benefits Liability Rate Premium Code No. Premium Basis Premises Operations 1345B Location Exposure Rate Premium 350.00 Classification Products Completed Operations GL Supplemental Coverage Endorsement Rate Premium Code No. Premium Basis Premises Operations Location Exposure Rate Premium 339.00 Classification Products Completed Operations Terrorism CAT Rate Premium ey PRI MR M EEeEE MY COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Zurich American Insurance Company lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 lamed Insured Excel Industries Inc. Effe gent Name LOCKTON COMPANIES LLC Age achinery or Machinery Parts Mfg. farm type mployee Benefits Liability iL Supplemental Coverage Endorsement errorism CAT U GL1113 A CW 1002 Page 1 of 1
2
EMPLOYEE BENEFIT LIABILITY COVERAGE PART CLAIMS MADE DECLARATIONS Named Insured Excel Industries Inc. Policy Number GLO 0782528 00 Policy Period Coverage begins 06242021 at 1201 A.M. Coverage ends 06242022 at 1201 A.M. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Claim Limit Item 2. Form of Business Individual Other Partnership Joint Ventul Joint Venture Corporation Item 3. Premium Schedule Code No. Premium Basis Estimated Number of Employees 92100 631 Advance Premium Rate INCL Per Employee INCL INCL Flat Charge INCL nan nan nan nan 92100.0 Total Advance Premium For This Coverage Part Audit Period Annual Semi annual INCL Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Retroactive Date 06242013 Enter date or None if no Retroactive Date applies This insurance does not apply to damages caused by an act error or omission which occurred before the Retroactive Date if any shown above. U GL D849 B CW 904 Page 1 of 1
2