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COMMERCIAL LIABILITY UMBRELLA CU 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CuU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1
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COMMERCIAL LIABILITY UMBRELLA CU 21360115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21360115 Insurance Services Office Inc. 2015 Page 1 of 1
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COMMERCIAL LIABILITY UMBRELLA CU 21710615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.j. Aircraft Or Watercraft under This Paragraph j.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training 2. Exclusions or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance This insurance does not apply to j. Aircraft Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph j.1 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge c Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 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 in this Paragraph j.2 will follow the same d This Paragraph j.2 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 other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described in this Paragraph j.2 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 in this Paragraph j.2 will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance or b c CU 21710615 Insurance Services Office Inc. 2014 Page 1 of 2
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e Aircraft that is i Chartered by loaned to or hired by you with a paid crew and iij Not owned by any insured. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advel g Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CU 21710615
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COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1
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POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 240309 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above 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 waiver applies only to the person or organization shown in the Schedule above. CU 2403 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a
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COMMERCIAL LIABILITY UMBRELLA CU 24231207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion s. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability and Exclusion a.15 under Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability do not apply. Coverage provided will follow the provisions exclu sions and limitations of the underlying insurance unless otherwise directed by this insurance. CU 24231207 ISO Properties Inc. 2007 Page 1 of 1 a
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER LOCATION AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Il Limits of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your locations owned by or rented to you. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. CU72698 06 Page 10f 1
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following paragraph is added to Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions Paragraph i. Pollution This exception does not apply 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 except when the underlying insurance for the pollution liability risks arises from a Business Auto Coverage Form or a Motor Carrier Coverage Form. Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use 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 entrustment to others or contractual agreement involving the use 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 51 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 watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. This endorsement modifies insurance provided under the following To the extent this exclusion does not apply the insurance provided under this Coverage Form for the 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. Fellow Employee Section Il Who i adding the following Paragraph 1. b.1ai and iii and Paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and an Insured is amended by CU72767 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 2
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F. Cond 3 The nature and location of any injury or damage arising out of the occurrence or offense. n 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance G. Cond This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 seffinsurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. We will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. n 6. Premium Audit of Section IV Conditions is replaced by the following 6. Premium Audit We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all 24. 25. underlying insurance and the self insured retention whichever applies. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. CU72767 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 0of 2
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEALERS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE LIABILITY COVERAGE FOR CUSTOMERS If an X is entered in this box Paragraph B.2.b.4 of SECTION BODILY INJURY AND PROPERTY DAMAGE LIABILITY of this endorsement does not apply. Information required to complete this Schedule if not shown above will be shown in the Declarations. SECTION BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Exclusions 1. Paragraph 2. Exclusions of Coverage A Bodily Injury And Property Damage Liability is revised as follows Paragraph o. Damage To Your Work is replaced with the following Property damage to your work if the property damage results from any part of the work itself or from the parts materials or equipment used in connection with the work. The following exclusions are added to Paragraph 2. Exclusions of Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability. a. The liability of others assumed by you under any contract or agreement for goods or products sold handled or distributed by you. b. The performance or nonperformance of any clerical or professional function or duty in the conduct of your business as a loan financier insurance agent insurance broker insurance consultant safety consultant or claims handler. c. The ownership maintenance use including loading or unloading operation or entrustment to another of any leased auto except 1 A covered auto you rent to one of your customers while their auto is left with you for service or repair 2 A covered auto you lease or rent to a salesman for use principally in your business 3 Leased autos if covered by underlying insurance. This insurance does not apply to liability of any person or organization to whom an auto has been leased. B. Who Is An Insured Paragraph 2. of Section Il Who Is An Insured is replaced by the following 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semi trailer connected to a covered auto you own. 2 Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing or repairing autos unless that business is yours. 4 Your customers. 5 A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. 6 Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or CUT4269 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f2
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b The spouse child brother or sister of that fellow employee as a consequence of Paragraph a above. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. Your employee while using a covered auto you do not own hire or borrow in your business or your personal affairs. SECTION Il DEFINITIONS A. The following definitions are revised 1. Paragraphs f. and g. of the insured contract definition are replaced by the following f. That part of any contract or agreement entered into as part of your auto dealership 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 property damage to any auto rented or leased by your or any of your employees. That part of any other contract or agreement pertaining to your auto dealership including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury or property damage to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. The property damage definition is replaced by the following Property damage means 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 same time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. 3. The your product definition is replaced by the following Your product includes a. The goods or products made or sold in an auto dealership by 1 You or 2 An auto dealership you have acquired and b. The providing of or failure to provide warnings or instructions. 4. The your work definition is replaced by the following Your work includes a. Work that someone performed on your behalf and b. The providing of or failure to provide warnings or instructions. 5. The products completed operations hazard definition does not apply. The following definitions are added Auto dealer operations means the ownership maintenance or use of locations for auto dealership and that portion of the roads or other accesses that adjoin these locations. Auto dealer operations also include all operations necessary or incidental to an auto dealership. Leased auto means a covered auto you lease or rent to a lessee or rentee including any substitute replacement or extra covered auto needed to meet seasonal or other needs under a lease or rental agreement that requires the lessee or rentee to provide primary insurance for you. CUT4269 18 Includes copyrighted material of ISO Properties Inc. with its permission. 20f2
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This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION COMMERCIAL LIABILITY UMBRELLA COVERAGE ENDORSEMENT A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CU0403 is replaced by the following Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise 4. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. CUT43110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUT43811 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section Ill Limits of Insurance We will not pay more on behalf of the additional insured than the lesser of 1. The Limits of Insurance required in a written contract on a non contributory basis for such additional insured but only to the extent the required Limits of Insurance are in excess of the underlying insurance or 2. The Limits of Insurance available after the payment of ultimate net loss on any insured s behalf from any claim or suit. This provision is included within and does not act to increase the Limit of Insurance stated in the Declarations. Coverage will not be broader than the coverage provided by the underlying insurance listed in the Schedule of Underlying Coverages.. Paragraph 5. of Section IV Conditions is replaced by the following 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. However 1 This condition will not apply to other insurance specifically written as excess over this Coverage Part. 2 The insurance provided under this Coverage Part is primary to and will not seek contribution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and The total of all deductible and self insured amounts under all that other insurance. 2 CUT4681 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DEALERS ACTS ERRORS OR OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to DEALERS ACTS ERRORS OR OMISSIONS Any sums that an insured legally must pay as damages because of any act error or omission of the insured arising out of the conduct of your auto dealer operations. For the purposes of this endorsement the following definition is added to SECTION V DEFINITIONS 1. Act error or omission means any actual or alleged negligent act error or omission committed by an insured in the course of your auto dealer operations arising a. Out of an insured s failure to comply with any local state or federal law or regulation concerning the disclosure of credit or lease terms to consumers in connection with the sale or lease of an auto in your auto dealer operations including but not limited to the Truth in Lending and Consumer Leasing Acts b. Out of an insureds failure to comply with any local state or federal law or regulation concerning the disclosure of accurate mileage to consumers in connection with the sale or lease of an auto in your auto dealer operations c. In an insured s capacity as an insurance agent or broker in the offering placement or maintenance of any auto physical damage auto loan lease gap credit life or credit disability insurance sold in connection with the sale or lease of an auto in your auto dealer operations but only if the insured holds a valid agent or broker license at the time the act error or omission is committed in the jurisdiction in which your auto dealer operations is located if required to do so by such jurisdiction Out of a defect in title in connection with the sale or lease of an auto in your auto dealer operations Out of the insured s failure to comply with any local state or federal law or regulation concerning the disclosure of accurate hour meter reading on equipment to consumers in connection with the sale or lease of any equipment in your auto dealer operations Out of an insured s failure in filing a notice of a secured interest in accordance with any federal state or local statute on autos you sell Out of the insured s failure to comply with the Federal Trade Commission Act 15 U.S.C.A. 41 et seq or title 16 of the Federal Regulations chapter 1 part 455 or any similar federal state or local statute or regulation regarding disclosure of prior damage to an auto you sell or Out of the insured s failure to comply with any local state or federal law or regulation concerning Used Car Buyers Guide and Competitive Auto Parts Regulations. Damage is limited to the difference between 1 The market value of the auto as represented when sold to your customer and 2 The market value of the auto in the actual condition which existed at the time of the sale. Out of a defect in title in connection with the sale or lease of an auto in your auto dealer operations Out of the insured s failure to comply with any local state or federal law or regulation concerning the disclosure of accurate hour meter reading on equipment to consumers in connection with the sale or lease of any equipment in your auto dealer operations Out of an insured s failure in filing a notice of a secured interest in accordance with any federal state or local statute on autos you sell Out of the insured s failure to comply with the Federal Trade Commission Act 15 U.S.C.A. 41 et seq or title 16 of the Federal Regulations chapter 1 part 455 or any similar federal state or local statute or regulation regarding disclosure of prior damage to an auto you sell or Out of the insured s failure to comply with any local state or federal law or regulation concerning Used Car Buyers Guide and Competitive Auto Parts Regulations. Damage is limited to the difference between 1 The market value of the auto as represented when sold to your customer and 2 The market value of the auto in the actual condition which existed at the time of the sale. CUT4809 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1
