text
stringlengths
2
7.24k
labels
int64
0
2
10. 1. 12. 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You 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. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned 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. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 26
1
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 20 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 26
1
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII 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 websites only that part of a website 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 semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. 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. 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 by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 26
1
b. Your fuffilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. 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. LCU 00010118 2017 Liberty Mutual Insurance Page 22 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 26
1
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or 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. 15. 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 and 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 such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 23 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 26
1
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence b. Personal and advertising Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. 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. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. 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. 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. 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. LCU 00010118 2017 Liberty Mutual Insurance Page 24 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 26
1
b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard 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 created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 22. Property damage means 23. 24. 25. 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 Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of The total applicable limits of the underlying insurance plus any other insurance available to the insured or The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. 26. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 27. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. 28. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 25 of 26
1
29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 26
1
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following 4. Cancellation and Nonrenewal The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium This policy was issued because of material misrepresentation 3 You violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the inception of the policy 5 A determination by the Insurance Commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the Insurance Commissioner that we no longer have adequate reinsurance to meet our needs. We will mail or deliver our notice to the first named insured s last mailing address known to us. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. 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. 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. LCU 02690118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2
2
If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured s last mailing address known to us at least 60 days prior to the expiration of the policy. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due will mean that you have not accepted our offer. If we fail to mail proper notice and you obtain other insurance this policy will end on the effective date of that insurance. If cancellation or nonrenewal notice is mailed proof of mailing will be sufficient proof of notice. If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the policy is cancelled we will notify the Director of Vehicles 30 days before the effective date of the cancellation. LCU 02690118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 90 days except 10 days for non payment of premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4
2
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4
2
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4
2
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. 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 that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU21190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION INCLUDING BUT NOT LIMITED TO SPECIFIED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Professional Liability Any liability arising out of the rendering of or failure to render any professional service. This includes but is not limited to b. m. n. Legal accounting and their related services Preparing approving or failing to prepare or approve plans maps drawings opinions reports surveys field orders change orders designs or specifications Architectural engineering surveying or construction management services including related supervisory or inspection services Real estate stock insurance or financial advisor services including services as an agent or broker Medical surgical dental x ray nursing physical therapy or first aid services treatment advice or instruction Any health neutraceutical diet or therapeutic service treatment advice or instruction Skin enhancement hair removal or replacement body piercing tattoo application or removal tanning or any form of personal grooming and appearance service treatment advice or instruction Any service treatment advice or instruction relating to physical fitness including services in connection with massage cardio vascular fitness body building or physical training programs Optometry optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Services in the practice of pharmacy Law enforcement or firefighting services including inspection services Funeral director services including handling embalming disposal burial cremation or disinterment of dead bodies or remains Veterinary and animal grooming services or Consultation or services in the practice of teaching in an educational institution. 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. LCU21700118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Unlawful Discrimination Any liability arising out of unlawful discrimination. LCU 21790618 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Radioactive Matter Any liability arising out of or allegedly arising out of exposure to or the presence of radiation andor radioactive matter whether such pollutants are alone or combined with any other substances or factors whether included in a product or otherwise. This exclusion applies regardless of whether such exposure occurs within or outside a building. As used in this exclusion the definition of pollutants includes but is not limited to radiation andor radioactive matter. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X rays photons nucleons including protons and neutrons and electrons. This exclusion applies whether or not such pollutants have any function in your business operations premises site or location. LCU 21800118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. 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 a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. 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. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Ill LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising Injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 7. of SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following 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 shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily Injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 25090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 19. of SECTION V EXCLUSIONS is deleted and replaced by the following 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. b. 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. LCU 26010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any duty to report an occurrence claim or suit under this policy knowledge of an occurrence claim or suit by your agent servant or employee will not in itself constitute knowledge by you unless your executive officer or the employee or other third party designated by you to notify us of an occurrence claim or suit has knowledge of the occurrence claim or suit. LCU 99080118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Email Address or Mailing Address Number of Days Notice Organizations As per Liberty Mutual s Primary GL Policy. 30 days where required As per Liberty Mutual s Primary by contact. GL Policy. Number of Days Notice A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1
2
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. For you. For example you provide us with data example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04 010120 2019 Liberty Mutual Insurance Page 1 of 6
2
