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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 nan nan nan nan 0.0 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 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 89E05.5E1580S050002007 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 B3E05.5E15805050002007 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 SB9E05.5E1580S050002007 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 989E05.5E15805050002007 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 83E05.5E1580050002007 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 889E05.5E1805050002007
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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 40020005050851357503589 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. 0BSE05L5E15805050002007 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. 1658055E1580505000200 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. 269E05.5E15805050002007 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. 69E05.5E15805050002007 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 YBSE05L5E1580S050002007 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. SB9E05.5E1580S050002007 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. 969E05.5E15805050002007 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. L6SE0S.SE1580S050002007 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 060114 060115 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 2726.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. 669E05.5E15805050002007 ISSUE DATE 041714
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009805.51580505000200 END OF COPY
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 012815 to 012816 Policy Number 530 53 0 5 16 Mmoo D DT T NAMED INSURED PRODUCER INNER RAIL RESOURCES INC LOCKTON COMPANIES LLC 121 LONGWOOD DR 1015 N 98TH ST STE 101 PAPILLION NE 68133 3381 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR Insured is CORPORATION CONSULTANT L I M I T S OF I N s U R A N C E Each Occurrence Limit Liability Coverage 3000000 Personal Advertising Injury Limit 3000000 Any one person or organization Aggregate Limit Liability Coverage 3000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU02080900 CU21230202 CU21300108 CU21360108 CU21860514 CU24231207 CUT001A0405 CU72720806 CU72760714 CU72930806 CU7404.11008 CUB3171213 CU83190714 IL7131A0401 IL8384A0108 Refer to prior distributions for any forms not attached Date of Issue 013015 BPP FORM CU7000A ED. 01 07 BPP 111714 003 AJ 5305305 1601 COMMERCIAL UMBRELLA D Policy Period From 012815 to 012816 121 LONGWOOD DR 1015 N 98TH ST STE 101 PAPILLION NE 68133 3381 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 serage 3000000 3000000 3000000 A 100 MIN Forms Applicable CU00010413 CU02080900 CU21360108 CU21860514 CU72720806 CU72760714 CUB3171213 CU83190714 Refer to prior distributions CU21230202 CU21300108 CU24231207 CU7001A0405 CU72930806 CU7404.11008 IL7131A0401 IL8384A0108 for any forms not attached
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J0 53 05 16 INNER RAIL RESOURCES INC EFF DATE 012815 EXP DATE 012816 COMMERCIAL UMBRETLTLA POLICY DECLARATIONS ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM Ccu0208 09 00 NE CHANGES CANCELLATION AND NONRENEW cuz2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM Cu2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CUu2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED cu7272 08 06 ASBESTOS EXCLUSION CU7276 07 14 COMMERCIAL UMBRELLA AMENDMENT OF COV Cu7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM Cu7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU8317 12 13 IMPORTANT NOTICE TO POLICYHOLDER CU8319 07 14 IMPORTANT NOTICE TO POLICYHOLDERS IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 013015 FORM IL7131A ED. 04 01 003 AJ 5305305 1601 EDITION IL8384A 09 00 02 02 01 08 01 08 05 14 12 07 04 05 08 06 07 14 08 06 10 08 12 13 07 14 04 01 01 08 NE CHANGES CANCELLATION AND NONRENEW NUCLEAR ENERGY LIAB EXCL BROAD FORM CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR EXCL ACCESS DISCL OF CONFID PERSONAL COVERAGE FOR PROFESSIONAL SERVICES SCHED OF PRIMARY INS AUTOMATED ASBESTOS EXCLUSION COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM IMPORTANT NOTICE TO POLICYHOLDER IMPORTANT NOTICE TO POLICYHOLDERS COMML POLICY ENDORSEMENT SCHEDULE TERRORISM NOTICE
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J0 53 05 16 INNER RAIL RESOURCES INC EFF DATE 012815 EXP DATE 012816 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 013015 FORM IL8384A 01 08 003 AJ 5305305 1601 INNER RAIL RESOURCES INC EFF DATE 012815 EXP DATE 0128 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 5J05305 16 INNER RAIL RESOURCES INC Eff Date 012815 Exp Date 012816 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 5E05305 Policy Period 012815 to 012816 Minimum Applicable Limits Each Accident 1000000 Commercial General Liability Company Employers Mutual Casualty Company Policy Number 5D05305 Policy Period 012815 to 012816 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employers Liability Company Employers Mutual Casualty Company Policy Number 5H05305 Policy Period 012815 to 012816 Minimum Applicable Limits Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease 500000 Each Accident 500000 Each Employee 500000 Policy Limit w o Date of Issue 013015 BPP FORM CU7001A ED. 04 05 BPP 111714 003 AJ 5305305 1601 INNER RAIL RESOURCES INC Eff Date 012815 Exp Date 0128 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 5E05305 Policy Period 012815 to 012816 Minimum Applicable Limits Each Accident 1000000 TETERE s EeE EEatEe s mem e Company Employers Mutual Casualty Company Policy Number 5D05305 Policy Period 012815 to 012816 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 B 500000 Each Accident 500000 Each Employee 500000 Policy Limit
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 5J0 53 05 16 INNER RAIL RESOURCES INC Transaction Renewal01 Prior Pol 5J0 53 05 TRANSACTION INFORMATION Policy Term 01282015 to 01282016 Trans Date 01282015 Account Name INNER RAIL RESOURCES INC CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method A Audit Frequency N Profit Share Y SIC 7389 Account Original Eff Date 01282014 Type of Policy Monoline 10 ACCOUNT FEIN 270254903 Trans Premium 1515.00 Policy ID BC Commission 15.0 Premium 1515.00 Date of Issue 013015 BPP STAT UM BPP 111714 003 AJ 5305305 1601 INNER RAIL RESOURCES INC TRANSACTION INFORMATION. Date 01282015 Agent A B8210 am ng Method A t Share Y Policy Term 01282015 to 01282016 Account Name INNER RAIL RESOURCES INC Account Mailing State NE Financing N Audit Frequency N SIC 7389 Account Original Eff Date 01282014 ACCOUNT FEIN 270254903 Policy ID BC Commission 15.0 Trans Date 01282015 CO BR Agent A B8210 Program Billing Metho Profit Share Y A Type of Policy Monoline 10 Trans Premium 1515.0 Premium 1515.0
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COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18
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e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413
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d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18
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This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413
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6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18
