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Libe Mumrz Liberty Mutual Group Boston COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 641 444192 015 Renewal of TH7 6841 444192 014 Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Item 1. Named insured and Mailing Address Standard Southern Corporation dba Los Angeles Cold Storage PO BOX 54244 Los Angeles CA 90054 The Named Insured is Corporation Business of the Named Insured is Refrigerated warehousing and storage Item 2. Policy Period 8152015 to 8152016 at 1201 A.M. standard time at above mailing address. Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 5000000 General Aggregate Limit 5000000 Products Completed Operations Aggregate Limit 5000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 10378 Terrorism Risk Insurance Act Totat Advance Premium 0 10378 Retention Each Occurrence 2594 Minimum Premium Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number Tb 09032015 99935 4 444192 0000 LCU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 | 2 |
Item 6. Underlying insurance ICoverage Insurer Limits of Insurance Policy Period Policy Number Employers Liability Insurance Company of the West 1000000 By Accident Each Accident 6262015 to 6262016 1000000 By Disease Policy Limit WWE 5026775 01 1000000 By Disease Each Employee Auto Liability iAmerican States Insurance 1000000 CSL Company 6262015 to 6262016 101 C1 617713 4 IGeneral Liability General Casualty of Wisconsin 11000000 Each Occurrence 8152015 to 8152016 2000000 General Aggregate ICGA 1149994 12000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Dps 5A 1149994 Countersigned by Authcnzeompany Representatrve LCU 00 0211 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name Endorsement Number LCU 0002 11 10 Commercial Liability Umbrelfa Declarations LCU 99051110 Declarations Extension Named Insured LCU2147 1110 Damage First Occurring Prior to Policy Period Exclusion LCU 2509 1110 Non Cumulation of Liability Same Occurrence LCU 04 110112 Crisis Management Coverage LCU 24 09 11 10 Foreign Liability Limitation LCU20011013 Additional Insured Limitation LCU21731013 Personal And Advertising njury Exclusion Amendment LCU 21741013 Liquor Liability Exclusion Amendment LCU 217810 13 Asbestos Exclusion LCU 21790114 Unlawful Discrimination Exclusion LCU 9907 01 14 Newly Acquired or Formed Organization Amendment LCU 218006 14 Radioactive Matter Exclusion LCU 21851214 Access or Disclosure Of Confidential or Personal Information and Data Related Liability Exclusion with limited bodily injury exception LCU 04 04 11 10 Employee Benefits Liability Coverage Limitation LCU 9904 11 10 Other Insurance Additional Insured LC 24 07 08 07 Waiver Of Subrogation LCU 04 09 11 10 Bodily Injury to Co Employee Coverage LC 21610807 Designated Entity Exclusion LCU 21191110 Silica or Silica Related Dust Exclusion CU21330115 Exclusion of Certified Acts of Terrorism CU 21 56 06 06 Auto Exclusion of Terrorism Coverage LCU 00011110 Commercial Liability Umbrella Coverage Form nan nan nan nan 11.0 nan nan nan 12.0 nan nan nan nan 20.0 nan nan nan 21.0 Page Lof2 For attachment to TH7 641 444192 015 | 2 |
SNI 9002 0115 LIL 80 05 06 13 Policy Holder Disclosure TRIA Participating Provision For attachment to TH7 641 444192 015 Page 2 of 2 | 2 |
Endorsement 1 End. Eff. Date Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of Item 1. Named insured of the Declarations First Named Insured Southern Standard Corporation Additional Named Insureds Southern Standard Corporation dba Los Angeles Cold Storage Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 99 0511 10 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 2 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLCY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21471110 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 3 End. Eff. Date ead Dy. LbERTY INOURANLE CURFURATIUN na. t vate. THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Il LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION ill LIMITS OF INSURANCE is replaced by the following The aggregate Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 250911 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 4 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 10f 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 5 | 2 |
b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. c. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. b. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. c. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION Ill LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 2 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
2. b. A building structure or equipment collapse not caused by an act of nature. An automobile watercraft or aircraft accident d. Spread of food borne illnesses or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 1 2 3 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public relations vendor that you currently hold on retainer for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs 5 incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include 1 2 Any damages imposed upon any insured including but not limited to any fine sanction penaity or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salaries or wages of any of your employees. Page 3 of 5 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04 1101 12 | 2 |
4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any pubilic relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. Key executive means a. Chief Executive Officer b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 LCU 04 110112 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 5 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION COVERAGES is deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be nuil and void. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 24091110 | 2 |
Endorsement 6 End. Eff. Date Policy Number TH7 6841 444192 015 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.e of SECTION Il WHO IS AN INSURED is replaced by the following e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. However 1. The insurance afforded to such additional insured 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 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. 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 minimum amount of insurance 1. Required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or 2. 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. 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 20011013 | 2 |
Policy Number TH7 641 444192 015 Endorsement 7 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Endorsement 7 End. Eff. Date PERSONAL AND ADVERTISING INJURY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraphs q.2 and 3 of 2. Exclusions of SECTION COVERAGES are replaced by the following 2 Arising out of the oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication in any manner of material whose content in the same or substantially the same form was published in any manner before the beginning of the policy period LCU21731013 2013 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Endorsement 8 End. Eff. Date Policy Number TH7 641 444192 015 Endorsement 8 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1IOUOR I IARILITY EXCI LISION AMENDMENT LIQUOR LIABILITY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.c. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of aicoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is by itself considered the business of selling serving or furnishing alcoholic beverages. LCU 21741013 2013 Liberty Mutual Insurance. All rights reserved. Includes Page 1 of 1 copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 9 End. Eff. Date Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.s. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to s. Asbestos Any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU21781013 | 2 |