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your propert other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose Data Categories Market sell and provide insurance. This includes Identifiers for example Personal Information calculating your premium Protected Classification Characteristics determining your eligibility for a quote Commercial Information confirming your identity and service your Internet or other similar network activity policy Professional or employment related information Inferences drawn from other personal information Risk data Claims data Manage your claim. This includes for example dentifiers managing your claim if any Personal Information conducting claims investigations Protected Classification Characteristics conducting medical examinations Commercial Information conducting inspections appraisals Internet or other similar network activity providing roadside assistance Professional or employment related information providing rental car replacement or repairs Inferences drawn from other personal information Risk data Claims data Day to Day Business and Insurance Operations. dentifiers This includes for example Personal Information creating maintaining customizing and Protected Classification Characteristics securing accounts Commercial Information supporting day to day business and Internet or other similar network activity insurance related functions Professional or employment related information doing internal research for technology Inferences drawn from other personal information development Risk data marketing and creating products and Claims data services conducting audits related to a current contact with a consumer and other transactions SNI104 010120 2019 Liberty Mutual Insurance Page 2 of 6 Characteristics network activity calculating your premium determining your eligibility for a quote confirming your identity and service your policy Characteristics network activity Characteristics network activity Claims data
2
as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for dentifiers example Personal Information detecting security issues Protected Classification Characteristics protecting against fraud or illegal activity and Commercial Information to comply with regulatory and law Internet or other similar network activity enforcement authorities Professional or employment related information managing risk and securing our systems Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement or repairs Claims data help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example Personal Information controls and access rights management Protected Classification Characteristics to evaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or Internet or other similar network activity other sale or transfer of some or all of Professional or employment related information Liberty s assets whether as a going concern Inferences drawn from other personal information or as part of bankruptcy liquidation or similar Risk data proceeding in which personal data held by Claims data Liberty is among the assets transferred exercising and defending our legal rights and positions to meet Liberty contract obligations torespond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Improve Your Customer Experience and Our dentifiers Products. This includes for example Personal Information improve your customer experience our Commercial Information products and service Internet or other similar network activity to provide support personalize and develop Professional or employment related information our website products and services Inferences drawn from other personal information create and offer new products and services Risk data Claims data Analytics to identify understand and manage our Identifiers risks and products. This includes for example Personal Information conducting analytics to better identify Protected Classification Characteristics understand and manage risk and our Commercial Information products Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Customer service and technical support. This dentifiers includes for example Personal Information answer questions and provide notifications Commercial Information provide customer and technical support Internet or other similar network activity Professional or employment related information SNI104 010120 2019 Liberty Mutual Insurance Page 3 of 6 Characteristics network activity Claims data Characteristics network activity Claims data network activity Characteristics network activity. conducing analytics to better idenif understand and manage risk and our products network activity
2
Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates e Service Providers Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Insurers re insurers policy holders and claimants and e As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data was is collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and the categories of personal data about you that we disclosed for a business purpose. Personal Data Commercial Information Claims Data Risk Data SNI104 010120 2019 Liberty Mutual Insurance Page 4 of 6
2
You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. If more time is needed Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs or their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your rights will not cause Liberty Mutual to Deny you goods or services Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties Provide you a different level or quality of goods or services or e Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. SNI104 010120 2019 Liberty Mutual Insurance Page 5 of 6
2
Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 SNI104 010120 2019 Liberty Mutual Insurance Page 6 of 6
2
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1
2
Policy Number TH7 Z91 467042 080 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE SECRETARY LIL 90 0506 13 2013 Liberty Mutual Insurance. All rights reserved. Page 10of 1
2
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER C 4030597924 COVERAGE PROVIDED BY FROM PO CONTINENTAL CASUALTY COMPANY 0501201 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 7400 COLLEGE BLVD OVERLAND PARK KS 66210 Phone Number 913661 2700 FROM POLICY PERIOD TO 05012013 05012014 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. address on the dates shown above. The Named Insured is a Limited Liability Corporation standard time at your mailing Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Advance Premium FTat Chazge 532 Minimum Premium 32668 Annual Total Advance Premium 32668.00 Audit Period is Not Auditable INSURED Page
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 POLICY LIMITS OF INSURANCE Each Incident 25000000 Aggregate 25000000 RETAINED LIMIT Retained Limit 10000 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance General Each Occurrence Limit 51000000 National Fire Ins Co Hartford Liability Foreign GL General Aggregate Limit 2 000000 Does nt apply per location TBD Does nt apply per project Eff 05012013 to 05012014 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1 000000 Injury Liability Limit National Fire Ins Co. Hartford General Each Occurrence Limit 51000000 Liability General Aggregate Limit 2 000000 Applies per location 4022250200 Does nt apply per project Eff 05012013 to 05012014 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1 000000 Injury Liability Limit American Casualty Co. Reading Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1 000000 4022250116 Eff 05012013 to 05012014 Bodily Injury Liability Each Person Limit Each Accident Limit Property Damage Liability Each Accident Limit ww Aggregate 25000000 nan nan nan nan 22250200.0 nan nan nan nan 22250116.0 Page INSURED
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer tbd Eff 05012013 to 05012014 ion Liabil Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance Automobile Combined Bodily Injury and Continential Casualty Company Liability Property Damage Liability Foreign Auto Each Accident Limit 1 000000 TBD Bodily Injury Liability Each Person Limit Eff 05012013 to 05012014 Each Accident Limit Property Damage Liability Each Accident Limit Continental Casualty Company Employers Bodily Injury By Accident Liability Each Accident Limit 1 000000 Bodily Injury By Disease 4022250066 Each Employee Limit 1000000 Policy Limit 1 000000 Eff 05012013 to 05012014 Employers Bodily Injury By Accident Continential Casualty Company Liability Each Accident Limit 1000000 foreign Bodily Injury By Disease TBD Each Employee Limit 1000000 Policy Limit 1 000000 Eff 05012013 to 05012014 National Fire Ins Co. Hartford STOP GAP BI ACCIDENT EACH ACCIDENT 1000000 BI DISEASE AGGREGATE LIMIT 1000000 BI DISEASE EACH EMPLOYEE 1000000 4022250200 Eff 05012013 to 05012014 Employee Each Employee 1000000 National Fire Insurance of Benefits A Aggregate Limit 1000000 Hartford dministrat nan nan nan nan 22250066.0 Disease Limit Disease Limit I DISEASE AGGREGATE LIMIT I DISEASE EACH EMPLOYEE nan nan nan nan 22250200.0 nal Fire Insurance of ord ggregate Limit Page INSURED
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 ADDITIONAL NAMED INSUREDS SCHEDULE PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX BRANDS LLC BRANDS CANADA LAUNDRY LLC NORTH LLC 1 BRANDS DYNAMO LLC RIT LLC BRANDS FAB LLC BRANDS PUERTO RICO LLC BRANDS AJAX LLC FINAL TOUCH LLC NIAGARA LLC BRANDS COLD POWER LLC BRANDS CANADA ULC BRANDS FRESH START LLC INSURED Page
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 FORMS AND ENDORSEMENTS SCHEDULE Form Number G56015B G56015B G133136B G140428A G147158A G15057C G16377C G18132B G300351A G300548A G300647A G300809A G300835A G300982A G301134A IL0017 IL0140 IL0260 111991 111991 072005 102001 032004 062005 022007 072005 092011 122007 052008 112009 092011 072010 102010 111998 112005 022010 Form Title BROAD KNOWLEDGE OF OCCURRENCE ENDORSEMENT UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Bridge Endorsement Changes Notice of Cancellation Exclusion Respirable Dust Commercial Umbrella Plus Coverage Part TOTAL POLLUTION EXCLUSION ENDORSEMENT Employee Benefits Liability Limitation Endorsement Unintentional Failure to Disclose Hazards Endt Total Lead Exclusion Endorsement Amend of Insuring Agrmnt Known or Cont. Inj Dmg Policy Territory Limitation Foreign Liability Broad Knowledge of Occurrence Endorsement Crisis Management Coverage Endorsement Key Employee Replacement Expense Coverage Endt Common Policy Conditions Connecticut Changes Civil Union Connecticut Changes Cancellation and Nonrenewal PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G1l44246F 122007 Notice Offer Reject Terrorism Premium Disclosure Yoowad MeZarnl Chairman of the Board P43770 B Ed. 1089 Countersignature Mum INSURED Page
