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ZURICH Important Notice to Policyholders The address for the headquarters of Zurich North America will change after August 1 2016 due to a relocation of our office in the same city. The new address is Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg IL 60196 1 800 382 2150 For specific questions regarding your policy please contact your agent or broker. For other questions you may contact the Customer Inquiry Center of Zurich North America. Any references to post office boxes previously provided remain unchanged. U GU1194 A CW 0815 Page 10f 1
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ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUEOTIVNO ADUVUIT TUUR INOURANLEYS YOur agent or broker 1S bDest equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT. U GU319 F CW 0109 Page 1 of 1
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ZURICH Insured Name CORPORATE ONE FEDERAL CREDIT UNION INC. Policy Number AUC 5088037 11 Effective Date 10122015 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 146 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January 1 2015 December 31 2015 federal share 85 January 1 2016 December 31 2016 federal share 84 January 1 2017 December 31 2017 federal share 83 January 1 2018 December 31 2018 federal share 82 January 1 2019 December 31 2019 federal share 81 January 1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Auvailability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 D CW 0115 Page 1 of 2
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E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe aviolent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 D CW 0115 Page 2 of 2
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ZURICH Insured Name CORPORATE ONE FEDERAL CREDIT UNION INC. Policy Number AUC 5088037 11 Effective Date 10122015 NOTIFICATION OF IMPORTANT CHANGES RELATING TO TERRORISM RISK INSURANCE ACT To Our Valued Customers The Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA 2007 had been scheduled to expire on December 31 2014. Congress enacted a six year extension of TRIA entitled Terrorism Risk Insurance Program Reauthorization Act of 2015 TRIPRA 2015 which will expire on December 31 2020. For purposes of simplicity we will simply reference the act as TRIA. There are several important changes to TRIA included within the extension of which you should be aware A. Change in Definition of Act of Terrorism Prior to the enactment of the extension legislation TRIA had required that an act of terrorism meant any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State. However this has been changed in that certification by the Secretary of the Treasury shall be in consultation with the Secretary of Homeland Security and the United States Attorney General. B. Reduction in the Federal Share of Terrorism Losses by Increasing the Insurer Co Pay from 15 to 20 Over Five Years The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January 1 2015 December 31 2015 federal share 85 January 1 2016 December 31 2016 federal share 84 January 1 2017 December 31 2017 federal share 83 January 1 2018 December 31 2018 federal share 82 January 1 2019 December 31 2019 federal share 81 January 1 2020 December 31 2020 federal share 80 C. The Current Program Trigger for Aggregate Industry Insured Losses Will Increase from 100 Million to 200 Million Over Five Years The extension of TRIA increases the Program trigger from 100 million to 200 million over a five year period. This means that the Program trigger will increase by 20 million with respect to any such insured losses occurring in calendar year 2016 and continue to increase by 20 million until calendar year 2020. At the end of this five year period the Program trigger will be 200 million. D. Increases in the Recoupment of the Federal Share of Insured Losses The extension of TRIA increases the amount used to calculate marketplace aggregate retention from 27.5 billion to 37.5 billion in 2 billion increments beginning in the calendar year 2015 and reaching 37.5 billion in calendar year 2019. Beginning in calendar year 2020 the TRIA extension revises the mandatory recoupment amount to be the amount equal to the annual average of the sum of insurer deductibles for all insurers participating in the Program for the prior three calendar years with such amount to be determined annually by the Secretary of the Treasury. Under the TRIA extension the recoupment of mandatory recoupment amounts has increased from 133 to 140. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU766 B CW 0115 Page 1 of 1
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ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1 of 1
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ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 1 of 1
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ZURICH Commercial Umbrella Liability Policy ZURICI Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number AUC 5088037 11 Renewal of Number AUC 5088037 10 1. Named Insured CORPORATE ONE FEDERAL CREDIT Producer LOCKTON COMPANIES LLC UNION INC. 2. Mailing Address P.0.BOX 2770 444 W 47TH ST STE 900 COLUMBUS OH 43216 KANSAS CITY MO 64112 190 Email Address JRosslockton.com 3. Policy Period From 10122015 To 10122016 at 1201 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance A. 10000000 Occurrence B. 10000000 Other Aggregate C. 10000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 5. Retained Limit 0 Occurrence 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 JRosslockton.com Retained Limit 0 Policy Premium Advance Premium Policy Minimum Earned Premium Schedule of Underlying Insurance Endorsements Attached Occurrence 14746 3687 See attached Schedule of Underlying Insurance See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1