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COMMERCIAL LIABILITY UMBRELLA 2017 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following multistate endorsements which applies to your renewal policy being issued by us. The endorsements may broaden reduce or reinforce coverage under a policy to which they are endorsed and contain other changes as described below. REDUCTIONS OF COVERAGE NEW OPTIONAL ENDORSEMENTS CU2161 Auto Dealers Exclusion Designated Products This endorsement in general excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of the designated products shown in the endorsement Schedule. CU2164 Auto Dealers Exclusion Designated Work In general this endorsement excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of the designated work you performed which is shown in the endorsement Schedule. CU2166 Auto Dealers Exclusion Your Products And Your Work This endorsement generally excludes coverage with respect to bodily injury and property damage that are both sustained away from your auto dealer locations and arising out of your products or work you performed. CU2401 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation When this endorsement is attached to your policy the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to provide that such condition does not apply to the person or organization shown in the Schedule but only to the extent that subrogation is waived prior to the accident or the loss under a contract with that person or organization. CU3405 Exclusion Of Federal Employees Using Autos In Government Business This endorsement generally excludes coverage for the United States of America any of its agencies or any U.S. Government employee for bodily injury or property damage resulting from the operation of an auto that results while the employee is acting within the scope of duty and when Section 2679c of the Federal Tort Claims Act requires the U.S. Attorney General to defend the employee in any civil action or proceeding that may be brought for bodily injury or property damage. CU3406 Amphibious Vehicles This endorsement excludes loss to or resulting from the ownership maintenance or use of any type of amphibious vehicle whether or not self propelled. This includes loss to any property or equipment contained in or used with any such vehicle while being launched into used in or beached from the water. CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3
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REINFORCEMENTS OF COVERAGE EXISTING OPTIONAL ENDORSEMENTS CU2225 Emergency Vehicles Volunteer Firefighters And Workers Injuries Excluded Newly titled Emergency Services Volunteer Firefighters And Workers Injuries Excluded CU2226 Emergency Vehicles Fellow Volunteer Firefighters And Workers Injuries Exclusion Buyback Newly titled Emergency Services Volunteer Firefighters And Workers Injuries Limited Exclusion CU2226 is revised to directly modify the Commercial Liability Umbrella Coverage Part instead of Endorsement CU2225. As a result the exclusion currently contained in CU2225 has been introduced in Endorsement CU2226. Also either CU2225 or CU2226 can be attached to the Policy but not both. In addition the auto specific lead in language was removed to reinforce that the exclusion applies to all bodily injury under Coverage A of the Commercial Liability Umbrella Coverage Part. The revision in general reinforces that coverage for fellow firefighters and other volunteer workers is not excluded. We also deleted both using or maintaining a covered auto to reinforce that bodily injury coverage is only excluded while engaged in volunteer firefighting rescue squad or ambulance corps operations and of the insured to reinforce that the exclusion applies to all emergency services activities in which a volunteer worker is involved regardless whether acting on behalf of the insured. CU2237 Motor Carrier Endorsement These endorsements generally revise the Who Is An Insured Provision to reinforce that consequential injury claims for damages brought by family members of your employees injured by fellow employees are not covered. CU2239 Driving Schools Newly titled Driving Schools Non owned Autos This endorsement is revised to include Non owned Autos in the title and to reformat the table in the Schedule to include a new column for number of owned autos used for driver training. CU2436 Products completed Operations Aggregate Limit Of Insurance This endorsement is revised to add non concurrent wording with respect to the policy period for consistency with the Commercial Liability Umbrella Coverage Form. CU2416 Broad Form Products Coverage Newly titled Auto Dealers Broad Form Products Coverage A lead in has been revised in CU2416 to provide that the provisions of the endorsement apply when the underlying insurance is an Auto Dealers Coverage Form. In addition this form has been revised where appropriate to add references to Auto Dealers or Auto Dealers Coverage Form andor delete references to Garage or Garage Coverage Form. CU2235 Truckers Insurance For Non trucking Use newly titled Motor Carriers Insurance For Non trucking Use CU2238 Truckers Named Lessee As Insured Notice Of Cancellation Newly titled Motor Carriers Named Lessee As Insured Notice Of Cancellation The titles of these endorsements have been revised to replace the reference to Truckers with reference to Motor Carriers. CU7426 CU7426.1 CU7426.2 CU7426.3 CU7426.4 CU7426.5 CU7426.6 CU7426.7 Dealers Endorsement These endorsements generally revise A. Section Bodily Injury And Property Damage Liability to delete the Damage to Property exclusion since the Damage To Property exclusion in the underlying Auto Dealers Coverage Form is similar to the Damage To Property exclusion in the Commercial Liability Umbrella Coverage Form. In addition the reference to garage operations is deleted from the Who Is An Insured Provision. B. Section lll Definitions to revise the definition of insured contract and your product to correspond with the applicable definitions is the underlying Auto Dealers Coverage Form. In addition the last paragraph of the property damage definition has been revised to track similar language in the Commercial Liability Umbrella Form. NEW OPTIONAL ENDORSEMENTS CU7480 Dealers Acts Errors or Omissions Exclusion This endorsement clarifies that there is no coverage under the Commercial Umbrella for damages arising out of an insured Auto Dealer Operations Acts Errors or Omissions. CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 3
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OTHER CHANGES EXISTING OPTIONAL ENDORSEMENTS The following endorsements have been editorially revised CU2229 Leasing Or Rental Concerns Schedule Of Limits For Owned Autos CU2235 Truckers Insurance For Non trucking Use Newly titled Motor Carriers Insurance For Non trucking Use CU2236 Truckers Uniform Intermodal Interchange Endorsement Form UIIE 1 CU2237 Motor Carrier Endorsement CU2238 Truckers Named Lessee As Insured Notice Of Cancellation Newly tited Motor Carriers Named Lessee As Insured Notice Of Cancellation CU2239 Driving Schools Newly titled Drive Schools Non owned Autos CU2415 Fellow Employee Auto Coverage For Designated Employees Positions CU2416 Broad Form Products Coverage Newly titled Auto Dealers Broad Form Products Coverage CU2418 Repossessed Autos CU2419 Lessor Additional Insured And Loss Payee CU83239 18 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 3
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CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer 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 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. G144233 F Page 1 of 1 Ed. 0108 942005.515808050002007
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CNA POLICYHOLDER NOTICE CNA Commercial Insurance 333 S. Wabash Ave. Chicago lllinois 60604 4153 40020005050851357500217 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1
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CNA Commercial Umbrella Renewal Declaration POLICY NUMBER B 5085135750 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 7400 COLLEGE BLVD. STE. 650 OVERLAND PARK KS 66210 Phone Number 913661 2700 FROM POLICY PERIOD TO 06012015 06012016 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Company Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Premium Flat Charge 52540 Minimum Premium 2540 Annual Total Policy Premium 2540.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 25.00 Audit Period is Not Auditable 25.00 Page INSURED
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POLICY NUMBER B 5085135750 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 ITEM 3 POLICY LIMITS OF LIABILITY Each Incident 5000 000 Aggregate 5000000 ITEM 4 RETAINED LIMIT Retained Limit 10000 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying Limit of Policy Period Insurance Coverages Liability Valley Forge Insurance Co. General Each Occurrence Limit 1000000 Liability General Aggregate Limit 2000 000 Applies per location 5085135201 Does nt apply per project Eff 06012015 to 06012016 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1000 000 Injury Liability Limit Valley Forge Insurance Co. Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1000 000 5085135201 Bodily Injury Liability Each Person Limit Eff 06012015 to 06012016 Each Accident Limit Property Damage Liability Each Accident Limit National Fire Ins Co. Hartford Employers Bodily Injury By Accident Liability Each Accident Limit 1000 000 Bodily Injury By Disease 5085135229 Each Employee Limit 1000 000 Policy Limit 1000 000 Eff 06012015 to 06012016 Valley Forge Insurance Co. Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 52000000 5085135201 Eff 06012015 to 06012016 nan nan nan nan 85135201.0 nan nan nan nan 85135201.0 nan nan nan nan 85135229.0 Disease Limit nan nan nan nan 85135201.0 ggregate Limit Page INSURED
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POLICY NUMBER B 5085135750 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 FORMS AND ENDORSEMENTS SCHEDULE Form Number G115922A G115928A G116393A G144239A G144291A G146878A G147133A G147135A G147157A31 G147232A G15057A G16197B G16375E G16663A G16912A31 G17900A G17902A G17909A31 G18132C31 G300968A IL0017 P56015B 061995 061995 061995 012003 032003 052005 012004 012004 032005 012005 101989 071992 012004 101991 091991 011992 011992 011992 022013 062010 111998 111991 Form Title Aircraft Limitation UMB Employment Related Practices Exclusion UMB Contractual Liability Limitation War Liability Exclusion Economic And Trade Sanctions Condition EXCLUSION VIOLATION OF STATUTES Amendment of Definitions Endorsement Amendment of Property Damage Exclusion Endt Exclusion Silica LOSSES FROM ACTS OF TERRORISM LIMITATION Commercial Umbrella Plus Coverage Part Amendatory Endorsement New York Contractor Limitation Endorsement NY Changes Transfer of Duties When Limit Used Up Amendatory Endorsement Policy Territory Personal Injury Liability Limitation Endorsement Advertising Injury Liability Limitation Endorsemen Automobile Liability Limitation Endorsement NY Amendment of Insuring Agreement Employee Benefit Medical Malpractice Professional Liab Exclusion Common Policy Conditions Known or Continuing Injury or Damage PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G138885A 042000 Important Information Policyholder Notice G144233F 012008 Notice Offer of Terrorism Disclosure of Premium G145041A 052003 IMP INF Economic And Trade Sanctions Condition G145661A 092003 Important Information War Liability Exclusion Yoowad MeZarnl Chairman of the Board P43770 B Ed. 1089 Countersignature Mum Page INSURED
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G115922 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that exclusion h. of SECTION COVERAGES is deleted and replaced by the following This insurance does not apply to h. Liability arising out of the ownership maintenance operation use or loading or unloading of any aircraft. However this exclusion does not apply if liability for aircraft is scheduled in this policy s Schedule of Underlying In surance for the full limits shown and then only for such liability for which coverage is afforded under the scheduled underlying insurance. 022005.51580505000200 G115922 A Ed. 0695 Page 1 of 1
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G115928 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART 1. The following exclusion is added to part 2. Exclu sions. of SECTION COVERAGES This insurance does not apply to Bodily injury or personal injury arising out of any a. Refusal to employ b. Termination of employment c. Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related prac tices policies acts or omissions or d. Consequential bodily injury or consequential personal injury as a result of a. through c. above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to re pay someone else who must pay damages because of the injury. 2. The definition for personal injury in SECTION V DEFINITIONS is deleted and replaced by the follow ing Personal injury means injury other than bodily in jury or injury excluded by 1. above or Exclusion 2.r. of SECTION COVERAGES arising out of more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into invasion of the right of private occupanc room dwelling or premises that a persor pies by or on behalf of its owner landlord sor d. Discrimination unless such insurance is ited by law e. Humiliation. Libel g. Slander or defamation of character or h. Invasion of rights of privacy all of which are committed in the conduct of sured s business except for coverage that is a under Advertising Injury. SECTION COVERAGES arising out of one or more of the following offenses a. b. c. g. h. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occu pies by or on behalf of its owner landlord or les sor Discrimination unless such insurance is prohib ited by law Humiliation Libel Slander or defamation of character or Invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. G115928 A Ed. 0695 Page 1 of 1
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G116393 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to any liability assumed by an insured under any contract or agreement. Accordingly 1. SECTION V DEFINITIONS is amended to delete the definition of insured contract. 2. Exclusion d. e. g. and j. of SECTION COVER AGES are amended to remove any coverage for liabil ity assumed under an insured contract or sidetrack agreement. This exclusion does not apply 1. If such liability is covered by valid and collectible un derlying insurance as listed in the Schedule of Under lying Insurance for the full limits shown therein and then only for such liability for which coverage is af forded under said underlying insurance or 2. To liability for damages that the insured would have in the absence of the contract or agreement. 122005.5E1580505000200 G116393 A Ed. 0695 Page 1 of 1