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 POLICY CHANGES BROAD KNOWLEDGE OF OCCURRENCE ENDORSEMENT This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following is added to SECTION IV CONDITIONS of this policy You must give us or our authorized representative notice of an occurrence offense claim or suit only when the occurrence offense claim or suit is know to 1 You if you are an individual 2 A partner if you are a partnership or joint venture 3 An executive officer or the employee designated by you to give such notice if you are a corporation or 4 A manager if you are a limited liability company. All other terms conditions and exclusions of this policy remain unchanged. Yoowad MeZarnl Chairman of the Board G56015 B ED. 1191
2
POLICY NUMBER C 4030597924 INSURED NAME AND ADDRESS PHOENIX BRANDS LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 POLICY CHANGES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY Based on our reliance on your representations as to existing hazards if unintentionally you should fail to disclose all such hazards at theinception date of your policy we will not deny coverage under this Coverage part because of such failure. All other terms conditions and exclusions of this policy remain unchanged. COMMERCIAL U All other terms conditions unchanged. Yoowad MeZarnl Chairman of the Board G56015 B ED. 1191
2
G300809 A Ed. 1109 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY TERRITORY LIMITATION FOREIGN LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Paragraph 1 a 1. Insuring Agreement of Section COVERAGES is deleted and replaced by the following 1 The bodily injury or property damage is caused by an incident anywhere in the world except any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America however this policy does not apply to bodily injury or property damage that is caused by an incident outside the United States of America unless and then only to the extent that coverage is provided by scheduled underlying insurance Paragraph 1 d. Insuring Agreement of Section COVERAGES is deleted and replaced by the following d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world except any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America during the policy period. However this policy does not apply to personal and advertising injury that is caused by an incident outside the United States of America unless and then only to the extent that coverage is provided by scheduled underlying insurance 02L9VZ6630807 20002004 G300809 A Ed. 1109 Page 1 of 1
2
G133136 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BRIDGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Any state amendatory endorsement which is listed in the Commercial Umbrella Plus Coverage Part Declarations will modify the Commercial Umbrella Plus Coverage Part even if the endorsement does not state that it will modify the Commercial Umbrella Coverage Part. For the purposes of this endorsement a state amendatory endorsement means any Insurance Services Office ISO state cancellation nonrenewal or amendatory endorsement which begins with an IL or CG prefix. When a state amendatory endorsement is attached to the Commercial Umbrella Plus Coverage Part the term claim as used in the state amendatory endorsement shall mean ultimate net loss as defined in the Commercial Umbrella Plus Coverage Part. 1219V26L630807720002004 G133136 B Ed. 0705 Page 1 of 1
2
G140428 A Ed. 1001 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART In the event of cancellation of this coverage we agree to mail prior written notice of cancellation to SCHEDULE 1. Name United Natural Foods Inc Insurance Compliance 2. Address PO Box 12010 UN Hemet CA 9222546 8010 3. Number of days advance notice 30 10 Day for Non Payment G140428 A Ed. 1001 Page 1 of 1
2
G147158 A Ed. 0304 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION RESPIRABLE DUST This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to a. bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of respirable dust or b. personal and advertising injury or property damage arising in whole or in part out of the actual alleged or respirable dust. threatened presence of As used in this endorsement respirable dust means respirable particulate matter but does not include living organisms. All other terms conditions and exclusions of this policy remain unchanged. ZRL9VZ6LESOE0 V2000200 G147158 A Ed. 0304 Page 1 of 1
2
G15057 C Ed. 0605 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured identified under SECTION Il WHO IS AN INSURED of this policy. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured those sums in excess of scheduled underlying insurance unscheduled underlying insurance or the retained limit that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage or personal 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 anywhere in the world 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 policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and ii 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 1 a.3 only if bodily injury or property damage that occurs during this policy period does not continue change or resume after the G15057 C Ed. 0605 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 any continuation change or resumption of that bodily injury or property damage after the end of the policy period. c. 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. d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world during the policy period. If we are prevented by law statute or otherwise from paying on behalf of the insured then we will indemnify the insured for those sums that the insured is legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. 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. This exclusion does not apply to Employers Liability claims for bodily injury covered by scheduled underlying insurance. b. Contractual Liability Bodily inj property damage or personal and advertising injury for which the insured is obligated to pay damages by reason of the Page 1 of 17
0
G15057 C Ed. 0605 assumption of liability in a contract or agreement. This exclusion does not apply to liability for ultimate net loss That the insured would have in the absence of the contract or agreement or Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Personal and advertising injury Exclusions Personal and advertising injury G 6 9 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 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising 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 Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider However this exclusion does not apply to paragraphs 10. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS 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. 10 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or 11 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. d. Workers Compensation and Similar Laws Any obligation of the insured under a 1 Workers compensation 2 Disability benefits or 3 Unemployment compensation law or any similar law. e. Employers 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 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1 To liability assumed by the insured under an insured contract or 2 Only to the extent that coverage is provided by scheduled underlying insurance. 2L9VZ6L6S080 2000200 G15057 C Ed. 0605 Page 2 of 17
1
G15057 C Ed. 0605 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b c e U g which is or was at any time owned or occupied by or rented or loaned to any insured 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 Which are or were at any time transported 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 indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection 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. 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 Otherwise in the course of transit iiiBeing stored disposed of treated or processed in or upon the covered automobile 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 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 di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for 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. Subparagraph eiii 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 mechanical functioning of the covered automobile 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 dispose 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 damaged 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. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Page 3 of 17 G15057 C Ed. 0605
1
G15057 C Ed. 0605 3 Any loss cost or expense arising out of any a Request demand or order 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. g. Watercraft Bodily injury or property damage arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or 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 incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any 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 Awatercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge or 3 Liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. Aircraft The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft 1 Owned by an insured or 2 Chartered without crew by an insured or on an insured s behalf. G15057 C Ed. 0605 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 incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. War Any liability arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property 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 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 s 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 occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. V2L9VZ6L6S080 2000200 Page 4 of 17