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ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 oo R Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Important Information Relating to Terrorism U GU630 D CW 0115 Risk Insurance Act Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Extended Schedule of Underlying Insurance U UMB106 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Auto Leasing Exclusion U UMB119 A CW 0799 Care Custody Or Control Exclusion U UMB129 B CW 0703 Employee Benefits Liability Follow Form U UMB167 B CW 0703 Employers Liability Exclusion U UMB168 B CW 0310 Fiduciary Liability Exclusion U UMB178 B CW 0703 Financial Institutions Exclusion U UMB181 B CW 0703 Insurance Related Operations Exclusion U UMB186 C CW 0114 Lead Exclusion U UMB193 A CW 0799 Leasing Exclusion Equipment or Machinery U UMB194 A CW 0799 Personal and Advertising Injury Follow Form U UMB217 A CW 0799 Professional Liability Exclusion U UMB228 D CW 0114 Notice of Occurrence Endorsement U UMB384 B CW 0310 Fungus or Bacteria Exclusion U UMB385 B CW 0703 U UMB D101 C CW U UMB105 A CW U UMB106 A CW U UMB103 C CW U UMB119 A CW U UMB129 B CW U UMB167 B CW U UMB168 B CW U UMB178 B CW U UMB181 B CW U UMB186 C CW U UMB193 A CW U UMB194 A CW U UMB217 A CW U UMB228 D CW U UMB384 B CW U UMB385 B CW 0310 0799 0799 0310 0799 0703 0703 0310 0703 0703 0114 0799 0799 0799 0114 0310 0703 U UMB104 A CW 0799 Page 1 of 2
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Financial Professional Services Exclusion Stop Payment Legal Liability Exclusion Silica or Silica Mixed Dust Injury Exclusion Foreclosed Trust and Leasing Exclusion Total Pollution Exclusion with A Hostile Fire Exception Change Endorsement Sanctions Exclusion Endorsement Ohio Cancellation and Nonrenewal Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Umbrella Amendatory Endorsement Cap on Losses From Certified Acts of Terrorism U UMB428 B CW U UMB429 A CW U UMB515 A CW U UMB624 A CW U UMB664 A CW U UMB200 A CW U GU1191 A CW U UMB314 B OH U UMB525 F CW 0114 0703 0305 0408 0310 0799 0315 0410 0114 U UMB906 A CW U GU767 B CW 0114 0115 U UMB104 A CW 0799 Page2 of 2
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ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 oo R Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits. Company American Zurich Insurance Company Policy No CPO 5940735 11 Term 10122015 to 10122016 Commercial General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate Per Location Term Aggregate Unlimited 1000000 Personal Injury Advertising Injury 1000000 Employee Benefits Each Claim 2000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Applicable Limits Company American Guarantee and Liability Insurance Company Policy No CPO 5940735 11 Term 10122015 to 10122016 Commercial Auto Liability 1000000 Combined Single Limit Company Policy No. and Term Coverage Applicable Limits Term 10122015 to 10122016 Including Employee Benefits U UMB105 A CW 0799 Page 1 of 2
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1000000 1000000 1000000 Bodily Injury By Accident Each Accident Bodily Injury By Disease Each Employee Bodily Injury By Disease Policy Limit C. Company AMERICAN ZURICH INSURANCE COMPANY Policy No WC 0083452 01 Employers Liability wc Term 01012016 to 01012017 U UMB105 A CW 0799 Page2 of 2
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ZURICH Extended Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 oo R Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits Company American Zurich Insurance Stop Gap Company Policy No CPO 5940735 11 Term 10122015 to 10122016 1000000 1000000 1000000 Bodily Injury By Accident Each Accident Bodily Injury By Disease Each Employee Bodily Injury By Disease Policy Limit Term 10122015 to 10122016 U UMB106 A CW 0799 Page 1 of 1
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ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1
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ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CEATIAM AAVED A SE SECTIONI. COVERAGE A. Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION II. LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19
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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 designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated 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 or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. C. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business cri expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il. LIMITS OF INSURANCE A. With respectto Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. B. The Limits of Insurance of this policy will apply as follows 1. The limit stated in ltem 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. C. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. D. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19
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The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period 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 preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section Ill. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19
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a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or c. The Employees Retirement Income Security Act E.R.1.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19
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2 Any 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 or c. Any injury or nuclear 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 any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. e. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. 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. g. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19
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The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. b. War including undeclared or civil war Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly 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 which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 maybe 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 if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 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 the operation of mobile equipment or its parts if such fuels lubricants or other operation 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 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19
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2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 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 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 any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or ii The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought 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. C. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. c. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. 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. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19