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G144239 A Ed. 0103 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART A. Exclusion i. under Paragraph 2. EXCLUSIONS of SECTION COVERAGES is replaced by the following 2. Exclusions Bodily injury property damage personal injury or advertising injury arising directly or indirectly out of 1 War including undeclared or civil war or Warlike action by a military including action in hindering or de against an actual or expected att any government sovereign or authority using military personnel agents or Insurrection rebellion revolution power or action taken by goverr authority in hindering or defending any of these. 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. G144239 A Ed. 0103 Page 1 of 1
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G146878 A Ed. 0505 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF STATUTES THAT GOVERN COMMUNICATION OF INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY This insurance does not apply to any liability 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 or b. The CAN SPAM Act of 2003 including any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. All other terms conditions and exclusions of this policy remain unchanged. nan nan nan nan 0.0 G146878 A Ed. 0505 Page 1 of 1
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G147133 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SECTION V DEFINITIONS is amended as follows A. The definition property damage is deleted and replaced by the following Property damage means 1. 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 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Wherever they appear in the policy the phrases personal injury and advertising injury are deleted and replaced with the phrase personal and advertising injury. The definitons of personal injury and advertising Injury are deleted and replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any mar material that slanders or libels a pel organization or disparages a persc organization s goods products or servi 5. Oral or written publication in any mant violates a person s right of privacy 6. The use of another s advertising idea advertisement or 7. Infringing upon another s copyright dress or slogan in your advertisement.. The definition of your product is delet replaced by the following Your product 1. means a. Any goods or products other thi property manufactured sold h distributed licensed by or disposec 1 You 2 Others trading under your nam 3 A person or organization business or assets you acquired and b. Containers other than ve materials parts or equipment furni connection with such goods or proc 2. includes a. Warranties or representations m any time with respect to the quality durability performance or your product and b. The providing of or failure to warnings or instructions. 3. does not include vending machines other property rented to or located for of others but not sold or licensed.. The definition Advertisement is added as AAdvartiecameant meane a natire that ie hre 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. The definition of your product is deleted and replaced by the following Your product 1. means a. Any goods or products other than real property manufactured sold handled distributed licensed by or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. does not include vending machines or any other property rented to or located for the use of others but not sold or licensed. The definition Advertisement is added as follows Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition G147133 A Ed. 0104 Page 10f 2
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G147133 A Ed. 0104 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 22005.515805050002007 G147133 A Ed. 0104 Page 2 of 2
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G147135 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PROPERTY DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY SECTION COVERAGES Exclusion j. paragraph 1 is organization or entity for the deleted and replaced by the following replacernent. enhanc restoration or maintenance property for any reason in prevention of injury to a pel damage to another s property 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property G147135 A Ed. 0104 Page 1 of 1
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G147157 A31 Ed. 0305 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to podily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or property damage arising in whole or in part out of the actual alleged or threatened presence of particulate silica. personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of particulate silica. As used in this endorsement silica means the chemical compound silicon dioxide SiOz in any form including dust which contains silica. All other terms conditions and exclusions of this policy remain unchanged. 22005.51805050002007 G147157 A31 Ed. 0305 Page 1 of 1
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G147232 A Ed. 0105 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSSES FROM ACTS OF TERRORISM LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART A. The following exclusion is added Except to the extent that coverage is provided by scheduled underlying insurance this insurance does not apply to bodily injury or property damage arising out of any act of terrorism G147232 A Ed. 0105 Page 1 of 1
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G15057 A Ed. 1089 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART 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 Com pany providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured all sums that the insured becomes legally obligated to pay as ultimate net loss because of a. b. c. d. Bodily Injury Property Damage Personal Injury or Advertising Injury caused by an incident which takes place during the policy period and in the policy territory. 2. Exclusions This Insurance does not apply to 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 per sons or property. Advertising injury arising out of 1 Breach of contract other than mis appropriation of advertising ideas under an implied contract 2 The failure of goods products or services to conform with advertised quality or perform ance 3 The wrong description of the price of goods products or services or 4 An offense committed by an insured whose business is advertising broadcasting publish ing or telecasting. Personal injury or advertising injury 1 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured or 4 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the in sured would have in the absence of the con tract or agreement. Any obligation of the insured under a 1 workers compensation 2 disability benefits or 3 unemployment compensation law or any similar law. Paragraph 1 of this ex clusion does not apply to liability of others as sumed by the insured under a valid insured con tract which is in force at the time of an injury. Bodily injury to 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 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 1 Liability assumed by the insured under an insured contract or 522005.515805050002007 G15057 A Ed. 1089 Page 1of 14
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G15057 A Ed. 1089 Al ABNR7A Claims covered by scheduled underlying in surance. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or oc cupied by or rented or loaned to any in sured b At or from 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 c Which are or were at any time trans ported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are perform ing operations i if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor or i if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. e that are or that are contained in property that is i being transported or towed by or handled for movement into onto or from a covered automobile i iiii being stored disposed of treated or processed in or upon the covered automobile otherwise in the course of transit f before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or after the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally g i delivered ii disposed of or iii abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or me chanical functioning of the covered automo bile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dis pose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or dam aged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any a Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Bodily injury or property damage arising out of the 1 ownership 2 maintenance 3 useor 4 entrustment to others G15057 A Ed. 1089 Page 2 of 14
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G15057 A Ed. 1089 Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Property damage to your product arising out of it or any part of it. 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.. Property damage to impaired property or prop erty 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 agree ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acciden tal physical injury to your product or your work after it has been put to its intended use. Damages claimed for any loss cost or expense incurred by you or others for the loss of use with drawal 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 per son or organization because of a known or sus pected defect deficiency inadequacy or danger ous condition in it. Liability for alleged or actual violations of the Em ployees Retirement Income Security Act of 1974 or any amendments or additions thereto. Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. Liability imposed on the insured under an unin sured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion does not apply to 1 a watercraft while ashore on premises you own or rent 2 awatercraft you do not own that is a less than 26 feet long and b not being used to carry persons or prop erty for a charge or 3 liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. The ownership maintenance operation use loading or unloading of aircraft 1 owned by an insured or 2 chartered without crew by an insured or on an insured s behalf. I Ultimate net loss due to 1 war whether declared or not 2 civil war 3 insurrection 4 rebellion or 5 revolution or to acts or conditions of the foregoing with re spect to liability assumed by an insured under contracts or agreements. j. Property damage to 1 Property you own rent or occupy 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 con trol of an 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 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 oc cupied rented or held for rental by you. G15057 A Ed. 1089 922005.515805050002007 Page 3 of 14
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r. To any alleged or actual discrimination by you against a past present or prospective employee and to discrimination committed intentionally against a person. s. 1 Bodily Injury property damage personal injury or advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a by reason of a claim or suit for any such injury or damage or b in complying with a governmental direc tion or request to test for monitor clean up remove contain or dispose of asbes tos. As used in this exclusion asbestos means the mineral in any form whether or not the asbestos was at any time 1 airborne as a fiber particle or dust 2 contained in or formed a part of a product structure or other real or personal property 3 carried on clothing 4 inhaled or ingested or 5 transmitted by any other means. 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. An organization other than a partnership or joint venture you are an insured. Your executive offi cers and directors are insureds but only with re spect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2. Each of the following is also an insured a. Your employees other than your executive offi cers and directors but only for acts within the scope of their employment by you. However none of these employees is an insured for 1 Bodily injury or personal injury to you or to a co employee while in the course of his or her employment or G15057 A Ed. 1089 G15057 A Ed. 1089 2 Property damage to property owned or oc cupied by or rented or loaned to that em ployee any of your other employees or any of your partners or members if you are a partnership or joint venture. b. Your subsidiary companies in existence at policy inception. c. A person or organization for which you are re quired by virtue of a written contract entered into prior to an incident to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of liability required by such contract not to exceed the limits of liability in this policy. d. A corporation or organization other than partner ships and joint ventures that you form acquire or gain control of during the policy period but only with respect to incidents taking place after you form acquire or gain control of such corporation or organization. e. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance in Item 5. of the Declara tions and then only for the same coverage except for limits of liability afforded under such scheduled underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. If you are designated in the Declarations as an individual this policy shall not apply to liability arising out of your do mestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile nor to the Personal Umbrella Liability Coverage Part. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bring ing suits. d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this pol icy. 2. Our aggregate limit of liability will be the amount in Item 3. of the Declarations for ultimate net loss aris Page 4 of 14 only with re or directors. out only with ecutive offi s within the wever none G15057 A Ed. 1089
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G15057 A Ed. 1089 40020005050851357500227 ing out of all incidents with respect to the following exposures insured by this policy a. The Products Completed Operations Hazard b. Occupational disease sustained by all employees of an insured or c. A hazard other than in a. or b. above for which an underlying insurer affords coverage subject to an aggregate limit and to which this policy applies. This aggregate limit of liability applies separately to a. through c. above. We shall only be liable for the ultimate net loss in excess of a. The applicable limits of scheduled underlying in surance in Item 5. of the Declarations for incidents covered by scheduled underlying in surance plus the limits of any unscheduled un derlying insurance which also provides coverage for such incidents b. The unscheduled underlying insurance or the retained limit whichever is greater for inci dents covered by unscheduled underlying insur ance and by this policy only or c. The retained limit for incidents covered by this policy only but only up to the amount of our limits of liability in Item 3. of the Declarations because of a single incident. In the event of reduction or exhaustion of the aggre gate limits of liability under scheduled underlying in surance solely by reason of payments of a combina tion of covered a. expenses b. settlements or c. judgments paid thereunder as a result of incidents taking place during this policy period which would except for the amount thereof be covered under this policy this policy shall subject to this limit of liability provision and to the remaining terms and provisions and condi tions of this policy a. apply in excess of such reduction of scheduled underlying insurance or b. apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of liability in Item 3. of the Declarations. The limits of this policy shall apply separately to a. each consecutive annual period and b. remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is ex tended 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 pur poses of determining the limits of liability. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying in surer shall neither relieve nor increase any of our ob ligations under this policy. In the event there is diminished recovery or no recov ery available to you as a result of such financial im pairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of liability stated in the scheduled underlying insurance. Under no circum stances shall we be required to drop down and replace the limits of liability or assume the obligations of a fi nancially impaired insurer. 2. Duties of the Insured a. In the Event of an Occurrence or Offense Which Has Not Resulted in a Claim or Suit Whenever you have information of an occurrence or offense which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably ob tained with respect to time place and cir cumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit Immediate written notice shall be given by you to us whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a investigate b defend LZ2005.561580050002007 G15057 A Ed. 1089 Page 5 of 14