1
G15057 C Ed. 0605 Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to your Product Property damage to your product arising out of it or any part of it. I. Damage to you 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. m. 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. n. 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. o. E.RIS.A. Liability for alleged or actual violations of the Employees Retirement Income Security Act of 1974 or any amendments or additions thereto. p. Directors and Officers 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. G15057 C Ed. 0605 Uninsured Underinsured Motorist and Similar Laws Liability imposed on the insured under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. 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. Nonemployment Related Discrimination To any alleged or actual nonemployment related discrimination committed intentionally against a person. Asbestos 1 Bodily Injury property damage or personal and 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 direction or request to test for monitor clean up remove contain or dispose of asbestos. Fungi and Microbes 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or microbes or 2 Any loss cost or expense arising out of the 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 microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Silica 1 Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or Page 5 of 17
1
G15057 C Ed. 0605 aa. 2 Personal and advertising injury or property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Named Insured vs. Named Insured Any liability arising out of claims or suits by a named insured against another named insured. Employment Related Practices Any liability arising out of 1 Arefusal to employ 2 Termination of employment 3 Demotion evaluation reassignment discipline 4 Coercion defamation discrimination harassment or humiliation or any other employment related practices policies acts or omissions. Terrorism Limitation Bodily injury or property damage arising out of any act of terrorism unless and then only to the extent that coverage is provided by scheduled underlying insurance. Liquor Liability Limitation Bodily injury or property damage for which an 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 unless and then only to the extent that coverage is provided by scheduled underlying insurance. Auto and Mobile Equipment Limitation Any liability arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of an automobile or mobile equipment owned or operated by or rented or loaned to an insured unless and then only to the extent that coverage is provided by scheduled underlying insurance. bb. To the extent that this insurance applies to an automobile or mobile equipment it is further subject to the pollution exclusion exclusion f. of this policy. Use includes operation or loading or unloading. Do Not Call Any liability 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 or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. SECTION Il WHO IS AN INSURED Named Insured means any individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as a. An individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations of this policy as an individual this policy shall not apply to liability arising out of your domestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile or to the Personal Umbrella Liability Coverage Part. A partnership or joint venture you and your members your partners and their spouses but only with respect to the conduct of your business. 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. An organization other than a partnership or joint venture you and your executive officers and directors but only with respect to their duties as your officers or directors. Your stockholders are also named insureds but only with respect to their liability as stockholders. A limited liability company you and your members but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. S2L9VZ6 630802000200 G15057 C Ed. 0605 Page 6 of 17
1
G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members 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 or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or 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. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed 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 insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. 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 bringing suits. G15057 C Ed. 0605 Page 7 of 17
1
G15057 C Ed. 0605 H d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions 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 insurance shown in the Declarations. 5. 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 extended after issuance for an additional period of less G15057 C Ed. 0605 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. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident 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 obtained with respect to time place and circumstances 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 You shall provide us with written notice as soon as practicable 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 c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 92L9VZ6L630807 2000200 Page 8 of 17
1
G15057 C Ed. 0605 Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 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 This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance 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 the first Named Insured shown in the Declarations. 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 subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. 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. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance 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 insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate 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. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance 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 however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as Page 9 of 17
1
G15057 C Ed. 0605 H 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers 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 appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages 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 interests. 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 c. 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 including you in the ratio of their respective recoveries as finally settled. 13. 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 settlement 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 insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized 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 under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions 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 a. 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 b. 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 c. 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 d. 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 e. 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 policy 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 policy 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. 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 Page 10 of 17 J Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17
1
G15057 C Ed. 0605 a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile 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 in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons 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 inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations 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 pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person 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 surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b c Opinions d Reports e Surveys Drawings f Change orders g Designs or h 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 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 engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. 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 automobile b. While it is in or on an aircraft watercraft or automobile or c. 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 movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. Page 11 of 17
1
G15057 C Ed. 0605 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 that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 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.. 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 Vehicles not described in 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 type of permanently attached equipment are not mobile equipment but will be considered automobiles 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 automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles 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 and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the 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 Discrimination unless such insurance is prohibited by law 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 Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring 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. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 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 Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. 82L9VZ6L6S0807 2000200 Page 12 of 17