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4. b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. 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 b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of any insured e. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j. 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 k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I 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. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19
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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 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. PRODUCT RECALL 7. 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 a. Your product b. Your work or c. 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. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or 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 Property loaned to you Personal property in your care custody or control LI 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 f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it g. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19
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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. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19
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The following definitions are applicable to Coverage B only 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 purpose 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 purpose of attracting customers or supporters is considered an advertisement. 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 in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. 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 b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business c. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you g. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19
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No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. 7. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. 8. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 9. 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 a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in 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 are 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 an auto 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 compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19
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Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. 12. Personal and advertising injury means injury including consequential bodily With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. 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. jury arising out of one or more of the following offenses a. b. c. 0 e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in Items 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 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. This hazard does not include bodily injury or property damage arising out of a. b. 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 by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. 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 shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19
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15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. 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. 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. 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 a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. 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 a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisit casualty business cri means an event that in the good faith opinion of your principal in the absence of services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19
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3. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business cri b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. 4. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. 5. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION IL. of this policy. 2. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. 3. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. 4. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in ltem 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19
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3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. 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 thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses 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. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19
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10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance c. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. Ifthe other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19
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14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then 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 temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19
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2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business cri expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19
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Endorsement 01 ZURICH Auto Leasing Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any auto leased rented or loaned to others. This exclusion does not apply to the extent that insurance is provided by the underlying insurance for 1. A salesperson or other employee of any insured for use of such auto principally in an insured s business or 2. A customer for use of such auto while such customer s auto is temporarily in any insured s care for maintenance service or repair. U UMB119 A CW 0799 Page 1 of 1