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This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413
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2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18
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14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413
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17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18
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d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413
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3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. 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. 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 b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18
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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 suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413
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2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 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. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18
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10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413
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SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18
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3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413
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15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes 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. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18
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b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413
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COMMERCIAL LIABILITY UMBRELLA CU 0208 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2.a. If this policy has been in effect for 60 days stating the reasons for cancellation at or less we may cancel this policy for any least reason. 1. 10 days before the effective date of b. If this policy has been in effect for more cancellation.f we cancel for nonpay than 60 days or if this is a renewal of a ment of premium or policy we issued we may cancel this pol 2. 60 days before the effective date of icy only for one or more of the following cancellation if we cancel for any other reasons reason. 1 Nonpayment of premium 3. We will mail our notice by first class mail to i i the first Named Insured s last mailing address 2 The policy was obtained through mate known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 6 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. B. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow C. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow ing WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. CU 0208 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a
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COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a
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Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a
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COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 21300108 ISO Properties Inc. 2007 Page 10of 1 m
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COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 2136 0108 ISO Properties Inc. 2007 Page 10of 1 m
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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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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. 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.2 Pollution This exception does not apply at or from any oil gas lease 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. 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 is an Insured is amended by adding the following Paragraph 1. b.1ai i 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 CUT2767 14 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. CUT2767 14 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 20122013 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. 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 summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Form applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Form applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. Il. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permit ting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damag es because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. 4. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previous ly added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy. Ccu831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5
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5. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 6. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional in sured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the owner ship maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee. 7. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. 1ISO MULTISTATE ENDORSEMENTS BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU0402 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Druggists Endorsement CU2220 is revised to introduce an exception with respect to the administering of vaccinations. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Exclusion Cross Suits Liability Endorsement CU2126 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy. Amendment Of Personal And Advertising Injury Definition Endorsement CU2413 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU2108 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU2126. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2115 Exclusion Financial Services CU2175 Exclusion Insurance And Related Operations CU2218 Optical And Hearing Aid Establishments Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 2 of 5
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CU2220 Druggists CU2263 Druggists Broadened Coverage CU2284 Exclusion Testing Or Consulting Errors And Omissions CU2285 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU2286 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain profes sional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2141 Exclusion Counseling Services CU2149 Exclusion Professional Veterinarian Services CU2159 Exclusion Diagnostic Testing Laboratories CU2268 Exclusion Professional Services Blood Banks CU2283 Professional Liability Exclusion Computer Software CU2293 Professional Liability Exclusion Computer Data Processing CU2294 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU2209 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU2429 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU2430 and Limited Contractual Liability Railroads Endorsement CU2431 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. 7. Underlying Claims made Coverage Endorsement CU2700 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU2710 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU0403. EMC MULTISTATE ENDORSEMENTS OTHER CHANGES 1. Commercial Amendment of Coverage Endorsements CU7276 and CU7276.1 have been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within these endorsements as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph N. new Paragraph D. is the same as former Paragraph ew Paragraph F. is the same as former Paragraph P. new Paragraph H. is the same as former Paragraph J. new Paragraph I. is the same as former Paragraph L. and new Paragraph J. is the same as former Paragraph M. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. CU831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5 Page 30f 5