1
G15057 C Ed. 0605 3 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 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 injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. 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 shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 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 connection 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 as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance 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 written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17
1
G15057 C Ed. 0605 H b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured Pre judgment interest Office costs and expenses and salaries and expenses of the employees of an insured 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 bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 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. 24. 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. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. 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. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 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 defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or 62L9VZ6L630807 2000200
1
G15057 C Ed. 0605 of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured 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 3 General retainer fees of counsel retained by the insured. 2. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injury otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. 3. We will investigate and defend an insured or reimburse 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 deposit in court that part of judgments not exceeding our limit of insurance. 4. We shall also have the sole right to make settiement of a suit as we deem expedient. 5. 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. 6. 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 insurance stated in the Declarations. 7. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. 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 insurance 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 insurance 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 liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy Page 15 0of 17
1
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability 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 or amendment 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. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage 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 therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. Use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 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 by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product 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 any person or organization of a nuclear facility included within paragraphs 1. and 2. 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 waste processing or packaging 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 is located 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 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. Page 16 of 17 0EL9VZ6.650807 2000200 Page 16 of 17
1
G15057 C Ed. 0605 G. 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 fissionable material. H. Property damage includes all forms of radioactive contamination of property. G15057 C Ed. 0605 Page 17 of 17
1
G16377 C Ed. 0207 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SECTION I. COVERAGES 2. Exclusions f. is replaced by the following f. 1 Bodily injury personal and advertising injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a Request demand or order that any ins b others test for monitor clean up r contain treat detoxify or neutralize or way respond to or assess the eff pollutants or Claim or suit by or on behalf governmental authority for damages b of testing for monitoring cleanir containing treating detoxifying neutralizing or in any way responding mecnccinm tha affante Af mallitante a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutant Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 119V26.630807 2000200 G16377 C Ed. 0207 Page 1 of 1
2
G18132 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following coverage is added to SECTION COVERAGES 1. INSURING AGREEMENT We will pay on behalf of the insured ultimate net loss in excess of scheduled underlying insurance that the insured becomes legally obligated to pay because of a wrongful act as covered in the scheduled underlying insurance by Employee Benefits Liability coverage to which this insurance applies. This insurance applies only if a. And to the extent that Employee Benefits Liability coverage is covered by scheduled underlying insurance b. The wrongful act is committed during this policy period. For the purposes of this endorsement wrongful act means a negligent act error or omission committed in the administration of your employee benefits program. Employee benefit program means the same as it does in the scheduled underlying insurance. G18132 B Ed. 0705 Page 1 of 1
2
G300351A Ed. 09 11 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Based on our reliance on your representations as to existing hazards if unintentionally you should fail to disclose all such hazards at the inception date of your policy we will not deny coverage under this Coverage Part because of such failure. All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. 2EL9VZ6L63080 2000200 G300351A Ed. 09 11 Policy No Page 1 of 1 Endorsement No Effective Date Insured Named Copyright. CNA All Rights Reserved. Copyright GNA Al Rights Reserved.
2
G300548 A Ed. 1207 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to 1 Any liability arising out of or caused by lead paint containing lead or any other material or substance containing lead 2 Any legal obligation of any insured for indemnification or contribution due to damages arising out of any liability caused by lead paint containing lead or any other substance or material containing lead 3 Any loss cost expense or damages arising out of any a request demand or order that any insured or others test for monitor clean up remove abate contain treat or neutralize lead paint containing lead or any other substance or material containing lead or in any way respond to or assess the effects of lead or b claim or suit relating to testing for monitoring cleaning up removing abating containing treating or neutralizing lead paint containing lead or any substance or material containing lead or in any way responding to or assessing the effects of lead. All other terms and conditions of your policy remain the same. G300548 A Ed. 1207 Page 1 of 1
2
G300647 A Ed. 0508 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 those sums in excess of scheduled underlying insurance unscheduled underlying insurance or the retained limit that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage or personal 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 anywhere in the world 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 and prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1 a.3 only if an authorized insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to this policy period. b. Bodily injury or property damage occurs during the policy period and w prior to the policy period known t occurred by any authorized insured ir any continuation change or resumg that bodily injury or property damag the end of the policy period. c. Bodily injury or property damage deemed to have been known to occurred at the earliest time whe authorized insured 1 Reports all or any part of the injury or property damage to us other insurer 2 Receives a written or verbal di claim or suit for damages bece the bodily injury or property da or 3 Becomes aware by any other mez bodily injury or property damag occurred or has begun to occur. d. This insurance applies to person advertising injury caused by an ir committed anywhere in the world dur policy period. If we are prevented by law statute or ott from paying on behalf of the insured then indemnify the insured for those sums tl insured is legally obligated to pay as ultim loss because of bodily injury p damage or personal and advertising in which this insurance applies. 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 any continuation change or resumption of that bodily injury or property damage after the end of the policy period. c. 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. d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world during the policy period. If we are prevented by law statute or otherwise from paying on behalf of the insured then we will indemnify the insured for those sums that the insured is legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. BEL9VZ6L6S080 2000200 G300647 A Ed. 0508 Page 1 of 1
2
G300835A Ed. 09 11 CNA BROAD KNOWLEDGE OF OCCURRENCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following is added to paragraph 2. Duties of the Insured in SECTION IV CONDITIONS of this policy You must give us or our authorized representative notice of an occurrence offense claim or suit only when the occurrence offense claim or suit is known to 1 You if you are an individual 2 A partner if you are a partnership or joint venture 3 An executive officer or the employee designated by you to give such notice if you are a corporation or 4 A manager if you are a limited liability company. All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. G300835A Ed. 09 11 Policy No Page 1 of 1 Endorsement No Effective Date Insured Named Copyright. CNA All Rights Reserved. Copyright GNA Al Rights Reserved.