Endorsement 10 End. Eff. Date Policy Number TH7 641 444192 015 Endorsement 10 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.x. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to x. Unlawful Discrimination Any liability damages loss injury demand claim or suit that arises out of unlawful discrimination. Page 1 of 1 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU21790114 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 11 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED OR FORMED ORGANIZATION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 3. of SECTION Il WHO IS AN INSURED is replaced by the following 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 under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2014 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 99070114 Page 1 of 1 | 2 |
Policy Number TH7 641 444192 015 Endorsement 12 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 12 End. Eff. Date RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.y. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to y. Radioactive Matter Any liability damages loss injury demand claim or suit that arises out of or allegedly arises out of exposure to or the presence of radiation andor radioactive matter whether such pollutants are alone or combined with any other substances or factors whether included in a product or otherwise. This exclusion applies regardless of whether such exposure occurs within or outside a building. Without limiting or expanding the term pollutants as used in any policy issued by us the following sentence is inciuded in the definition of pollutants Pollutants include but are not limited to radiation andor radioactive matter. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons and neutrons and electrons. This exclusion applies whether or not such pollutants have any function in your business operations premises site or location. 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 218006 14 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 13 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraphs q.12 and r. of 2. Exclusions of SECTION COVERAGES are deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability damages loss injury demand claim or suit arising out of 1 Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses 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. Page 10f 1 LCU 21851214 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 14 End. Eff. Date Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbrella Retroactive Date Equals the Retroactive Date as stated in the Underlying Insurance schedule below Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 each employee 2000000 aggregate Retroactive Date As stated on underlying insurance Insurer General Casualty of Wisconsin Policy Number CGA1149994 Policy Period 081515 to 081516 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. Anact error or omission or 2. Aseries of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E. below. LCU 04 041110 2010 Liberty Mutual Group of Companies. All rights Page 10f 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. A claim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or 2. When settlement is made in accordance with this policy or the Underlying Insurance listed in the Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may result in a claim. D. 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. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance. Limits of insurance available under this endorsement for future payment of damages and LCU 04 04 11 10 2010 Liberty Mutual Group of Companies. All rights Page 2 of 3 reserved. Includes copyrighted material of Insurance Page 2 of 3 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 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. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 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. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts 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 employee stock ownership plans pension plans and stock subscription pians 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 and 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. LCU 04041110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 15 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSURED OTHER INSURANCE ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to definition 16. of SECTION V DEFINITIONS Other insurance does not include insurance issued to or on behalf of an additional insured on this policy if you have agreed in writing that your umbrella or excess liability insurance will respond before any liability insurance policy issued to or on behalf of that additional insured and we will not seek contribution from that insurance. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 LCu 99041110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endotsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following Wie waive any tight of recovery we may have against any person or organization with whom you have agreed in writing prior to an occurrence to waive your rights because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premivm Effective Date Expitation Date For attachment to Policy No. TH7 641 444192 015 Audit Basis Issued To Expitation Date TH7 641 444192 015 jlr 3 M My nnnnnnnnn Countersigned by Sales Office and No. Authoriz Representative End. Serial No. 16 Issued Page1of 1 LC 24 07 08 07 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 17 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY TO CO EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 2.a.1a of SECTION Il WHO IS AN INSURED does not apply to bodily injury that is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 04091110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITYIES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Named Insured does not include the organizations listed in the schedule below. hedule L.A. Qwik Serv Transportation This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 641 444192 015 Audit Basis Issued To Expiration Date TH7 641 444192 015 Do b Ly ot 2727........ Countersigned by Sales Office and No. e Reprmsenmates End. Serial No. 18 Issued. Page 1of 1 LC 21610807 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 19 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Silica or Silica Related Dust 1 Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. 4 B. The following definitions are added to SECTION V DEFINITIONS a. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. b. Silica related dust means a mixture or combination of silica and other dust or particles. LCuU 21191110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION Endorsement 20 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added b. The act is a violent act or an act that is This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 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. g directly or rrorism. rsement any Tha Insurance Services Office inc. 2015 Page 1 of 1 CU 21330115 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 2. Any injury or damage means any injury or 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or roperty dam maintenance overed auto y other en attached to ect to bodily 1S0 Properties Inc. 2006 Page 1 of 2 CU 21 56 06 06 | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or. Protracted loss of or impairment of the function of a bodily member or organ. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 641 444192 016 Audit Basis issued To Countersigned by Sales Office and No. End. Serial No. 21 d Representaive Issued IS0 Properties Inc. 2006 Page 2 of 2 CU 21 56 06 06 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Varlous provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and Is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. First Named Insured means the person or organization shown as the Named Insured In the Declarations or if more than one name appears the Named Insured listed first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated o pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described In SECTION It LIMITS OF INSURANCE. b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable fimits of underlying insurance have been exhausted by payment of judgments or settiements or.. 2 The damages sought because of bodily injury property damage or personal and advertising Injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that sult. Our right and.duty to defend any sult including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of jJudgments or settiements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may result We have the right but not the duty at our expense to defend any suit or 1o retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suit Lcuooot 1110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 30 | 0 |
which we are not obligated to defend but which in our opinion may require payment under this policy. The insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and In enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or suit but can not legally do so in the country in which the claim Is made or the suit Is brought you agree to Investigate and defend the claim or suit. You may also setle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settlement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. c. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arlsing out of your business during the policy perlod The bodily injury property damage or personal and advertising injury Is caused by an occurrence that takes place anywhere in the world. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void and Prior to the policy period no insured listed under Paragraph 1. of SECTION Hl WHO S AN INSURED and no employes authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer. 2 Receives a written or oral demand or claim for damages because of such bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. If such a listed Insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. e. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or LCU0001 1110 2010 Liberty Mutual Group of Companies. All rights Page 2 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 30 | 1 |
resumption of that bodily injury or property damage after the end of the policy period As used in.3 d. and e. above an insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED does not Include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a Expected or Intedsd Injury Bodily Injury or property damage arising out of an act that 1 Is Intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of bodily injury or property damage assumed in a contract or agreement that is an Insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of fiability assumed in an Insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will foliow the terms definitions conditions and exciusions of underlying Insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance.. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation law disability benefits law unemployment compensation law or any similar faw. E.RILS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R.1.S.A. and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the Insured of any auto. Use includes operation and loading or unioading. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance 2 Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties refated to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. LCU 00 01 11 10 2010 Liberty Mutual Group of Companies All rights Page 4 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.. This exclusion does not apply to liability assumed by the insured under an insured contract This exclusion does not apply however If the bodlly injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying Insurance subject to the policy perlod limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices Bodily injury or 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 demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a b or c above Is directed. This exclusion applies whether the Insured may be iiable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the Iinjury. Pollution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutants at any time whether included in a product or otherwise. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or i At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations to test for monitor clean up remove contaln treat detoxify neutralize or in any way respond to or assess the effects of poliutants Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or recelve them but only If the escape of fuels lubricants or other operating fluids oceurs at or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating flulds or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or d Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the. normal electrical hydraulic or mechanical functioning of a covered auto or its parts if e I The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and if The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion i. applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location Aircraft or Watercraft Bodily Injury or property damage arising out of the ownership maintenance use or LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monltoring 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 alroraft or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply if the bodily injury or property damage Is covered by underlying insurance. Coverage provided will foilow the terms definitions conditions and exclusions of underlying insurance sublect to the policy period fimits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance k. War Bodily injury pmperty damage or personal and advertising injury however caused arising directly or indirectly out of 1 Waer including undeclared or civil war 2 Warlike action by a military force including action In hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. I. Damage to Property Property damage to 1 Property a You own rent or occupy including any costs or expenses Incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of Injury to a person or damage to another s property or b Owned or transported by the insured and arlsing out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Lcu 0001 11 10 2010 Liberty Mutual Group of Companies. All rights Page 7 of 30 reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. ou Page 7 of 30 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupled rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included In the producis completed operations hazard.. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor Damage to Impalred Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 Adefect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behaif to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after It has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 30 | 1 |