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Endorsement 02 ZURICH Care Custody Or Control Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1
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Endorsement 03 ZURICH Employee Benefits Liability Follow Form Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense imposed on any insured as a Fiduciary Administrator or other party in interest arising out of any Employee Benefits Program record handling in connection with any Employee Benefits Program or effecting or terminating any employee s participation in any plan included in any Employee Benefits Program. As used in this endorsement Employee Benefits Program means any group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits and any other similar plans. U UMB167 B CW 0703 Page 1 of 1
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Endorsement 04 ZURICH Employers Liability Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to any liability damage loss cost or expense arising out of injury to 1. Any 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 domestic partner child parent brother or sister of that employee as a consequence of paragraph 1. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone who must pay damages because of such injury. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB168 B CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 05 ZURICH Fiduciary Liability Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. The ownership maintenance use or entrustment to others of any property real personal or intangible including all related operations for which any insured or any person for whose acts any insured is legally liable is acting or is obligated to act in a fiduciary or representative capacity 2. The loss depreciation in value or damage to any property real personal or intangible for which any insured or any person for whose acts any insured is legally liable is acting in a fiduciary or representative capacity. U UMB178 B CW 0703 Page 1 of 1
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Endorsement 06 ZURICH Financial Institutions Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of A. The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft watercraft railroad locomotive or railroad cars in which any insured has any financial interest as a lessor or mortgagee B. Property damage to or loss or depreciation of any property of whatsoever nature held by deposited with entrusted to or otherwise in the care custody or control of any insured or as to which any insured is for any purpose exercising control C. The assumption of liability by or on behalf of any insured under any binder policy or contract of insurance reinsurance suretyship annuity or endowment or resulting from any acts errors or omissions in effecting such binders policies or contracts D. Any act error omission or breach of duty in performing or failure to perform banking or fiduciary services or in giving financial economic or investment advice or in rendering investment advisory or management services E. Brought about by or contributed to by any dishonest or fraudulent acts of any insured or any director officer or employee of any insured F. The ownership maintenance operation entrustment to others use control or management of any property or business enterprise for which any insured is acting as a fiduciary or representative capacity or G. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Truth in Lending Act or any similar Federal State or Municipal Statute. H. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. As used in this endorsement The term fiduciary shall include administrator executor trustee under will or trust agreement committee for incompetence guardian any agent or sub agent of any of the foregoing custodian of securities manager of property of whatsoever nature interest or dividend disbursing agent paying agent fiscal agent transfer agent registrar agent agent for voting trustee warrant agent depository agent for a committee of holders of stock or securities escrow agent trustee under bond indenture sinking fund agent receiver or trustee appointed by any court in receivership bankruptcy or reorganization proceeding or any similar trust representative or semifiduciary capacity. U UMB181 B CW 0703 Page 1 of 1
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Endorsement 07 ZURICH Insurance Related Operations Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 1001212016 10122015 37385000 Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. Any obligation assumed by any insured under any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 2. The failure to discharge or the improper discharge of any obligation or duty contractual or otherwise any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 3. Membership in or contribution to any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary or 4. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. 5. The rendering of or failure to render professional services in a. Advising inspecting reporting or making recommendations in the insured s capacity as an insurance company consultant broker agent or representative thereof b. Effecting insurance reinsurance or suretyship coverage Investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship d. Auditing of accounts or records of others Conducting an investment loan or real estate department or operation f. Acting in any capacity as a fiduciary or trustee for mutual funds pension or welfare funds or other similar activities or g. Performing any claim investigative adjustment engineering inspection or data processing service. These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the liability damage loss cost or expense involved that which is described in Paragraph 1. 2. 3. 4. or 5. above. All other terms conditions provisions and exclusions of this policy remain the same. U UMB186 C CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 08 ZURICH Lead Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to by toxic or pathological properties of lead lead compounds or lead contained in any materials Any cost or expense to abate mitigate remove or dispose of lead lead compounds or materials containing lead Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1. or 2. above or Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. U UMB193 A CW 0799 Page 1 of 1