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We have removed the Professional Services Exclusions formerly Paragraphs G. and 1. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. 2. Commercial Amendment of Coverage Endorsement CU7276.3 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph B. is the same as former Paragraph M. new Paragraph C. is the same as former Paragraph N. new Paragraph E. is the same as former Paragraph O. new Paragraph G. is the same as former Paragraph I. new Paragraph H. is the same as former Paragraph K. new Paragraph. is the same as former Paragraph L. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph E.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs F. and H. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph G. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. EMC STATE SPECIFIC ENDORSEMENTS OTHER CHANGES Commercial Umbrella Amendment of Coverage Wisconsin Schools CG7276.4 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph I. new Paragraph D. is the same as former Paragraph O. new Paragraph E. is the same as former Paragraph P. new Paragraph G. is the same as former Paragraph Q. new Paragraph H. is the same as former Paragraph L. new Paragraph I. is the same as former Paragraph K. new Paragraph J. is the same as former Paragraph M. and new Paragraph K. is the same as former Paragraph N. Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 4 of 5
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We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs G. and J. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. Includes copyrighted material of ISO Properties Inc. with its permission. Ccu831712 13 Page 50f 5
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COMMERCIAL LIABILITY UMBRELLA ADVISORY NOTICE TO POLICYHOLDERS This Notice summarizes coverage changes that may affect your Commercial Liability Umbrella Coverage. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. 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 summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. Broadening of Coverage CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement Paragraph A.1.a. in Section Bodily Injury And Property Damage Liability has been added to track with the applicable portion of the corresponding Care Custody Or Control Exclusion in the underlying Garage Coverage Form. Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Section Il Who Is An Insured has been revised to expressly provide that employees are insureds while using a covered auto you do not own hire or borrow in your business or personal affairs. Paragraph A.1. in Section Ill Definitions has been revised to eliminate reference to electronic data. CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Reduction of Coverage CU 0402 05 14 Electronic Data Liability Endorsement For Use With The Commercial Liability Umbrella Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CUB3197 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 Page 10f3
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CU 2186 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2187 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2188 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial Liability Umbrella Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement In Paragraph A.2. new exclusions were added that apply to Bodily Injury Property Damage Personal and Advertising Injury Liability. These exclusions include Liability of others assumed by you under any contract or agreement for goods or products sold handled or distributed by you. 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. The ownership maintenance use including loading or unloading operation or entrustment to another of any leased auto with exceptions. When an exception to the Leased Autos exclusion applies we have clarified that the coverage does not apply to liability of any person or organization to whom an auto has been leased. Also a definition for Leased Autos has been added to Paragraph B. in Section Ill Definitions. Note For those policies that had CU7274 Auto Truck Motorcycle Dealers Endorsement the coverages andor exclusions provided under CU7274 Auto Truck Motorcycle Dealers Endorsement are being incorporated into CU7426 Dealers Endorsement since CU7274 Auto Truck Motorcycle Dealers Endorsement is being withdrawn. CUB3197 14 Page 20f 3 Includes copyrighted material of ISO Properties Inc. with its permission.
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In the revised CU 7426 Dealers Endorsement we have clarified that the exclusion of liability of others assumed by you under contract or agreement for goods or products sold handled or distributed by you apply to Bodily Injury Property Damage and Personal and Advertising Injury Liability. We also added a definition for Leased Autos that conforms to the definition provided in the underlying auto endorsement. These clarifications could be deemed as a reduction in coverage depending on coverage interpretation. Other Change CU7276 07 14 Commercial Umbrella Amendment of Coverage CU7276.1 07 14 Louisiana Commercial Umbrella Amendment of Coverage CU7276.3 07 14 Vermont Commercial Umbrella Amendment of Coverage CU7276.4 07 14 Commercial Umbrella Amendment of Coverage Wisconsin Schools Your underlying commercial auto policy is being revised including revised definitions for mobile equipment and auto. As a result we are deleting references to the prior definitions within our endorsement. We are also deleting our amendment to Section Il Who Is An Insured in this endorsement as with these changes mobile equipment registered under any motor vehicle insurance law will now be considered an auto. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Your underlying Garage Coverage Form has been revised to reflect that only auto and trailer dealer risks are eligible to be written under this form. For consistency with the changes to your underlying policy this endorsement has been revised to remove the parking or storing references since auto dealers are not in the business of parking or storing autos. This endorsement has been revised to remove reference to if your business is shown in the Declarations as an auto dealership. Lastly the endorsement has been renamed from Garage to Dealers Endorsement because of the applicable policies to which it should be attached and because coverages within former endorsement CU7274 Auto Truck Motorcycle Dealers Endorsement are being integrated. CU7426.4 Wisconsin Dealers Endorsement Paragraph B.2.b4 is being revised in response to 2011 Wisconsin Act 14 former A.B.4 to reflect the new minimum liability limits as a result of the changes under Sections 3 and through 10 of the law. In addition statutory reference to WIS. STAT. Section 344.01 2am are replaced with WIS STAT. ch.344 in which the minimum liability limits are contained. CU83197 14 Page 30f 3 Includes copyrighted material of ISO Properties Inc. with its permission.