dangerous condition in it. g. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the clrcumstances of such insured to cause Injury 2 Arising out of the oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period 4 Arising out of a breach of contract except an implied contract fo use another s advertising idea in your advertisement 5 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 6 Arising out of the wrong description of the price of goods products or services stated in your advertisement 7 Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other Intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 9 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 30 | 1 |
a Advertising broadcasting printing publishing or telecasting b Dslgnlng or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting printing publishing or telecasting 8 Arising out of an elecironic chatroom or builetin board the insured hosts owns or over which the insured exercises control 10 Arising out of the unauthorized use of another s name or product in your e mall address domain name or metatag or any other similar tactics to mislead another s potential customers 11 Arising out of a criminal act committed by or at the direction of the insured or 12 Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financlal information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or Inability to manipulate electronic data s. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors t. Fungi or Bacteria Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to 1 Bodily Injury property damage or personal and advertising injury which would not have oceurred In whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or S LCuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10 of 30 | 1 |
product intended for humans to eat. u. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b Resuiting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or it the insured Is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or persona1 and advertising nJury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained In spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or. The bodily Injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facifity but if such facility Is located within the United States of America its territorles or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. c As used In this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material special nuclear material or by product material. 3 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. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor 5 Waste means any waste material Lcuooo11110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 11 of 30 | 1 |
a containing by product material other than the fallings 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. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium if processing or utilizing spent fuel or iii handling processing or packaging waste 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 o contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 c d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located afl operations conducted on such site and all premises used for such operations. 7 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. 8 Property damage includes all forms of radioactive contamination of property. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Falir 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 that addresses prohibits or limits the printing dissemination disposal collecting recording sending ftransmitting communicating or distribution of material or information. LCcuU 00011110 2010 Liberty Mutual Group of Companies. All rights P reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 30 | 1 |
w. Drivers Privacy Protection Act Bodily injury property damage or personal and advertising Injury arising directly or indirectly out of any actlon or omlission that violates or is alleged to violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. Unlawful Discrimination Bodlly injury property damage or personal and advertising injury arising out of unlawful discrimination. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3 Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 All expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable fimit of insurance. We do not have to furnish these bonds. 3 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 because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 All court costs taxed against the insured In the suit. However these payments do not Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights Page 13 of 30 reserved. Includes cupyrighteq matenal of Insurance Services LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment interest awarded against the Insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable fimit of insurance we will not pay any prejudgment interest accruing after we make such offer. 6 Post judgment interest awarded against the insured on that part of the Judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met 1 The suit against the indemnites seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 2 This insurance pplies to such liability assumed by the insured 3 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 4 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 5 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 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settlement or defense of the suit i Immediately send us copies of any demands notices summonses or legal papers received In connection with the suit i Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and i UDblain recoras ana otner information related to the suit and Lcuo00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
i 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 COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and wili 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 6 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 fo the conduct of your business. Your managers are insureds but only with respect to thelr duties as your managers. d. An organization other than a partnership joint venture or limited liabillty company you are an Insured. Your executive officers and directors are insureds but only with respect fo 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. 2. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business 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 lfability company to a coemployee in the course of his or her employment or performing dutles related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 15 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 30 | 1 |