2
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. VELIVZ6LES0E0 2000200 G300982 A Ed. 0710 Page 1 of 1
2
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize L. o the amount of Key Employee Replacement a. Warand Milltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss 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 defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 G301134 A Ed. 1010 Page 10f 3
2
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 SEL9VZ6L63080 2000200 Copyright 2010 CNA Financial Corporation Page 20f 3
2
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer N I Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer N I Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3
2
IL00 17 1198 H 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
2
IL 01401105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. The term spouse is replaced by the following Spouse or party to a civil union recognized under Connecticut law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or civil union recognized under Connecticut law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under Connecticut law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached.. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Connecticut law who is a resident of your household including a ward or foster child. under Connecticut law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Connecticut law who is a resident of your household including a ward or foster child. LEL9VZ6L63080 2000200 IL 01 40 11 05 Page 1 of 1 Copyright ISO Properties Inc. 2005
2
INTERLINE IL 0260 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY. The Cancellation Common Policy Condition is 3. Cancellation of policies in effect for 60 days or replaced by the following more. Cancellation a. If this policy has been in effect for 60 days or 1. The first Named Insured shown in the more or this is a renewal of a policy we Declarations may cancel this policy by mailing or issuedi we may cancel this policy by 99 delivering to us advance written notice of you written notice of cancellation at least cancellation. 1 10 days before the effective date of cancellation if we cancel for one or more 2. Cancellation of policies in effect for less than 60. of the following reasons days. If this policy has been in effect for less than 60 a Nonpayment of premium days and is not a renewal of a policy we issued b Conviction of a crime arising out of we may cancel this policy for any reason by acts increasing the hazard insured giving you written notice of cancellation at least against a. 10 days before the effective date of c Discovery of fraud or material cancellation if we cancel for nonpayment of misrepresentation by you in obtaining premium or the policy or in perfecting any claim b. 30 days before the effective date of thereunder cancellation if we cancel for any other reason. d Discovery of any willful or reckless act or omission by you increasing the 3. Cancellation of policies in effect for 60 days or more. a. If this policy has been in effect for 60 days or more or this is a renewal of a policy we issued we may cancel this policy by giving you written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for one or more of the following reasons a Nonpayment of premium b Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation by you in obtaining the policy or in perfecting any claim thereunder Discovery of any willful or reckless act or omission by you increasing the hazard insured against or c d BEL9VZ6L6S080 2000200 IL 02 60 02 10 Copyright Insurance Services Office Inc. 2009 Page 1 of 2
2
e A determination by the Commissioner that continuation of the policy would violate or place us in violation of the law or 2 60 days before the effective date of cancellation if we cancel for one or more of the following reasons a Physical changes in the property which increase the hazard insured against b A material increase in the hazard insured against or c A substantial loss of reinsurance by us affecting this particular line of insurance. b. We may not cancel policies in effect for 60 days or more or renewal policies for any reason other than the reasons described in Paragraph 3.a. above. c. If we cancel for nonpayment of premium you may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. d. Notice of cancellation will be delivered or sent by 1 Registered mail 2 Certified mail or 3 Mail evidenced by a United States Post Office certificate of mailing.. We will give notice to you at your last mailing address known to us.. Notice of cancellation will state the specific reason for the cancellation and the effective date of cancellation. The policy period will end on that date. 6. 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. 7. If notice is mailed proof of mailing will be sufficient proof of notice.. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to you a written notice of nonrenewal stating the specific reason for nonrenewal at least 60 days before the expiration date of this policy. The notice will be sent to your address last known to us. 2. This notice will be delivered or sent by a. Registered mail b. Certified mail or c. Mail evidenced by a certificate of mailing. If notice is mailed proof of mailing is sufficient proof of notice. 3. However we are not required to send this notice if nonrenewal is due to your failure to pay any advance premium required for renewal. 4. With respect to automobile liability insurance policies only your policy shall terminate on the effective date of any other insurance policy you purchase with respect to any automobile designated in both policies. Page 2 of 2 Copyright Insurance Services Office Inc. 2009 IL 026002 10
2
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE AND CONFIRMATION OF REJECTION OF COVERAGE DISCLOSURE OF PREMIUM FOR STATES IN WHICH COVERAGE FOR CERTIFIED ACTS OF TERRORISM CANNOT BE REJECTED THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompasses for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The other provisions of this coverage part including nuclear war or military action exclusions will still apply to such an act. CONFIRMATION OF REJECTION OF COVERAGE In accordance with The Act we offered you coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that you have chosen to reject our offer of coverage for certified acts of terrorism for this coverage part to the extent possible. DISCLOSURE OF PREMIUM Certain states may not allow coverage for certified acts of terrorism to be rejected for any coverage part. If you have locations in states in which coverage for certified acts of terrorism can not be rejected that premium is shown in your Declarations. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. G144246 F Page 1 of 2 Ed. 1207 6EL9VZ6L6S080 2000200 Page 10f 2