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c pay on behalf of or d indemnify you has ceased. Every demand notice summons amended com plaint or other process received by you or your representative shall be forwarded with each no tice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance Whenever you are covered by other a. primary b. excessor c. excess contingent insurance not scheduled on this policy as scheduled underlying insurance this policy shall apply only in excess of and will not con tribute with such other in surance. This policy shall not be subject to terms conditions or limitations of other insurance. In the event of payment under this policy where you are cov ered by such other insurance we shall be subrogated to all of your rights of recovery against such other in surance and you shall execute and deliver instruments and papers including assignment of rights and do what is necessary to secure such rights. 5. Premium Audit a. Premiums for this policy shall be stated in the Declarations and computed in accordance with our manual rules. If this policy is issued for a pe riod in excess of one year the premium may be revised on each annual anniversary in accordance with our manual rules in effect during that time. b. Premium shown on the Declarations page as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to you. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess to you. c. You must keep records of the information we need for premium computation and send us copies at such times as we request. G15057 A Ed. 1089 G15057 A Ed. 1089 d. We may audit your books and records during the term of this policy and up to three years after wards. 6. Cancellation a. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliver ing 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 cancel lation at least 1 10 days before the effective date of cancella tion if we cancel for nonpayment of premium or 2 30 days before the effective date of cancella tion if we cancel for any other reason. c. We will mail or deliver our notice 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. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be suffi cient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each in sured against whom claim is made or suit is brought. However the inclusion of more than one insured shall not operate to increase the limits of liability. 8. Assignment Your rights and duties under this insurance may not be transferred without our written consent except if you die then your rights and duties will be transferred to a. your legal representative but only while acting within the scope of their duties as such or b. anyone having temporary custody of your property until your legal representative has been appointed. 9. Changes This policy may be changed only by an endorsement issued by us to form a part of this policy signed by our duly authorized representative. Notice to you or to our agent or knowledge possessed by us our agent or any other person shall not effect a waiver or a change in any part of this policy nor prevent us from asserting any right under the terms of this policy. Page 6 of 14 and TOULE sultiiiviie alliviivyed vwiti ther process received by you or your tive shall be forwarded with each no gainst Us shall be brought against us unless you lied with all the terms of this policy and your obligation to pay has been finally er by against you after actual trial or Jreement between us you and the ce are covered by other tingent scheduled on this policy as scheduled rrance this policy shall apply only in will not con tribute with such other in policy shall not be subject to terms limitations of other insurance. In the nt under this policy where you are cov ding assignment of rights and do to secure such rights. G15057 A Ed. 1089
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10. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. 11. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying in surance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of li ability in the scheduled underlying insurance pro vided that such reduction or exhaustion is solely the result of incidents taking place during this policy pe riod and not before. If you fail to maintain scheduled underlying insurance this condition shall not invali date this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. 12. Inspection We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Inspections surveys reports or recommendations re late only to insurability and the premiums charged. We do not make safety inspections. We do not undertake to perform the duty of persons or organizations to pro vide for the health or safety of workers or the public. We do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or stan dards. This condition applies not only to us but to rating ad visory rate service or similar organizations which make inspections surveys reports or recommenda tions. 13. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of liability afforded by the a. scheduled underlying insurance b. unscheduled underlying insurance or c. retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will how ever pay the following costs and expenses G15057 A Ed. 1089 G15057 A Ed. 1089 a. All premium bonds to release attachments for an amount not in excess of the applicable limit of li ability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds Court fees Costs and expenses taxed against you by the ap pellate court and interest accruing after entry of a judgment against you and before we have 1 paid 2 offered to pay or 3 deposited in court the part of the judgment that is within the applica ble limit of insurance. Where the underlying in surers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the ap peal is successful such amounts not obligated to be paid shall be returned to such underlying in surer. 14. Subrogation In the case of any payments by us under the cover ages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other inter ests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned in cluding you in the ratio of their respective recoveries as finally settled. 15. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settle ment of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All Named In sureds are jointly and severally responsible for our reimbursement and agree to make such reimburse ment within 30 days after we give you written notice or demand for payment. Page 7 of 14 822005.515805050002007 Page 7 of 14
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G15057 A Ed. 1089 16. Sole Agent The insured first named in the Declarations is author ized to act on behalf of all Named Insureds and other insureds with respect to a. the giving and receiving of notice of cancellation and b. receiving return premium that may be payable un der this policy. The insured first named in the Declarations is respon sible for the payment of premiums but the other Named Insureds jointly and severally agree to make such payments in full if the insured first named fails to pay the amount due within 30 days after we give writ ten notice or demand. SECTION V DEFINITIONS 1. Advertising injury means injury arising out of one or more of the following offenses a. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services b. Oral or written publication of material that violates a person s right of privacy c. Misappropriation of advertising ideas or style of doing business or d. Infringement of copyright title or slogan. 2. Automobile means a land motor vehicle trailer or semitrailer designed for travel on public roads includ ing any attached machinery or equipment. But automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or dis ease mental injury or mental anguish sustained by a person including death resulting from any of these. 4. Aircraft means a vehicle designed to transport per sons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inade quate 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 agree ment. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement of license agreement except in connection with construction or demolition opera tions on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertain ing to your business including an indemnification of a municipality in connection with work per formed for a municipality under which you as sume the tort liability to pay damages because of bodily injury or property damage to a third per son or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or sur veyor for an injury or damages arising out of 1 preparing approving or failing to prepare or approve a maps b c opinions drawings d reports e surveys f change orders g h 2 giving directions or instructions or failing to give them if that is the primary cause of the injury or damage designs or specifications or b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engi neering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. G15057 A Ed. 1089 Page 8 of 14
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7. Loading or unloading means the handling of prop erty After it is moved from the place where it is ac cepted for movement into or onto an aircraft watercraft or automobile While it is in or on an aircraft watercraft or automobile or While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the move ment of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not main tained 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 Vehicles not described in a b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal G15057 A Ed. 1089 G15057 A Ed. 1089 b Road maintenance but not construction or resurfacing 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 in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Incident a. With respect to claims which are covered in whole or in part by the immediate scheduled un derlying insurance policy whether or not the lim its thereof become reduced or exhausted incident means either an occurrence or offense depending upon which term triggers coverage in your immediate scheduled underlying insurance policy. 1 The trigger of coverage with respect to bodily injury and property damage is an occurrence. When coverage is triggered by an occurrence then incident means an acci dent including continuous or repeated expo sure to substantially the same general harmful conditions that take place during this policy period. 2 The trigger of coverage with respect to personal injury and advertising injury is an offense. a For personal injury when coverage is triggered by an offense then incident means an act or series of acts of the same or similar nature committed during this policy period. All loss arising out of such act or series of acts regardless of the frequency thereof or the number of claimants shall be deemed to arise out of one offense. b For advertising injury when coverage is triggered by an offense then incident means an act or series of acts in which the same or similar advertising material is used regardless of the number or kind of media used committed during this policy period. All damages involving the same injurious material or act regardless of the i frequency or repetition thereof i number or kind of media used or iii number of claimants shall be deemed to arise out of one of fense. Page 9 of 14 622005.515805050002007 Page 9 of 14
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b. With respect to claims which are covered by this policy but which are not covered by the immedi ate scheduled underlying insurance incident means either an occurrence or offense. 10. Personal Injury means injury other than bodily injury arising out of one or more of the following of fenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premise that a person occupies by or on behalf of its owner landlord or lessor d. discrimination unless such insurance is prohibited by law e. humiliation f. libel g. slander or defamation of character or h. invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. 11. a. Product completed operations hazard in cludes bodily injury and property damage oc curring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. b. Your work will be deemed completed at the ear liest of the following 1 When all work called for in the insured con tract has been completed 3 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a service b maintenance c correction d repair or e replacement G15057 A Ed. 1089 but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the in jury or damage arises out of a condition in or on a vehicle created by the loading or unload ing of it or 2 The existence of a tools b uninstalled equipment or c abandoned or unused materials. 2. 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 physi cally injured. All such loss shall be deemed to oc cur at the time of the occurrence that caused it. 13. Suit means a civil proceeding in which damages because of a. bodily injury b. property damage c. personal injury or d. advertising injury to which this insurance applies are alleged. Suit in cludes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceed ing in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or dis posed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. tion or defamation of character or 1 of rights of privacy ear con G15057 A Ed. 1089 Page 10 of 14