as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone eise who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employes or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied 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. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph. below b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization. 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 policy. e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained.. Any person while using with your permission a covered auto for which insurance s provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership melntenanoe use or entrustment to others of covered autos on underlying Insurance. 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 under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However Lcuooot 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 16 of 30 | 1 |
a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever Is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage 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 l 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 wewill pay for the sum of all damages except damages because of a. Injury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment o others of an auto. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3 above If either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence 5. The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of fess 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. For the purposes of applying the Each Occurrence limit a. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. All personal and advertising injury arising out of a series of related offenses including all repefitions or reproductions will be considered as the result of one and the same occurrence Two or more offenses within the definition of personal and advertising injury each of which LCU 0001 11 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media SECTION V CONDITIONS 1. Appeais If the insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the insured will cooperate with us at our request and at our expense In the prosecution of the appeal. Bankruptcy a. Bankruptoy or insolvency of the insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptey of an underlying insurer will not refieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptey insolvency or any other Inability to pay of the underlying insurer or the Insured to the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event of Occurrence Claim or Suit a. You must see fo it that we are notified promptly of any occurrence which may resuit in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence 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. b. if a claim is made or suit is brought to which this policy may apply you must see to it that we recelve prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable fimit of underlying Insurance Is exhausted even if we do not have a duty to defend. c. You and any involved insured must 1 Immediately send us coples of any demands notices summonses or legal papers received in connection with the claim or sul 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit LCcu 000111 10 2010 Liberty Mutual Group of Companies. All rights Page 18 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 30 | 1 |
4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 6 Assist us upon our request in the enforcement of any rights 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 insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent e. Inaddition fo the notice requirement of Paragraph 3.a. above you must promptly notffy us if 1 Any occurrence results in any of the following injuries a A death b An amputation of any extremity c Any serious head or brain injury including skull fracture or loss of sight of elther or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured believes is likely o involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking fof damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liabllity signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance Is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 19 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
specifically written as excess over this policy. Audit and Premium a. b. f. You agree to pay the premium when due. The Premium shown as Advance Premium on the Declarations is flat charge unless a rate Is shown. If a rate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the Advance and audit premiums paid for the policy period Is greater than the earned premium we will return the excess to the First Named Insured subject to the Minimum Premium if any shown in the Declarations. The First Named Insured must keep records of the information we need for premium computation and make available to us or send us this information at such times as we may request. We may examine your books and records as they refate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representations or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us We have Issued this policy in reliance upon your Information and representations The policy will be void in any case of fraud by you as it relates to this poliey or any claim under this policy This policy will provide no coverage for any claim in the event you have made a material misrepresentation that refates to that claim without regard to whether such misrepresentation occurs before during or after the policy period and There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must rport the hazard to us as soon as practical after discovering the failure to disclose. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
9. 10. a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us a. if any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. b. Any recoverles shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persans or organizations including the insured in the ratio of thelr respective recoveries as finally settled. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of canceltation if we cancel for nonpayment of premium or 2 30 days before the effective date of canceliation if we cancel for any other reason. c. We will mail or deliver our nce to the First Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 1201 AM. e. 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 based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you. f. If we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. g. fnotice is mailed proof of mailing will be.sufcient proof of notice. Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights Page 21 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
12 13. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our Inspections are not safety inspections. They relate only fo the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the Insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self Insurance provides coverage at least as broad as the coverage provided under this policy b. Allunderlying insurance remains in effect The terms definitions conditions and exclusions of all underlying insurance do not materially change c. d. The total applicable limits of all underlying Insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and N e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. if you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However If an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automatically added to this policy effective on the same date that it was effective on the underlying insurance. Lcuooo11110 2010 Liberty Mutual Group of Companles. Al righis reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 22 of 30 | 1 |