2
LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. G144246 F Ed. 1207 Page 2 of 2
2
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To Coverage Is Provided By Agency 4030597924 050113 050114 Continental Casualty Company 060692310 Named Insured And Address Agent PHOENIX BRANDS LLC LOCKTON COMPANIES LLC ONE LANDMARK SQUARE SUITE 1810 444 W. 47TH ST. 900 STAMFORD CT 06901 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 05012013 06012013 07012013 08012013 09012013 10012013 11012013 12012013 TOTAL PREMIUM PREMIUM 8168. 3500. 3500. 3500. 3500. 3500. 3500. 3500. 32668. OVL9VZ6L6S080Z000200 ISSUE DATE 052913
2
1PL9V26L630807 72000200 END OF COPY
2
.4 Libe 1lu111j121w Liberty Mutwal GroupBostan COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 681 463106 014 Renewal of. New Business Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 item 1. Named Insured and Mailing Address Checkers Drive in Restaurants Inc. 4300 W Cypress St Ste 600 Tampa FL 33607 The Named Insured is Corporation Business of the Named Insured is Eating places item 2. Policy Period 9302014 to 9302015 at 1201 A.M. standard time at above mailing address. item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 25000000 General Aggregate Limit 25000000 Products Completed Operations Aggregate Limit 25000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 10 152860 Terrorism Risk Insurance Act 0 Total Advance Premium 152860 FL Hurricane 1987 FL FIGA 1223 Minimum Premium 38215 Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number BAM 10092014 99935 9 463106 0000 LCU 00 02 11 10 2010 Liberty Mutual Group of Companies. All rights reserved Page 1 0f 2 Retention Each Occurrence
2
Item 6. Underlying Insurance Coverage Insurer Limits of Insurance Policy Period Policy Number Employers Liability Hartford Fire Insurance Company 1000000 By Accident Each Accident 9302014 to 9302015 1000000 By Disease Policy Limit 37 WN 832203 1000000 By Disease Each Employee IAuto Liability Hartford Fire Insurance Company 1000000 CSL 9302014 to 9302015 37 AB 32205 General Liability Hartford Fire Insurance Company 750000 Each Occurrence 9302014 to 9302015 1750000 General Aggregate 137 ECS S32204 1750000 Products Completed Ops iAggregate 750000 Pers Adv Injury Limit General Liability SIR Self Insured 250000 Each Occurrence 19302014 to 9302015 TO BE FURNISHED These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached fo this policy See Attached Schedule Countersf Y Authorized Company Representative LCU 00 02 11 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Page 2 of 2
2
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Eorm Name Endorsement Number LCU 00021110 LCU 9905 11 10 LCU 21471110 LCU 25091110 LCU 04110112 LCU 0227 11 10 LCU 3254 1110 LCU 32551110 LCU 21191110 LCU 2409 1110 LCU 20011013 LCU 21731013 LCU 21741013 LCU21781013 LCU21790114 LCU 9907 01 14 LCU 327006 14 LC 21 06 06 07 LCU 218108 14 LCU 32511110 LC 24 07 08 07 CU 21 56 06 06 CuU21621206 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Damage First Occurring Prior to Policy Period Exclusion Non Cumulation of Liability Same Occurrence Crisis Management Coverage Fiorida Changes Cancellation and Non Renewal Florida Changes Representations or Fraud Florida Changes Transfer of Your Rights and Duties Silica or Silica Related Dust Exclusion Foreign Liability Limitation Additional Insured Limitation Personal And Advertising Injury Exclusion Amendment Liquor Liability Exclusion Amendment Asbestos Exclusion Unlawfut Discrimination Exclusion Newly Acquired or Formed Organization Amendment Florida Changes Radiocactive Matter Exclusion Lead Exclusion Abuse or Molestation Exclusion Florida Changes Employee Benefits Liability Coverage Limitation Waiver Of Subrogation Auto Exclusion of Terrorism Coverage Oklahoma Auto Exclusion of Terrorism Coverage Underlying Auto Coverage Excludes Terrorism Above Minimum Statutory Limits For attachment to TH7 691 463106 014 Page 1of2
2
CU 21631206 CU 01620108 CU 21330108 Ccu 01820107 CU 21440107 cu ot 860107 LCU 000111 10 CNI90 07 01 14 SNI 9002 11 10 SNI09 0108 10 SNI 0902 10 12 SNI 090303 14 SNI09 0411 10 SNU 80 0111 10 LIL90 0506 13 Washington Auto Exclusion of Terrorism Coverage Alaska Certified Acts of Terrorism Exclusion Exclusion of Certified Acts of Terrorism Alaska Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk insurance Act Washington Conditional Exclusion Of Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act Commercial Liability Umbrella Coverage Form Important Notice Regarding The Expiration Of The Terrorism Risk Insurance Act And The Reduction In Coverage For Terrorism Losses Policy Holder Disclosure TRIA Florida Hurricane Catastrophe Fund Emergency Assessment Loss Control Services Important Information to Policyholders Florida Florida Notice to Policyholders Florida Insurance Guaranty Association Surcharge Florida Important Notice Florida Quick Reference Commercial Liability Umbrella Coverage Form Participating Provision CU 21631206 CU 01620108 CU 21330108 Ccu 01820107 nan nan nan nan 23.0 nan nan nan 24.0 nan nan nan 25.0 nan nan nan 26.0 nan nan nan nan 27.0 CU 21440107 nan nan nan nan 28.0 cu ot 860107 SNI 9002 11 10 SNI09 0108 10 SNI 0902 10 12 SNI 090303 14 LIL90 0506 13 Page 2 of 2 For attachment to TH7 691 463106 014
2
Policy Number TH7 691 463106 014 Endorsement 1 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 1 End. Eff. Date DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of item 1. Named Insured of the Declarations First Named Insured Checkers Drive In Restaurants Inc. Additional Named Insureds Checkers Holdings Inc. Checkers of Puerto Rico Inc. Checkers Rally s Restaurants Inc. Official Burger of Tampa Bay inc. Rally s of Ohio Inc. Checkerco Inc 2010 Liberty Mutuai Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission LCU 99051110 Page 1 of 1
2
Policy Number TH7 691 463106 014 issued by LIBERTY INSURANCE CORPORATION Endorsement 2 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. 2010 Liberty Mutual Group of Companies. All rights reserved. Inciudes copyrighted material of insurance Services Office Inc. with its permission LCU 21 4711 10 Page 1 of 1
2
Policy Number TH7 691 463106 014 Endorsement 3 issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 3 End. Eff. Date NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Hl LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess fiability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us aiso applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION Il LIMITS OF INSURANCE is replaced by the following The aggregate Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence regardiess of the length of the policy period. LCU 250911 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1
2