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Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connec tion with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated in Item 4. of the Declarations. 17. Scheduled underlying insurance means the insur ance policies listed in the Schedule of Underlying In surance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 final adjudication on the merits or 2 through compromise settlement with our writ ten consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and sal vages. b. Ultimate net loss does not include the following 1 costs or expenses related to a b c adjustment or It nor costs or expenses incident to the same which an underlying insurer has paid in curred or is obligated to pay to or on behalf of the insured litigation settlement appeals 2 pre judgment interest 3 office costs and expenses and salaries and expenses of the employees of an insured G15057 A Ed. 1089 G15057 A Ed. 1089 4 our office costs and expenses and salaries of our employees or 5 general retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers an incident also covered by this policy but does not include insurers whose policies were pur chased specifically to be in excess of this policy. It in cludes all insurers providing a unscheduled underlying insurance and b. scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insur ance policies available to an insured whether 1 primary 2 excess 3 excess contingent or 4 otherwise except the policies listed in the Schedule of Under lying Insurance. b. Unscheduled underlying insurance does not in clude insurance purchased specifically to be ex cess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by under lying policies and the obligation of all underlying in surers either to a. investigate and defend the insured or b. pay the cost of such investigation and defense ceases solely through exhaustion of all underlying lim its of liability through payment of a combination of covered expenses settlements or judgments for incidents taking place during our policy period then we will either a. assume the investigation and defense of the in sured against suits seeking damages or b. if we elect not to assume the investigation and defense in 1.a. above we will reimburse the in sured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 office expenses of the insured 2 salaries and expenses of employees and Page 11 of 14 performed by you or on your ranaiitive M Tl e a et the fitness quality durability your work and the providing of rings or instructions. 1s the amount stated in Item 4. g insurance means the insur the Schedule of Underlying In ewal or replacement of such ot more restrictive than those tioned Schedule of Underlying 0E2005.51580505000200 Page 11 of 14
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G15057 A Ed. 1089 3 general retainer fees of counsel retained by the insured. We will investigate and defend suits brought against an insured for a claim or suit that alleges damages from an incident not covered under a. scheduled underlying insurance and b. unscheduled underlying insurance but which seeks damages arising out of an incident otherwise covered under this policy. Costs and ex panses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reim burse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. groundless b. false or c. fraudulent but only until we make payment or offer to pay or de posit in court that part of judgments not exceeding our limit of liability. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of liability stated in the Declarations. In addition to our limits of liability we will pay prejudg ment interest awarded against an insured on that part of a judgment covered by this policy. We will not pay prejudgment interest on that period of time after we offer to pay a. our limit of liability or b. that portion of our limit of liability which equals the amount of a settlement demand when combined with the limits of underlying insurers. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. paid b. offered to pay or c. deposited in court that part of the judgment that is within the limit of in surance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. paid b. offered to pay c. deposited in court that part of the judgment that is within the limit of in surance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to 100 a day because of time off from work. SECTION VIl POLICY TERRITORY Policy Territory means anywhere in the world provided such liability is covered by valid and collectible Underlying Insurance as listed in the Schedule of Underlying Insur ance for the full limit shown therein and then only for such liability for which coverage is afforded under said Underly ing Insurance. With respect to claims made or suits instituted in courts elsewhere than within 1. the United States of America including its territories and possessions 2. Puerto Rico or 3. Canada we shall have the right but not the duty to defend such suits and to make such 1. investigation 2. negotiation and 3. settlement of such claims or suits as we deem expedient provided in cases in which we elect not to investigate settle or defend you under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary and subject to prior authorization by us will effect to deem prudent. We shall reimburse you for the reasonable cost of such 1. investigation 2. settlement or 3. defense in the currency of the United States at the rate of exchange prevailing on the date of payment. to pay or d in court G15057 A Ed. 1089 Page 12 of 14
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G15057 A Ed. 1089 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that This policy does not apply A. Under Liability Coverage to ultimate net loss 1. With respect to which you under this policy are also an insured under a nuclear energy li ability policy issued by the a. Nuclear Energy Liability Insurance Asso ciation b. Mutual Atomic Energy Liability Underwrit ers or. Nuclear Insurance Association of Can ada or would be an insured under such policy but for its termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or a law or amendment thereof or b. the insured is or had this policy not been issued would be entited to indemnity from the United States of America or an agency thereof under an agreement en tered into by the United States of Amer ica or any agency thereof with a person or organization. B. Under any Medical Payment Coverage or under any Supplementary Payments provision relating to first aid to expenses incurred with respect to ultimate net loss resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any per son or organization. Under any Liability Coverage to ultimate net loss resulting from the hazardous properties of nuclear material if 1. The nuclear material a. is at a nuclear facility owned by or op erated by or on behalf of an insured or b. has been discharged or dispersed there from 2. The nuclear material is contained in spent fuel or waste at any time possessed han G15057 A Ed. 1089 dled used processed stored transported or disposed of by or on behalf of an insured or 3. The loss arises out of the furnishing by an i sured of services materials parts or equip ment in connection with the a. planning b. construction. maintenance d. operation or use of a nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to ultimate net loss to such nuclear facility and any prop erty threat. Il As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means a fuel element or fuel compo nent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means waste material 1. containing byproduct material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. resulting from the operation by a person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. anuclear reactor 2. any equipment or device designed or used for a. separating the isotopes of uranium or plutonium Page 13 of 14 12005.5E1580505000200 Page 13 of 14
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G15057 A Ed. 1089 4. any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fis sionable material. Ultimate net loss includes all forms of radioactive contamination of property. b. processing or utilizing spent fuel or c. handling processing or packaging waste any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is lo cated consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 G15057 A Ed. 1089 Page 14 of 14
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G16197 B Ed. 0792 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT NEW YORK a 30 days before the effective date of can cellation if we cancel for any reason not included in paragraph b below. b 15 days before the effective date of can cellation if we cancel for any of the follow ing reasons 0 ii Nonpayment of premium Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrep resentation in the obtaining of the policy or in the presentation of a claim thereunder iv After issuance of the policy or after V the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the prop erty insured occurring after issuance or last annual renewal anniversary date of the policy that results in the property becoming uninsurable in ac cordance with our objective uni formly applied underwriting standards in effect at the time the policy was is sued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy that causes the risk of loss to be substantially and materially in creased beyond that contemplated at the time the policy was issued or last renewed vi Required pursuant to a determination by the Superintendent that continua tion of our present premium volume would jeopardize our solvency or be hazardous to the interest of our poli cyholders our creditors or the public vii A determination by the Superinten dent that the continuation of the pol icy would violate or would place us in Page 10f 3 For policies issued or delivered in New York the policy terms and conditions are amended by the following I. Exclusion q. SECTION I is replaced by the following q. Liability imposed on the insured under a personal injury protection law a reparations benefits law or other similar law. IIl. Condition 2. Section IV is amended by the addition of the following 2. c. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars suffi cient to identify the insured shall be consid ered notice to us. Failure to give such notice shall not invalidate any claim made by the in sured or by any other claimant if it was not reasonably possible to give such notice and that notice was given as soon as was rea sonably possible. lll. Condition 3. SECTION IV is replaced by the follow ing 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you b. Written agreement between us you and the claimant or c. Judgment against you remains unsatisfied at the expiration of 30 days from the serving of notice of entry of judgment upon you your attorney or us. IV. Condition 5.d. SECTION IV is replaced by the follow ing 5. d. We shall audit your books and records within 180 days after the expiration of this policy. V. Paragraphs b. c. and e. of Condition 6. Cancellation SECTION 1V are replaced by the following b. 1 Cancellation For Policies In Effect 60 Days or Less We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least G16197 B Ed. 0792 2E2005.515805050002007
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G16197 B Ed. 0792 violation of any provision of the In surance Code or Where we have reason to believe in good faith and sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insur ance proceeds. 2 Cancellation Of Policies In Effect For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or con tinuation of a policy we issued we may cancel this policy only for any of the reasons listed in paragraph 1b above provided we mail the first Named Insured written notice of cancella tion at least 15 days before the effective date of cancellation. c. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and the authorized agent or broker. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement we will be entitied to retain minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. VL. The following Conditions SECTION IV are added and supersedes any other provisions to the Contrary 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in paragraph 3. below along with the reason for nonrenewal. 2. Conditional Renewal If we conditionally renew this policy subject to a a. Change of limits Change in type of coverage Reduction of coverage Increased deductible Addition of exclusion or 0o ooy Increased premiums in excess of 10 exclu sive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of ex G16197 B Ed. 0792 perience rating loss rating retrospective rat ing or audit we will send notice as provided in paragraph 3. below. Notices of Nonrenewal and Conditional Re newal a. If we decide not to renew this policy or to conditionally renew this policy as provided in paragraph 1. and 2. above we will mail or de liver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 the expiration date or 2 the anniversary date if this is a continu ous policy. b. Notice will be mailed or delivered to the First Named Insured at the address shown in the policy and the authorized agent or broker. If notice is mailed proof of mailing will be suffi cient proof of notice. c. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insured of yours mails or delivers notice that the policy has been replaced or no longer desired. If we send the first Named Insured an incomplete or late conditional renewal notice or a late nonre newal notice as provided for in paragraph 3. above coverage will remain in effect at the same terms and conditions of this policy and at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured has re placed the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. If however the insured elects to renew on the basis of the conditional renewal no tice then such terms conditions and rates shall govern the policy upon expiration of such 60 day period unless such notice was provided at least 30 days prior to the expiration date of the policy in which case the terms conditions and rates set forth in the conditional renewal notice shall apply as of the renewal date. If we send the first Named Insured a late condi tional renewal notice or a late nonrenewal notice on or after the expiration date of the policy cover age shall remain in effect on the same terms and conditions of this policy for another policy period and at the lower of the current rates or the prior period s rates unless the insured during the addi tional policy period has replaced the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. Page 20f 3