14. Transfer of Your Rights and Duties Your rights and dutles under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of canceliation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy.. 15. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s ferms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media 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. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or setvices for the purposes of attracting customers or supporters is considered an advertisement. 2 Automeans a. A land motor vehicle trailer or semi trailer 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 o other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a above. Bodlly injury does not include injury that falls within the definition of personal and advertising injury. 4. Covered auto means only an auto for which coverage is provided on underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or Lcuoo 011110 2010 Liberty Mutual Group of Companies. Al rights Page 23 of 30 reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
10.. fransmitted to or from computer software including but not limited to systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a em porary worker Executive officer means a person holding any of the officer posttions created by your charter constitution by laws or any other similar governing document Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Hostile fire means one which becomes uncontroliable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 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 a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the. rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. 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 LCuooo1 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 24 of 30 | 1 |
which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demoliion operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto Is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmiess for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for infury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders 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 5 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 professionat services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 12 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 dos not include a temporary worker 13. 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 itis 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. 14. Mobile equipment means any of the following types of iand vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights Page 25 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
b. Vehicles maintained for use solely on or next to premises Yyou own or rent c. Vehicles that fravel 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 Paragraphs a b.. or d. above that are not self propelied and are maintained primarily fo 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 and f. Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes.other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not maobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject fo a compulsory or financtal responsibility law or other motor vehicle insurance taw where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmfut conditions or b. With respect to personal and advertising injury an offense or series of ralated offenses. LCcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted matertal of insurance Services Office Inc. with its permission Page 26 of 30 | 1 |
18. 17. 18. 19 Other insurance means a. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus b. Any amount retained under any self insurance program that is not underlying insurance. Other insurance does not include any insurance specificaily written as excess over this policy. Personal and advertising injury means injury caused by one or more of the following offenses a. False arrest detention or imprisonment b Malicious prosecution. 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 directly to the public at large in any manner of material that sianders or libels a person or organization or disparages a person s or organization s goods products or services e. 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material In any manner that violates a person s right of privacy by misappropriation of that person s name or likeness. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. Pollutants mean any solid iiquid 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.. Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regutatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a govemment authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants LCuU 000111 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 27 of 30 | 1 |
20 Products completed operations hazard a. Includes all bodily injury and property damage oceurring 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. Your work will be deemed com pleted 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 site has been completed If your contract calis for work at more than one 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. This hazard does not include bodily injury or property damage arising out of 1. The transportation of property unless the injury or damage arlses out of a condition in or on a vehicle not owned by you created by the oading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 2 X. 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 physiay injured. All such loss of use shall be deemed fo occur at the time of the occurrence that caused It. For the purposes of this insurance electronic data is not tangible property. 22. Publication means an insured s act of disseminating or broadcasting materlal or information. Publication does not Include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information 23. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles.or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. 24 Retained limit means as to each occurrence a. The fotal applicable limits of the underlying insurance plus any applicable other insurance Lcu 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 28 of 30 | 1 |