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Endorsement 09 ZURICH Leasing Exclusion Equipment or Machinery Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the use of any equipment or machinery leased or rented to others by any insured. U UMB194 A CW 0799 Page 1 of 1
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Endorsement 10 ZURICH Personal and Advertising Injury Follow Form Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense arising out of any personal and advertising injury offense. U UMB217 A CW 0799 Page 1 of 1
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Endorsement 11 ZURICH Professional Liability Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 1001212016 10122015 37385000 Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error misstatement or omission of any insured or any person for whom the insured is legally responsible in the rendering of or failure to render any professional service. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the liability damage loss cost or expense involved the rendering of or failure to render any professional service. All other terms conditions provisions and exclusions of this policy remain the same. U UMB228 D CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 12 ZURICH Notice of Occurrence Endorsement Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Any Notice of Occurrence as required in SECTION VI. CONDITIONS Condition B.1. of the policy should be reported to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 Email USZ CareCenterZurichna.com ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB384 B CW 0310 Page 1 of 1
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Endorsement 13 ZURICH Fungus or Bacteria Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Spores means reproductive bodies produced by or arising out of fungi. This exclusion does not apply to any fungi or bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U UMB385 8 CW 0703 Page 1 of 1
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Endorsement 14 ZURICH Financial Professional Services Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 1001212016 10122015 37385000 Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the rendering of or failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the liability damage loss cost or expense involved the rendering of or the failure to render professional services by any insured to others. B. As used in this endorsement professional services means those services rendered or required to be rendered to others pursuant to an agreement and for a fee or other payment and include non compensated services provided they are rendered or required to be rendered in connection with paid services. They include but are not limited to services arising out of investment banking lending financial counseling insurance operations real estate operations and appraisal services. All other terms conditions provisions and exclusions of this policy remain the same. U UMB428 B CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 15 ZURICH Stop Payment Legal Liability Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense in connection with any check which you are legally obligated to pay due to 1. Compliance or failure to comply with any notice to stop payment 2. Refusal to pay or 3. Failure to give proper notice of dishonor. Definition As used in this endorsement check refers to a check note or draft other than a travelers check payable by you and drawn made or accepted by any depositor of yours. U UMB429 A CW 0703 Page 1 of 1
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Endorsement 16 ZURICH Silica or Silica Mixed Dust Injury Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to 1. Bodily injury or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption existence of or presence of silica. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means a. Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or b. Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U UMB515 A CW 0305 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 17 ZURICH Foreclosed Trust and Leasing Exclusion Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of or directly or indirectly related to 1. foreclosed property 2. property in any trust guardianship or estate for which you are acting in a fiduciary or representative capacity or 3. property which you own and lease to others. As used in this endorsement foreclosed property means property a. to which you have perfected your right to possession or b. property you originally acquired through foreclosure repossession or deed in lieu of foreclosure because the property was security for a loan you owned or serviced and there was a default on that loan. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB624 A CW 0408 Page 1 of 1
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Endorsement 18 ZURICH Total Pollution Exclusion With A Hostile Fire Exception Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusions B. POLLUTION under Coverage A and C. 6. POLLUTION under Coverage B of Section IV. EXCLUSIONS are deleted and replaced by the following Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a. b. At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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. As used in this endorsement hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB664 A CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 19 Z ZURICH Change Endorsement Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 101212016 101212015 37385000 ceeen e Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Itis hereby understood and agreed that the Underlying Automobile Liability policy number has been amended as follows CPO 5940735 11. Al other terms and conditions remain the same. U UMB200 A CW 0799 Page 1 of 1
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Endorsement 20 ZURICH Sanctions Exclusion Endorsement Policyholder CORPORATE ONE FEDERAL CREDIT UNION INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 10f 1