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G16197 B Ed. 0792 40020005050851357500233 5. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with paragraph 4. above. VII. The last sentence of SECTION Hll LIMITS OF IN SURANCE does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. VIIl. Paragraph 2.b. of SECTION IV CONDITIONS is deleted and replaced by the following 2. b. Inthe Event of the Claims or Suit Notice shall be given by you to us whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be as serted or 3 You obtain information that the obligation of underlying insurers to a investigate b defend c pay on behalf of or d indemnify you has ceased. Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. IX. Paragraph d. of Definition 10. Personal injury SECTION V is deleted and not replaced. X. Definition 7. Loading and unloading SECTION V does not apply nor does any reference to it apply. XI. Paragraph 1. of SECTION VI DEFENSE PAYMENT AND RELATED DUTIES is replaced by the following Xi. 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. investigate and defend the insured or b. pay the cost of such investigation and de fense ceases solely through exhaustion of all underlying limits of liability through payment of a combination of covered expenses settlements or judgments for incidents taking place during our policy period then we shall assume the investigation and de fense of the insured against suits seeking dam ages. If we are not permitted by law or otherwise to assume the investigation and defense in 1.a. above we will reimburse the insured for reason able defense costs and expenses incurred with our written consent. However such reimburse ment excludes 1 office expenses of the insured 2 salaries and expenses of employees and 3 general retainer fees of counsel retained by the insured. Paragraph 4. of SECTION VI DEFENSE PAYMENT AND RELATED DUTIES is amended by the addition of the following With regard to claims or suits covered by unscheduled underlying insurance or covered by this policy only we shall with your consent have the right to make settlement. However if you refuse to consent to any settlement mutually agreed upon by us and the plaintiff recommended in writing by us and you elect to contest or continue any legal proceedings our li ability shall not exceed the amount for which the claim or suit could have been settled plus the cost and ex penses incurred up to the date of such refusal. G16197 B Ed. 0792 Page 30f 3
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G16375 E Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART I. The following paragraphs are added to SECTION COVERAGES 2. Exclusions This insurance does not apply 1. to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by or on behalf of any insured 2. to bodily injury property damage or personal and advertising injury arising out of any operation performed by or on behalf of any insured which is or was insured under an Owner Controlled Insurance Program O.C.L.P. or Contractor Controlled Insurance Program C.C.L.P. otherwise referred to as a wrap up 3. to bodily injury property damage or personal and advertising injury arising out of the design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior insulation and finishing system EIFS or any part thereof or any substantially similar system or any part thereof by or on behalf of any insured 4. to property damage arising out of the explosion hazard the collapse hazard or the underground property damage hazard 5. to bodily injury property damage or personal and advertising injury arising out of the subsidence of land 6. to bodily injury property damage or personal and advertising injury arising out of your work on any residential structure. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply if such bodily injury property damage or personal injury and advertising injury is covered by scheduled underlying insurance. IIl. The following definitions are added to SECTION V DEFINITIONS Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under G16375 E Ed. 0104 pressure prime movers machinery or transmitting equipment. Exterior insulation and finishing system means an exterior wall cladding system consi an insulation material attached to a substrate coat on the surface of the insulation material protective finish applied to the base coat a accessories thereto including but not lim conditioners primers accessories flashings cc caulking or sealants. Professional services means the pre approving or failing to prepare or approve shop drawings opinions reports surveys field change orders or drawings and specificati supervisory or inspection activities performed of any architectural engineering or su activities. Professional services do not services within construction means m techniques sequences and procedures emplo you in connection with your operations in your as a construction contractor. Residential structure means a structure whe or more of the square footage area is used or ir to be used for human habitation. Structural property damage means the collaps structural injury to any building or structure due 1. Grading of land excavating borrowing back filling tunneling pile driving cofferda or caisson work or 2. Moving shoring underpinning raisi demolition of any building or structure or r or rebuilding of any structural support building or structure. Subsidence means earth movement including limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away ca eroding or tilting Earthquake or h. Any other movement of land or earth. Pag pressure prime movers machinery or power transmitting equipment. Exterior insulation and finishing system EIFS means an exterior wall cladding system consisting of an insulation material attached to a substrate a base coat on the surface of the insulation material and a protective finish applied to the base coat and any accessories thereto including but not limited to conditioners primers accessories flashings coatings caulking or sealants. Professional services means the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or supervisory or inspection activities performed as part of any architectural engineering or surveying activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Residential structure means a structure where 30 or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to 1. Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2. Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement including but not limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away caving in eroding or tilting Earthquake or h. Any other movement of land or earth. Page 10f 2
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G16375 E Ed. 0104 Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property or any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. VE2005.5E1580505000200 G16375 E Ed. 0104 Page 2 of 2
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G16663 A Ed. 1091 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES TRANSFER OF DUTIES WHEN THE LIMIT OF INSURANCE IS USED UP For policies issued or delivered in New York the policy terms and conditions are amended by the following The following Condition is added to Section IV. CONDI TIONS Transfer of Duties When the Limit of Insurance Is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the aggregate limit of liability insurance as stated in Item 3. of the Declara tions is likely to be used up in the payment of judg ments or settlements we will notify the first Named In sured in writing to that effect. b. When the aggregate limit of liability insurance as stated in Item 3. of the Declarations has actually been used up in the payment of judgments or settlements 1 We will notify the first Named Insured in writing as soon as practicable that a Such limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to the limit of liability insurance and which are re ported to us before that limit is used up. The in sured must cooperate in the transfer of control of said claims or suits. We agree to take such steps as we deem appro priate to avoid a default in or continue the de fense of such suits until such transfer is com pleted provided the appropriate insured is coop erating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to the limit had it not been used up if the claim or suit is reported to us after that limit of liability has been used up. The first Named Insured and any other insured involved in a suit seeking damages subject to the limit must arrange for the defense of such suit within such time period as agreed to be tween the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. The first Named Insured will reimburse us for ex penses we incur in taking those steps we deem ap propriate in accordance with paragraph b.2 above. The duty of the first Named Insured to reimburse us will begin on 1 The date on which the aggregate limit of liability insurance is used up if we sent notice in accor dance with paragraph a. above or 2 The date on which we sent notice in accordance with paragraph b.1 above if we did not send no tice in accordance with paragraph a. above. The exhaustion of the aggregate limit of liability insur ance by the payments of judgments or settlements and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provi sions of this Condition. 3 G16663 A Ed. 1091 Page 1 of 1
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G16912 A31 Ed. 0991 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT POLICY TERRITORY COMMERCIAL UMBRELLA PLUS COVERAGE PART Section VII. POLICY TERRITORY is deleted in its entirety and replaced by the following VII. POLICY TERRITORY Policy Territory means 1. The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace provided that the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by you in the territory described in a. above or b The activities of a person who home is in the territory described in a. above but is away for a short time on your business and 2 The insured s responsibility to pay dam ages is determined in a suit on the mer its in the territory described in a. above or in a settlement we agree to. Anywhere else in the world other than 1. above provided such liability is covered by valid and col lectible Underlying Insurance as listed in the Schedule of Underlying Insurance for the full amount shown therein and then only for such li ability for which coverage is afforded under said Underlying Insurance. With respect to claims made or suits instif courts elsewhere than within a. The United States of America incluc territories and possessions Puerto Rico or Canada we will investigate negotiate and defen claims or suits. We shall with your have the right to make settlement. How your refuse to consent to any settlement n agreed upon by us and the plaintiff recomr in writing by us and you elect to contest tinue any legal proceedings our liability s exceed the amount for which the claim could have been settled plus the cost a penses incurred up to the date of such re we are not permitted by law or otherwise vestigate settle and defend or if we do n the expertise to provide a proper defense foreign country you under our supervisi make or cause to be made such investigat defense as may be reasonably necessal subject to prior authorization by us will e deem prudent. We shall reimburse you reasonable cost of such a. investigation b. negotiation and c. settlement in the currency of the United States at the exchange prevailing on the date of paymen With respect to claims made or suits instituted in courts elsewhere than within a. The United States of America including its territories and possessions b. Puerto Rico or c. Canada we will investigate negotiate and defend such claims or suits. We shall with your consent have the right to make settiement. However if your refuse to consent to any settlement mutually agreed upon by us and the plaintiff recommended in writing by us and you elect to contest or con tinue any legal proceedings our liability shall not exceed the amount for which the claim or suit could have been settled plus the cost and ex penses incurred up to the date of such refusal. If we are not permitted by law or otherwise to in vestigate settle and defend or if we do not have the expertise to provide a proper defense in such foreign country you under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary and subject to prior authorization by us will effect to deem prudent. We shall reimburse you for the reasonable cost of such a. investigation b. negotiation and c. settlement in the currency of the United States at the rate of exchange prevailing on the date of payment. SE2005.5E15808050002007 G16912 A31 Ed. 0991 Page 1 of 1
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G17900 A Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that the following paragraph is added to Exclusions SECTION I This insurance does not apply to any liability arising out of personal injury as defined in SECTION V DEFINITIONS. However this exclusion does not apply if said personal injury is scheduled in the scheduled underlying insurance for the full limits shown and then only for such liability for which coverage is provided in the scheduled underlying insurance. G17900 A Ed. 0192 Page 1 of 1
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G17902 A Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISING INJURY LIABILITY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that the following paragraph is added to Exclusions SECTION I This insurance does not apply to any liability arising out of advertising injury as defined in SECTION V DEFINITIONS. However this exclusion does not apply if said advertising injury is scheduled in the scheduled underlying insurance for the full limits shown and then only for such liability for which coverage is provided in the scheduled underlying insurance. 9E2005.515805050002007 G17902 A Ed. 0192 Page 1 of 1
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G17909 A31 Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMOBILE LIABILITY LIMITATION ENDORSEMENT NEW YORK This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that this insurance applies to liability arising out of the ownership maintenance or use of any automobile but only to the extent that such liability is covered by valid and collectible underlying insurance as listed in the Schedule of Underlying Insurance for the full limits shown therein and then only for such liability for which coverage is afforded under said underlying insurance. G17909 A31 Ed. 0192 Page 1 of 1
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G18132C31 Ed. 0213 CNA AMENDMENT OF INSURING AGREEMENT EMPLOYEE BENEFITS LIABILITY NEW YORK Itis understood and agreed that this endorsement amends the COMMERCIAL UMBRELLA PLUS COVERAGE PART as follows 1. SECTION I COVERAGES is amended to add the following to Paragraph 1. Insuring Agreement We will also pay on behalf of the insured those sums in excess of scheduled underlying insurance that the insured becomes legally obligated to pay as ultimate net loss because of a negligent act error or omission committed in the administration of your employee benefit program but only if and to the extent such ultimate net loss is covered by scheduled underlying insurance. Only for the purpose of the coverage provided by this endorsement a. Employee benefit plan means the same as it does in scheduled underlying insurance. b. Incident means a negligent act error or omission committed by you or on your behalf in the administration of your employee benefit program. c. Condition 11. Maintenance of Scheduled Underlying Insurance is amended to delete its requirement that aggregate reduction or exhaustion result solely from incidents taking place during this policy period and not before. All other terms and conditions of the Policy remain unchanged. LE2005.581580050002007 G18132C31 Ed. 0213 Page 1 of 1 Copyright CNA Al Rights Reserved.