Policy Number TH7 691 463106 014 issued by LIBERTY INSURANCE CORPORATION Endorsement 4 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERGCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Eherty Mutual Claims 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04 110112 2012 Liberty Mutual Group of Companies. All rights Page 10f5 reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f5
2
b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. c. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. b. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. c. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event B. SECTION ill LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardiess of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 2 0of5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 0of5
2
b. A building structure or equipment collapse not caused by an act of nature. An automobile watercraft or aircraft accident d. Spread of food borne ilinesses or e. An explosion that a key executive reasonably believed in good faith has resuited or may result in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you 2. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you 2 Expenses incurred by your own public relations vendor that you currently hold on retainer for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. 5 Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event 3 The base salaries or wages of any of your employees. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission LCU 041101 12 Page 3 of 5
2
4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. Key executive means a. Chief Executive Officer b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCu 04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
2
determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of LCU 04 110112
2
Policy Number TH7 691 463106 014 Issued by LIBERTY INSURANCE CORPORATION Endorsement 5 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 10. of SECTION IV CONDITIONS is replaced by the following 10. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. Cancellation of policies in Effect for 90 Days or Less. If this policy has been in effect for 90 days or less we may cancel this poticy by mailing or delivering to the Named Insureds written notice of cancellation accompanied by the reasons for cancellation at ieast 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 45 days before the effective date of cancellation if we cancel for any other reason except we may cancel immediately if there has been a A material misstatement or misrepresentation or b A failure to comply with the underwriting requirements established by the insurer.. Canceliation of policies in Effect for More than 90 Days If this policy has been in effect for more than 90 days we may cancel this policy only for one or more of the foliowing reasons 1 Nonpayment of premium 2 The policy was obtained by a material misstatement 3 Failure to comply with underwriting requirements established by the insurer within 90 days of the effective date of coverage 4 A substantial change in the risk covered by the policy or 5 The canceliation is for all insureds under such poiicies for a given class of insureds. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10of 2 LCU 0227 1110
2
If we cancel this policy for any of these reasons we will mail or deliver to the Named Insureds written notice of cancellation accompanied by the reasons for cancellation at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b 45 days before the effective date of cancellation if we cancel for any of the other reasens stated in Paragraph 10.c. We will mail or deliver our notice to the Named Insureds at the last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period wilt end on that date at 1201 AM 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. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us we will mail the refund within 15 working days after the date cancellation takes effect unless this is an audit policy. If this is an audit policy then subject to your full cooperation with us or our agent in securing the necessary data for audit we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation then we shall accept your own audit and any premium refund due shall be mailed within 10 working days of receipt of your audit. The canceliation will be effective even if we have not made or offered a refund. If we decide not to renew this policy we will mail or deliver to the Named Insureds shown in the Declarations accompanied by the reason for non renewal written notice of non renewal not less than 45 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20f2 LCu 02271110
2
Palicy Number TH7 691 463106 014 Issued by LIBERTY INSURANCE CORPORATION Endorsement 6 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES REPRESENTATIONS OR FRAUD This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 7.c. of SECTION IV CONDITIONS is replaced by the following c. This insurance will not apply in any case of fraud by you as it relates to this policy or any claim under this policy. 2010 Liberty Mutual Group of Companies. All rights Page 10f 1 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 32541110
2
Policy Number TH7 691 463106 014 Issued by LIBERTY INSURANCE CORPORATION Endorsement 7 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES TRANSFER OF YOUR RIGHTS AND DUTIES This endorsement medifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 14. of SECTION IV CONDITIONS is replaced by the following 14. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the Named Insured and mailed to the address shown in this policy will be sufficient notice to effect canceliation of this policy. 2010 Liberty Mutual Group of Companies. All rights Page 10of 1 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCcu 32551110
2
Policy Number TH7 691 463106 014 Endorsement 8 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 8 End. Eff. Date SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Silica or Silica Related Dust 1 Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust 2 Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. 4 B. The foilowing definitions are added to SECTION V DEFINITIONS a. Silica means silicon dioxide occurring in crystaliine amorphous and impure forms silica particles silica dust or silica compounds. b. Silica related dust means a mixture or combination of silica and other dust or particles. LCU21191110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1
2
Policy Number TH7 691 463106 014 Endorsement 9 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 9 End. Eff. Date FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION COVERAGES is deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. LCU 24 09 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 1
2