However if the sum of the underlying insurance pius the other insurance is 1 Greater than the amount listed in the Declarations under the Scheduls for that underlying insurance our retainad limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained fimit will be the amount listed In the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or settlements. The retained lImit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar. amounts that reduce or exhaust the policy limits of underlying insurance. If some or all of the underlying insurance Is not avallable due to breach of poticy condition our retained limit will be the amount listed In the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Seif Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Refention will be reduced by Supplementary Payments we pay in the investigation or settlement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. In calculating the extent fo which the underlying aggregate limits have been reduced or exhausted the retained limit In Paragraph a. above will be reduced only by. payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period. 25. Sult means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are afleged and can be awarded. Suit includes a.. An arbitration proceeding in which such damages are claifed and can be awarded 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 can be awarded and to which the insured submits with our consent 26. Temporary worker means a person who is fumished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 27. Underlying insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance. 28. Underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance.. Lcuooot 1110 2010 Liberty Mutual Group of Companies. Al rights Page 29 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 29 of 30 | 1 |
29 30. 31 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 dutles determined by you and who Is not pald a fee salary or other compensation.by you or anyone alse for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. 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. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights v Page 30 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. in accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are Calendar Year Federal Share Program Trigger 2015 85 100000000 2016 84 120000000 2017 83 140000000 2018 82 160000000 2019 81 180000000 2020 80 200000000 Page 1 of 1 2015 Liberty Mutual insurance SNI 9002 01 15 | 2 |
Policy Number TH7 641 444192 015 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. dwy PRESIDENT Dexctor. j a SECRETARY 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 LIL9005 06 13 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY INSTALLMENT PREMIUM PAYMENT SCHEDULE H POLICY NUMBER POLICY PERIOD 08012019 TO 08012020 437 74 30 20 MDD NAMED INSURED PRODUCER RADIO ENGINEERING INDUSTRIES. LOCKTON COMPANIES LLC INC... 13710 FNB PKWY STE 400 6534 L ST.. OMAHA NE. OMAHA NE.. 68154 5298 68117 1112. AGENT NO. AB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS 1 SCHEDULE INSTALLMENT DUE DATE AMOUNT 080119 3927.00 P i 090119 1306 OOE i 100119 1306 OOE E 110119 1306 OO 120119 1 1306.00 i 010120 1306 OOE i 020120 1306 OOE i 030120 1306 OOE i 040120 1306 OOE i 050120 1306 OOE TOTAL 15681 OO THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE DATE OF ISSUE 07172019 FORM IL7007A ED.03 86 07182019 003 B8 4377430 20001 INSTALLMENT PREMIUM PAYMENT SCHEDULE A POLICY NUMBER POLICY PERIOD 08012019 TO 08012020 437 74 30 20 NAMED INSURED RADIO ENGINEERING INDUSTRIES. LOCKTON COMPANIES LLC INC... 13710 FNB PKWY STE 400 6534 L ST.. OMAHA NE. OMAHA NE.. 68154 5298 68117 1112. AGENT NO. AB8210 SCHEDULE DUE DATE INSTALLMENT AMOUNT THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE WY STE 400 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS SCHEDULE DUE DATE | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 080119 to 080120 Policy Number 437 74 30 20 R NAMED INSURED PRODUCER RADIO ENGINEERING INDUSTRIES LOCKTON COMPANIES LLC INC. 13710 FNB PKWY STE 400 6534 L ST OMAHA NE 68154 5298 OMAHA NE 68117 1112 AGENT AB 8210 AGENT PHONE 402970 6100 AGENCY BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 Insured is CORPORATION MFG CIRCUIT BOARDS The Following Claims Made Coverage Applies Excess Employee Benefit Liability. Please Read Your Policy Carefully. Each Occurrence Limit Liability Coverage 10000000 Personal Advertising Injury Limit 10000000 Any one person or organization Aggregate Limit Liability Coverage 10000 000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU02081217 CU04031207 CU21230202 CU21300115 CU21360115 CU21710615 CU21860514 CU24030900 CU24231207 CU7001A1115 CU72690806 CU72720806 CU72760716 CU72930806 CU7T404.11008 CU74260918 CU74311008 CU74381109 CU74680117 CU74800918 CU83230918 IL7130A0401 IL7131A0401 I1.8383.2A0115 IL8384A0108 Date of Issue 071719 BPP FORM CU7000A ED. 01 07 BPP 053019 003 LN 4377430 2001 COMMERCIAL UMBRELLA D Policy Period From 080119 to 080120 INC. 13710 FNB PKWY STE 400 6534 L ST OMAHA NE 68154 5298 OMAHA NE 68117 1112 AGENT AB 8210 AGENT PHONE 402970 6100 AGENCY BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 AGENCY BILL The F Liabi ess Employee Benefit 10000000 10000000 000000 A 100 MIN Forms Applicable CU00010413 CU02081217 CU04031207 CU21230202 CU21300115 CU21360115 CU21710615 CU21860514 CU24030900 CU24231207 CU7001A1115 CU72690806 CU72720806 CU72760716 CU72930806 CU7T404.11008 CU74260918 CU74311008 CU74381109 CU74680117 CU74800918 CU83230918 IL7130A0401 IL7131A0401 I1.8383.2A0115 IL8384A0108 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 30 20 RADIO ENGINEERING INDUSTRIES EFF DATE 080119 EXP DATE 080120 COMMERCIAL UMBRETLTLA POLICY DECLARATIONS ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM CU0208 12 17 NE CHANGES CANCELLATION AND NONRENEW CU0403 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE ADDITIONAL COVERED EMPLOYEE BENEFITS PROGRAMS NONE LIMITS OF INSURANCE 10000 RETAINED LIMIT 10000000 EACH EMPLOYEE 10000000 AGGREGATE RETROACTIVE DATE 09011992 Cu2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU2130 01 15 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 15 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2171 06 15 EXCLUSION UNMANNED AIRCRAFT CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CU2403 09 00 WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH A AI AGREEMENT CUu2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU7001A 11 15 SCHED OF PRIMARY INS AUTOMATED CU7269 08 06 AGG LIMIT PER LOC AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU7276 07 16 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7426 09 18 DEALERS ENDORSEMENT IF AN X IS ENTERED IN THIS BOX PARAGRAPH B.2.b. 4 OF SECTION 1 BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF THIS ENDORSEMENT DOES NOT APPLY. X IS AN OPTION CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU7468 01 17 PRIMARY NONCONT OTHER INS AUTOMATIC CU7480 09 18 EXCL DEALERS ACTS ERRORS OR OMISSION CU8323 09 18 2017 MULTISTATE FORMS ADV NOTICE IL7130A 04 01 NAMED INSURED ENDORSEMENT IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.2A 01 15 DISCL PURSUANT TERRSM RISK INS. ACT 156 IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 071719 FORM IL7131A ED. 04 01 003 LN 4377430 2001 EDITION CU2123 CU2130 CU2136 CU2171 CU2186 CU2403 CU2423 CU7001A CU7269 CU7272 CU7276 CU7293 CU7404.1 CU7426 CU7431 CU7438 CU7468 CU7480 CU8323 IL7130A IL7131A IL8383.2A IL8384A 02 02 01 15 01 15 06 15 05 14 09 00 12 07 11 15 08 06 08 06 07 16 08 06 10 08 09 18 10 08 11 09 01 17 09 18 09 18 04 01 04 01 01 15 01 08 NE CHANGES CANCELLATION AND NONRENEW EMPLOYEE BENEFITS LIABILITY COVERAGE ADDITIONAL COVERED EMPLOYEE BENEFITS PROGRAMS NONE LIMITS OF INSURANCE 10000 RETAINED LIMIT 10000000 EACH EMPLOYEE 10000000 AGGREGATE RETROACTIVE DATE 09011992 NUCLEAR ENERGY LIAB EXCL BROAD FORM CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR EXCLUSION UNMANNED AIRCRAFT EXCL ACCESS DISCL OF CONFID PERSONAL WAIVER OF TRANSFER OF RIGHTS OF REC NAME OF PERSON OR ORGANIZATION ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH A AI AGREEMENT COVERAGE FOR PROFESSIONAL SERVICES SCHED OF PRIMARY INS AUTOMATED AGG LIMIT PER LOC AGG FOR PREM OPS ASBESTOS EXCLUSION COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM DEALERS ENDORSEMENT IF AN X IS ENTERED IN THIS BOX PARAGRAPH B.2.b. 4 OF SECTION 1 BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF THIS ENDORSEMENT DOES NOT APPLY. X IS AN OPTION AMENDMENT OF EMPLOYEE BENEFITS PROG CONTRACTORS OCCURRENCE DEFINITION PRIMARY NONCONT OTHER INS AUTOMATIC EXCL DEALERS ACTS ERRORS OR OMISSION 2017 MULTISTATE FORMS ADV NOTICE NAMED INSURED ENDORSEMENT COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT TERRORISM NOTICE 15 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 30 20 RADIO ENGINEERING INDUSTRIES EFF DATE 080119 EXP DATE 080120 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 071719 FORM IL8384A 01 08 003 LN 4377430 2001 RADIO ENGINEERING INDUSTRIES EFF DATE 080119 EXP DATE 0801 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