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G300968 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Medical Malpractice Professional Liability Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION I COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of the rendering of or failure to render the following professional services a Medical surgical dental x ray or nursing treatment service advice or instruction including the furnishing of food or beverages in connection therewith b Furnishing prescribing applying injecting or dispensing of drugs or medical dental or surgical supplies or appliances c Handling of or performing postmortem examinations or procedures on human bodies d Organ donation e Health or therapeutic service treatment advice or instruction or f Service by any person as a member of a formal accreditation or similar professional board or committee of the named insured or as a person charged with the duty of executing directives of any such board or committee. 9 Any service treatment procedure advice or instruction for the purpose of appearance or skin enhancement hair removal extension weave or replacement or personal grooming relaxation or therapy. All other terms conditions and exclusions of this policy remain unchanged. G300968 A Ed. 0610 Page 1 of 1
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CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. AMENDMENT OF INSURING AGREEMENT KNOWN OR CONTINUING INJURY OR DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART I Paragraph 1. Insuring Agreement of SECTION COVERAGES is replaced by the following 1. Insuring Agreement We will pay on behalf of the insured all sums that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage personal injury and advertising injury to which this insurance applies. a. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an incident that takes place in the policy territory 2 The bodily injury or property damage occurs during the policy period and 3 With respect to bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period both of the following conditions are met i Prior to the authorized ins bodily injury had occurred ir i During the authorized ins the bodily i damage had ot part. For purposes of th only if a bodily damage that occu period does not resume after the ter period and b no first knows of thi property damage termination of this such first knowledge during this policy pe b. Bodily injury or proy occurs during the policy prior to the policy pel et terad by art S at by i Prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and i During the policy period an authorized insured first knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1a.3 only if a bodily injury or property damage that occurs during this policy period does not continue change or resume after the termination of this policy period and b no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. b. 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 authorized insured includes 8E2005.5E15805050002007 POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY P56015 B 1191 ED. DATE AUTHORIZED REPRESENTATIVE Paae 1 of 2 P56015 B 1191 ED. Page 1 of 2
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CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized insured 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 claim or suit 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. This insurance applies to personal injury and advertising injury caused by an incident that takes place during the policy period and in the policy territory. The following changes are made to SECTION V DEFINITIONS 1. Definition 9. Incident is deleted in its entirety and replaced by the following 9. Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal injury and advertising injury incident means an offense arising out of your business. The following definition is added Authorized insured means any insured listed under Paragraph 1.a. through c. of SECTION Il WHO IS AN INSURED or any employee authorized by such an insured to give or receive notice of an incident claim or suit. POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY DATE AUTHORIZED REPRESENTATIVE P56015 B 1191 ED. Page 2 of 2
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CNA IMPORTANT INFORMATION FROM THE MEMBER COMPANIES OF CNA INSURANCE CNA An endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage has been added to your Commercial Umbrella policy renewal. This endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage provides coverage for bodily injury and property damage which was not known by the insured to have occurred in whole or in part prior to the inception of this policy. This endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage also provides that bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period will constitute bodily injury or property damage under this policy only if during the policy period the insured first knew that the bodily injury or property damage had occurred in whole or in part. The Amendment of Insuring Agreement Known or Continuing Injury or Damage endorsement has been added to your policy to clarify that this policy does not apply to known losses and to clarify when this policy will apply to injury or damage that continues changes or resumes during more than one policy period. 6E2005.5E15805050002007 G138885 A Ed. 0400 Page 1 of 1
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CNA IMPORTANT INFORMATION FROM THE MEMBER COMPANIES OF CNA INSURANCE CNA An endorsement G144239 A War Liability Exclusion has been added to your Commercial Umbrella Plus Coverage policy. G144239 A War Liability Exclusion When this endorsement is attached to your policy Coverage is excluded for bodily injury liability property damage liability personal injury liability and advertising injury liability arising out of war warlike action and similar events. Previously the War exclusion under the Commercial Umbrella Plus Coverage Part applied only to contractually assumed liability arising out of such events. Please contact your agent if you have any questions about your coverage. 0VZ005.5158005000200 G145661 A Ed. 0903 Page 1 of 1
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G144291 A Ed. 0303 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added to the COMMON POLICY CONDITIONS ECONOMIC AND TRADE SANCTIONS CONDITION In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following 1. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions 2. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions 3. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions 4. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or 5. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. 142005.5E1580505000200 G144291 A Ed. 0303 Page 1 of 1
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IL00 17 1198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1
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CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To B5085135750 060115 060116 Named Insured And Address Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 Coverage Is Provided By Agency Continental Casualty Company 060692310 Agent LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION s 2540.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. V2005.515805050002007 ISSUE DATE 041715
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2005.515805050002007 END OF COPY
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IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirementsof the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholdersindicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of los specified the premium we would charge if any for providing such insurance and except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. 1f You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terro Risk Insurance Act is shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. carefully review your policy and the Important Notice previously provided to you for further s. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Rejection of such statutory insurance is legally prohibited. is a workers compensation policy rejection of insurance for terrorism is legally prohibited. If aggregate insured lo Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Reference Copy last page Form 99 10 0732 Rev. 12 07 Important Notice Page 1
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IMPORTANT NOTICE TO POLICYHOLDERS This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and plac trictions on transactions with foreign agents front organizations terrorists terrori organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Reference Copy last page Form 99 10 0792 Ed. 9 04 Tmportant Notice Page T
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POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafterChubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactionsis available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. Reference Copy last page Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1
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Chubb Commercial Excess And Umbrella Insurance Premium Bill To MARCH 312015 Policy Period MARCH 31 2014 To MARC Effective Date March 312014 Policy Number 7989 34 08 Insured U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 Producer LOCKTON COMPANIES LLC THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT TO AGENT OR BROKER IF APPLICABLE Coverage Premium 10633.00 Commercial Umbrella Total 10633.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 310.00 Reference Copy last page Form 07 10 0542 Ed. 10 06 Premium Bill Page 1
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Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies Chubb Group of Insurance Companies 15 Mountain View Road Warren NJ 07059 Policy Number 7989 34 08 Named Insured and Mailing Address U STOR MIDSTATES MANAGEMENT INC. 435 NORTH BROADWAY SUITE 201 WICHITA KS 67202 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Producer No. 0037949 99999 Incorporated under the laws of Indiana Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From MARCH 312014 To MARCH 312015 1201 AM. standard time at the Named Insured s mailing address shown above. 0 0 S Premium 10 633.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 5000000. Umbrella Coverages Aggregate Limit 5000000. Products Completed Operations Aggregate Limit SEE BELOW Advertising Injury and Personal Injury Aggregate Limit 5000000. Each Occurrence Limit 5000000. INCLUDED IN THE EXCESS COVERAGE OTHER AGGREGATE LIMIT B Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY Secretary President ble Authorized Representative Q.Dl March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 2267 Ed. 2 09 Declarations Page T
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Chubb Commercial Excess And Umbrella Insurance Schedule Of Forms Policy Period Effective Date Policy Number Insured MARCH 312014 to MARCH 31 March 312014 7989 34 08 WUC U STOR MIDSTATES MANAGEMENT INC. to MARCH 312015 Name of Company Date Issued FEDERAL INSURANCE COMPANY March 28 2014 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL IMPORTANT NOTICE TO POLICYHOLDERS TRIPRA IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE KANSAS CANCELLATION AND WHEN WE DO NOT RENEW COMPLIANCE WITH APPLICABLE TRADE SANCTIONS COVERAGE CRISIS ASSISTANCEEXCESS AND UMB COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS CAP ON CERTIFIED TERRORISM LOSSES POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN LIMITS EXCESS COVERAGE OTHER AGGREGATE LIMIT EXCLUSIONS CONSTRUCTION OR DEVELOPMENT POLICY EXCL LOSS OF USE OF ELECTRONIC DATA BIOLOGICAL AGENTS EXCL. CARE CONTROL OR CUSTODY COV. B EMPLOYEE OR WORKER INJURY EXCLUSION FOREIGN LIABILITY EXCL. BI PD AI PICOV. B INTELLECTUAL PROPERTY LAWS OR RIGHTS LIMITATION TO DESIGNATED PREMISES COV. A PROFESSIONAL SERVICES EXCL POLLUTION EXCL. EXCESS FOLLOW FORM COV. A PRODUCTS COMPLETED COV. B EXCLUSION SCHEDULE OF UNDERLYING INSURANCE 07 10 0542 99 10 0732 99 10 0792 99 10 0872 07 02 2267 07 02 0815 07 02 1006 07 02 1988 07 02 2440 07 02 2483 07 02 1961 07 02 2172 07 02 2184 07 02 2244 07 02 2500 07 02 1692 07 02 0836 07 02 0852 07 02 0861 07 02 1146 07 02 0870 07 02 0864 07 02 0885 07 02 0890 07 02 0922 1006 1207 0904 0607 0209 0701 0502 0204 1210 0312 1207 0113 0105 0108 0512 0701 0701 0701 0701 0510 0701 0701 0701 0701 0701 Chubb Commercial Excess And Umbrella Insurance Reference Copy last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1
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Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date MARCH 31 2014 Policy Number 7989 34 08 Insured U STOR MIDSTATES MANAGEMENT INC. Description Limits Customer Goods Legal Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 36024973 S 500000. Policy Period 03312014 to 03312015 500 000. Each Occurren Aggregate Limits 500000. Each Occurrence 500000. Aggregate Occurrence Sales Disposal Legal Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 36024973 Policy Period 03312014 to 03312015 500000. Each Incident 500000. Aggregate Occurrence Commercial General Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 36024973 S 1000000. Policy Period 03312014 2000000 to 03312015 SEE BELOW Occurrence 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when 1000000. 2000000. SEE BELOW 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable PRODUCTS COMPLETED OPERATIONS AGGREGATE IS INCLUDED IN THE GENERAL AGGREGATE LIMIT Reference Copy Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1
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Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date MARCH 31 2014 Policy Number 7989 34 08 Insured U STOR MIDSTATES MANAGEMENT INC. Description Limits Non Owned Hired Auto Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 36024973 S 1000000. Policy Period 03312014 to 03312015 Each Accident Limits 1000000. Each Accident Occurrence All other terms and conditions remain unchanged. Authorized Representati O g Q March 28 2014 Authorization Reference Copy Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 2
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Chubb Commercial Excess And Umbrella Insurance Table Of Contents ravic Ui VUINciito Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settements... Supplementary Payments CONGETEION Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions 25 29 Reference Copy Contract Page 10132
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Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Coverage Excess Follow Form Coverage A Co verages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applies which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage differs from any term or condition contained in the applicable underlying insurance or is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply. to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss by reason of liability imposed by law or assumed in an insured contract Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 30132
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Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued Advertising Injury And Personal Injury Liability Coverage for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertisinginjury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 4 0132