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AUXANO HOLDINGS LLC 8700 MONROVIA ST. STE 310 LENEXA KS 66215 CNI90 04 0112 Insured
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LOCKTON COMPANIES LLC ATTN REBECCA ROSE 444 W 47 ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer
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e Libe.f. Mutllltl INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 Z91 467042 080 Renewal of TH7 Z91 467042 089 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address AUXANO HOLDINGS LLC 8700 MONROVIA ST. STE 310 LENEXA KS 66215 The Named Insured is Limited Liability Company Item 2. Policy Period 1072020 to 1072021 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 15000000 General Aggregate Limit 15000000 Products Completed Operations Aggregate Limit 15000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 69969 0 69969 Certified Acts of Terrorism Coverage Total Advance Premium 0 Minimum Retained Premium Issued Code Number Account Number Sub Account Number 10302020 JLS 99935 9 467042 0000 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2
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Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability Liberty Insurance Corporation IWC7 Z91 467042 070 1072020 to 1072021 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability The First Liberty Insurance ICorporation IAS6 291 467042 050 1072020 to 1072021 1000000 CSL General Liability Liberty Insurance Corporation TB7 291 467042 060 1072019 to 1072020 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Employee Benefits Liability Liberty Insurance Corporation TB7 291 467042 060 1072020 to 1072021 1000000 Each Employee 2000000 Aggregate Ops 72019 to 1072020 In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Authorized Company Representative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2
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Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Auxano Holdings LLC BFCB Acquisition LLC Boyle s Famous Corned Beef LLC Hausman Foods LLC HFA Acquisition LLC National Steak Processors LLC LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
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SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 000201 18 Commercial Liability Umbrella Declarations LCU 990501 18 Declarations Extension Named Insured LCU 00010118 Commercial Liability Umbrella Coverage Form LCU 026901 18 Kansas Changes Cancellation And Nonrenewal LCU 02750118 Earlier Notice of Cancellation Provided By Us LCU 04110118 Crisis Management Coverage LCU 21010118 Communicable Disease Exclusion LCU 21190118 Silica or Silica Related Dust Exclusion LCU 21470118 Damage First Occurring Prior To Policy Period Exclusion LCU 21700118 Professional Liability Exclusion Including But Not Limited To Specified Operations LCU 217906 18 Unlawful Discrimination Exclusion LCU 21800118 Radioactive Matter Exclusion LCU 21850118 Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception LCU 2409 09 19 Foreign Liability Limitation LCU 250901 18 Non Cumulation Of Liability Same Occurrence LCU 26010118 Total Pollution Exclusion LCU 29100118 Insured Contract Definition Amendment Extent Permitted By Law LCU 600501 18 Certified Acts of Terrorism Exclusion LCU 990801 18 Knowledge Of Occurrence LCU 9916 01 18 Notice Of Cancellation To Third Parties SNI 04 0101 20 Liberty Mutual Group California Privacy Notice SNI 90 02 01 20 Policyholder Disclosure TRIA LIL90 0506 13 Participating Provision Page1of1 For attachment to TH7 291 467042 080
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COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear refer to SECTION VIl DEFINITIONS. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 26
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If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. 2. 4. The first named insured is an insured. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and adverti ng injury LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 26
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a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 26
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b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 4 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 26
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a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. Inthe event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 26
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The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. 2. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. 3. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. 4. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 6 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 26
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These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading 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. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 26
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2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 5. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 6. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. 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 f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 7. Damage to Your Product Property damage to your product arising out of it or any part of it. 8. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 26
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9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. If the applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. An employee 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 or b. The spouse child parent brother or sister of that employee as a consequence of 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 the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 9 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 26
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13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 26
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b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 26
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d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 26
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e. h. 18. Personal and Adverti Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. ing Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Arising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 26
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h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement i. Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting j Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 26
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20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 26
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22 23. 24. d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any 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. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 26
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f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 3. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. 4. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. 5. Changes This policy may be amended only by a written endorsement to this policy issued by us. 6. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Page 17 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 26
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b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 8. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 18 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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