NE INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J7 74 30 20 RADIO ENGINEERING INDUSTRIES EFF DATE 080119 EXP DATE 080120 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 156.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a 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. The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 071719 FORM IL8383.2A01 15 003 LN 4377430 2001 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 156.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insur retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury sha not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calend 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 Treasur The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your poli carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission SCHEDUTLE i m Certified Acts 156.00 th the federal Terrorism Risk Insurance Act we are side you with a notice disclosing the portion of any attributable to coverage for terrorism acts the Terrorism Risk Insurance Act. The portion of ributable to such coverage is shown in the Schedule ire or in the policy Declarations. deral Participation In Payment Of Terrorism Losses s Government Department of the Treasury will pay In Payment Of Terrorism Losses | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY NAMED INSURED ENDORSEMENT POLICY PERIOD FROM 080119 TO 080120 POLICY NUMBER 437 74 30 20 R NAMED INSURED RADIO ENGINEERING INDUSTRIES LOCKTON COMPANIES LLC INC. 13710 FNB PKWY STE 400 6534 L ST OMAHA NE 68154 5298 OMAHA NE 68117 1112 AGENT AB 8210 AGENT PHONE 402970 6100 AGENCY BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED RADIO ENGINEERING INDUSTRIES INC. NO. 02 AFCO INC. NO. 03 WAFCO TRADING CORP. NO. 04 TERRI JUKES NO. 05 LORRI TAYLOR NO. 06 SCOTT HAYS NO. 07 JEFF HAYS NO. 08 JODIE BOHLEN PLACE OF ISSUE OMAHA NE DATE OF ISSUE 071719 CONTINUED FORM IL7130A ED. 04 01 003 LN 4377430 2001 NAMED INSURED ENDO POLICY PERIOD FROM 080119 TO 080120 INC. 13710 FNB PKWY STE 400 6534 L ST OMAHA NE 68154 5298 OMAHA NE 68117 1112 AGENT AB 8210 AGENT PHONE 402970 6100 AGENCY BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 AGENCY BILL IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED RADIO ENGINEERING INDUSTRIES INC. NO. 02 AFCO INC. NO. 03 WAFCO TRADING CORP. NO. 04 TERRI JUKES NO. 05 LORRI TAYLOR NO. 06 SCOTT HAYS NO. 07 JEFF HAYS NO. 08 JODIE BOHLEN PLACE OF ISSUE OMAHA NE OLICY. | 2 |
MNEMC INSURANCE PAGE 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4J7 74 30 20 RADIO ENGINEERING INDUSTRIES EFF DATE 080119 EXP DATE 080120 NAMED INSURED ENDORSEMENT CONTTINUED NO. 09 FUGEN CORPORATION NO. 10 REI CHINA LLC NO. 11 FAMCO INVESTMENTS LP NO. 12 FAMCO LP NO. 13 REI ELECTRONIC HK LTD NO. 14 REI TECHNICAL SERVICES LLC PLACE OF ISSUE OMAHA NE DATE OF ISSUE 071719 FORM IL7130A ED. 04 01 003 LN 4377430 2001 NO. 09 FUGEN CORPORATION NO. 10 REI CHINA LLC NO. 11 FAMCO INVESTMENTS LP NO. 12 FAMCO LP NO. 13 REI ELECTRONIC HK LTD NO. 14 REI TECHNICAL SERVICES LLC PLACE OF ISSUE OMAHA NE | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J77430 20 RADIO ENGINEERING INDU Eff Date 080119 Exp Date 080120 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company EMCASCO Insurance Company Policy Number 4E77430 Policy Period 080119 to 080120 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident General Liability Bodily Injury and Property Damage Liability 1000000 Each Accident Personal and Advertising Injury 1000000 Any One Person or Organization 3000000 General Liability Aggregate 3000000 Products and Work You Performed Aggregate Commercial General Liability Company EMCASCO Insurance Company Policy Number 4D77430 Policy Period 080119 to 080120 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate Date of Issue 071719 BPP CONTINUED FORM CU7001A ED. 11 15 BPP 053019 003 LN 4377430 2001 RADIO ENGINEERING INDU Eff Date 080119 Exp Date 0801 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company EMCASCO Insurance Company Policy Number 4E77430 Policy Period 080119 to 080120 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident General Liability Bodily Injury and Property Damage Liability 1000000 Each Accident Personal and Advertising Injury 1000000 Any One Person or Organization 3000000 General Liability Aggregate 3000000 Products and Work You Performed Aggregate 51000000 Each Accident TR e e e e Company EMCASCO Insurance Company Policy Number 4D77430 Policy Period 080119 to 080120 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate | 2 |
MNEMC INSURANCE Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J77430 20 RADIO ENGINEERING INDU Eff Date 080119 Exp Date 080120 Employers Liability Company Employers Mutual Casualty Company Policy Number 4H77430 Policy Period 080119 to 080120 Minimum Applicable Limits Bodily Injury by Accident 500000 Each Accident Bodily Injury by Disease 500000 Each Employee Bodily Injury by Disease 500000 Policy Limit Employers Liability Company Employers Mutual Casualty Company Policy Number 4577430 Policy Period 080119 to 080120 Minimum Applicable Limits Bodily Injury by Accident 500000 Each Accident Bodily Injury by Disease 500000 Each Employee Bodily Injury by Disease 500000 Policy Limit Employers Liability Company EMCASCO Insurance Company Policy Number 4T77430 Policy Period 080119 to 080120 Minimum Applicable Limits Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Each Employee Bodily Injury by Disease 1000000 Policy Limit FOREIGN LIABILITY Company Chubb Group of Insurance Companies Policy Number 35340362 Policy Period 011519 to 011520 Minimum Applicable Limits Each Occurrence 1000000 Personal and Advertising Injury 1000000 Aggregate Products Completed Operations 2000000 Aggregate Date of Issue 071719 BPP FORM CU7001A ED. 11 15 BPP 053019 003 N 4377430 2001 U Eff Date 080119 Exp Date 0801 500000 Each Accident 500000 Each Employee 500000 Policy Limit B 500000 Each Accident 500000 Each Employee 500000 Policy Limit B 1000000 Each Accident 1000000 Each Employee 1000000 Policy Limit Injury g 1000000 1000000 Aggregate | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18 | 1 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 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. 4 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. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
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