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Chubb Commercial Excess And Umbrella Insurance Investigation Defense Subject to all of the terms and conditions of this insurance we will have the right and duty to And Settlements defend the insured under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit to which this insurance does not apply or if any other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A Payments or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bonds or b. bonds requiredto 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit including actual los 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 50132
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Supplementary 6. interest on the full amount of a judgment that accrues after entry of the judgment and Payments before we have paid offered to pay or deposited in court the part of the judgment that is continued within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess FollowForm With respect to Excess Follow Form Coverage A this insurance applies anywhere that the Coverage A applicable underlying insurance applies. Umbrella Coverage B With respect to Umbrella Coverage B this insurance applies anywhere. S S S S S S NSNS Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations qualify Excess Follow Form asinsureds Coverage A the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. Umbrella Coverage B Sole Proprietorships If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint If you are a partnership including a limited liability partnership or a joint venture you are an Ventures insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 6 0132
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Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies Other Organizations If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your busi Your managers are insureds but they are insureds only with respect to their duties as your managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Employees Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Real Estate Managers Lessors Of Equipment Lessors Of Premises Persons other than your employees or organizations while acting as your real estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. ions from whom you lease equipment are insureds but they are insureds only wuh respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence or occurrence that occurs or offense that is committed after the equipment lease ends. Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or structural alteration new construction or demolition operations performed by or on behalf of them. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 70132
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Whols An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls T e R I Subsidiary Or Newly If there i no other insurance available the following organizations will qualify as named insureds Acquired Or Formed Organizations a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. 505055 S 50055 Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 80132
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Limits Of Insurance continued Excess Coverage Other Aggregate Limit Umbrella Coverages Aggregate Limit Products Completed Operations Aggregate Limit Advertising Injury And Personal Injury Aggregate Limit Chubb Commercial Excess And Umbrella Insurance The aggregate limits apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations. provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as each aggregate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss included in the products completed operations hazard or rising out of advertisinginjury or personal injury. Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of loss for advertising injury and personal injury even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Limits Of Insurance continued Excess Coverage Other Aggregate Limit Each Occurrence Limit Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 90132
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When Excess Follow Form lerabg e A App lies. reduced by payment of judgments settlements or related costs or expenses if such costs or Drop Down expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Coverage A if the applicable underlying limits a Exclusions Excess Follow Form Coverage A Pollution With respect to Excess Follow Form Coverage A the following exclusions apply. This insurance does not apply to any liability or loss cost or expes arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completedoperations hazard bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment o s parts b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or c. resulting from your other ongoing contracting operations bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building bodily injury or property damage caused by heat smoke or fumes from a hostile fire or bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. site or location at or from any premi a. whichis or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 10 of 32
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Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution continued Pollution b. onwhich any insured or any contractor or subcontractor working directly or continued indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. D. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or sing the effects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Notwithstanding anything to the contrary set forth in any other provision of this contract this Exclusions insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the Umbrella Coverage B following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the ownership Without Crew maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is loaned or rented to you with a paid trained crew and not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 110132
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Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico Damage To Impaired Property Or Property Not Physically Injured Damage To Insureds Property Damage To Your Product This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. This insurance does not apply to property damage to impaired property or property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. This insurance does not apply to property damage to any property owned by you or of any insured that is in the care control or custody of any other insured. This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 12 of 32
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Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended Injury Expected Or Intended Injury Loss In Progress Watercraft Owned This insurance does not apply to bedily injury or property damage that This insurance does not apply to bodily injury or property damage arising out of an act that is intended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. s a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of 1. you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reportsall or any part of any such injury or damage to us or any other insurer 2. receivesa claim or a demand for damages because of any such injury or damage or 3. becomesaware that any such injury or damage has occurred or has begun to occur. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or that is not owned in whole or in part by any insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 13 of 32
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Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to advertisinginjury or personal injury arising out of breach of contract. This insurance does not apply to advertisinginjury or personal injury arising out of breach of contract. Continuing Offenses Continuing Offenses Crime Or Fraud Expected Or Intended Injury Failure To Conform To Representations Or Warranties This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A. this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertisinginjury and personal injury. This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. Prior Offenses This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 14 of 32
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Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With Knowledge Of Falsity insurance does not apply to advertisinginjury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of Prices This insurance does not apply to advertisinginjury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury Enhancement Maintenance Or Prevention Expenses With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage and Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury property damage advertisinginjury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. This insurance does not apply to any loss cost or expense incurred by you or others for any enhancement or maintenance of any property or prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 150132
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Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights Pollution Recall Of Products Work Or Impaired Property This insurance does not apply to any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual or alleged assertion or infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applies unless such injury is caused by an offense described in the definition of advertisinginjury and does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. A This insurance does not apply to bodily injury property damage advertisinginjury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way respondingto or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. This insurance does not apply to 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 your product your work or impaired property Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 16 of 32
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Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work Or Impaired Property continued if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Policy Exclusions Asbestos Policy Exclusions With respect to all coverages under this contract the following exclusions apply. Asbestos A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of ashestos or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way respondingto or assessing the effects of asbestos. Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage no fault law personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement This insurance does not apply to any liability or loss cost or expense or obligation of any insured Income Security Laws under the United States of America Employees Retirement Income Security Act ER.LS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices Employment Related A. This insurance does not apply to any liability or loss cost or expense in connection with any Practices damag stained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment relatedact o1 ion policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 170132
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Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3. coercion criticism humiliation prosecution o retaliation continued defamation or disparagement Employment Related Practices continued Nuclear Energy This exclusion applies breach of any express or implied covenant coercion criticism humiliation prosecution or retaliation defamation or disparagement demotion discipline evaluation or reassignment discrimination harassment or segregation N s W a. eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 11. other employment relatedact omission policy practice representation or relationship in connection with any insured at any time. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment relatedact omission policy practice or representation s directed as described in paragraph A. above as a consequence thereof. whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. This insurance does not apply to any liability or loss cost or expense 1. with respect to which any insured under this policy also has status as an insured under anuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as insured under any such policy but for its termination upon exhaustion of i insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. the insured s 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. s COst or expense arising out of the nuclear hazardous properties of nuclear material 1. if the nuclear materiak is at any nuclear facility owned by or operated by or on behalf of any insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32
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Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy continued b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear faci and any property thereat. Conditions Appeals Conditions Appeals Audit Of Books And Records Bankruptcy Cancellation Changes Compliance By Insureds With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata ba as soon as practicable. Any unearned premium will be returned This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 19 of 32
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Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy i ied are amended to conform to such statutes. Conformance Disclosures And Representations Duties In The Event Of Occurrence Offense Claim Or Suit insurance which are in conflict with the applicable statutes of the State in which ied are amended to conform to such statutes. Any terms of thi this policy is We have issued this insurance Based upon representations you made to us and in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. A. Youmust see to it that we and any insurers of underlying insurance are notified as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the names and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. B. Ifaclaimis made or suit is brought against any insured you must 1. immediately record the specifics of the claim or suit and the date received 2. notify us and any other insurers as soon as practicable and 3. see to it that we receive written notice of the claim or suit as soon as practicable. C. Youand any other involved insured must 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the investigation or settlement of the claim or b defense against the suit and st us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. D. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. E. Notice given by or on behalf of 1. the insured Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 20 01 32
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Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of Occurrence Offense Claim Or Suit continued Duties In The Event Of Occurrence Offense Claim Or Suit continued First Named Insured Inspections And Surveys Joint Duties In Non Admitted Jurisdictions 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. F. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. G. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. Ifaclaim or loss does not reasonably appear to involve either this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. make inspections and surveys at any time give you reports on the conditions we find and recommend changes. Any inspections surveys reports or recommendationsrelate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. With respect to an occurrence offense claim or suit to which this insurance applies that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. you and any other insured must Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 21 01 32
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