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ZURICH Ohio Cancellation and Nonrenewal Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 10122016 10122015 37385000 ceeoee e Named Insured Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.0.BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal a. Cancellation paragraph 2 is deleted and replaced with the following 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you at the address last known to us not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reason for the cancellation and when the cancellation is to take effect. a If this policy has been in effect for less than ninety 90 days and it is not a renewal of a policy we issued we may cancel this policy for any reason. b If this policy has been in effect for ninety 90 days or more or if this policy is a renewal of a policy we issued we may cancel this policy for one or more of the following reasons Non payment of premium Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims submitted there under Discovery of a moral hazard or willful or reckless acts or omissions on the part of any insured which increase any hazard insured against iv. The occurrence of a change in the individual risk which substantially increases any hazard insured against after the insurance coverage has been issued or renewed except to the extent the insurer should reasonably have foreseen the change or contemplated the risk in writing the contract V. A determination by the Director of Insurance that the continuation of the policy would create a condition that would be hazardous to the policyholders or the public Loss of applicable reinsurance or a substantial decrease in applicable reinsurance or Your failure to correct material violations of safety codes or to comply with reasonable written loss control recommendations. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal If we decide not to renew this policy we will mail or deliver notice of nonrenewal stating the reason therefore at least sixty 60 days before the expiration or anniversary date of this policy. Such notice will be mailed or delivered to you at the mailing address last known to us. If notice is mailed or delivered less than thirty 30 days before the expiration date this policy will remain in effect until thirty 30 days after the date on which the notice is mailed or delivered. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB314 B OH 0410 Page 10f2
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Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. Proof of mailing will be sufficient proof of notice. C. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal is amended by the addition of the following c. Renewal with Altered Terms 1 If this policy is conditionally renewed based on a substantial increase in premium we will provide you with notice of the increased premium by mailing or delivering notice to you at the last mailing address known to us not less than thirty 30 days before the expiration date. 2 If notice is mailed less than thirty 30 days before expiration your coverage remains in effect until thirty 30 days after mailing of the notice. If you elect not to renew the premium due will be calculated based on the rates of the expiring policy. If you elect to renew the renewal is effective immediately following the normal expiration of the old policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB314 B OH 0410 Page 2 0f 2
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Endorsement 21 Exclusion Recording And Distribution Of Material Or Information In Violation Of Law ZURICH Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 1001212016 10122015 37385000 Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 22 Umbrella Amendatory Endorsement Z ZURICH Policy No. Eff. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5088037 11 10122015 1001212016 10122015 37385000 Named Insured and Mailing Address Producer CORPORATE ONE FEDERAL CREDIT UNION INC. P.O0. BOX 2770 COLUMBUS OH 43216 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following 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 C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Endorsement 23 ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number CORPORATE ONE FEDERAL CREDIT UNION INC. AUC 5088037 11 10122015 23 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe aviolent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1
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505 Eagleview Boulevard Suite 100 PO Box 636 Exton PA 19341 0636 USA Phone 800327 1414 161 Fax 161 Sharon. Kahles Halmxlgroup.com Xlgroup.cominsural May 05 2014 KSPG Holding USA Inc. 1731 Industrial Parkway N Marinette W1 54143 3704 Thank you for placing your insurance coverage with the U.S. Incoming Casualty Unit of XL Insurance. Sincerely i o p Do fibte Hebir Sharon Kahles Halm CPCU Sr. Underwriter Assistant Vice President Global Incoming XL Group Sharon.KahlesHalmxlgroup.com 505 Eagleview Blvd. Suite 100 Exton PA 19341 0636
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XLGroup Insurance x L CLAIM REPORTING INSTRUCTIONS New claims can be reported by phone fax mail or email 24 hours a day seven days a week 365 days a year. Please include if available the name address and phone number for all relevant parties the date and time of loss the location of the loss a description of the loss and any damage information. If reporting by phone please be sure to indicate if the claim involves a fatality serious bodily injury pollution spill or requires immediate response. Phone Fax Phone 1 800 823 7351 Toll Free Fax 1 866 262 9002 Toll Free 1 678 819 7388 Toll Email napropcasclaimnewnoticesxlgroup.com New Claims Notices Email napropcasclaimsxlgroup.com All Other Claims Correspondence USPS Mail XL Group PO Box 614002 Orlando FL 32861 4002 Overnight Mail XL Group 4209 Vineland Road Suite J2 Orlando FL 32811 INSTRUCTIONS FOR REQUESTING LOSS RUNS Due to privacy issues US Incoming Casualty can only honor requests for loss runs when submitted in writing by our broker of record or by the Insured on their company letterhead. To request a copy of loss runs for your policy please submit your request to USIncomingLossRunRequestsxIgroup.com USICR Incoming 102012 2012 X.L. America Inc. All rights reserved.
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NOTICE TO POLICYHOLDERS POTENTIAL EXPIRATION REPLACEMENT OR REVISION OF THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 This Notice is intended to advise you of potential changes to your policy that may occur in the future depending on the outcome of legislation that is scheduled to expire as described below. This Notice applies to coverage under the following policy forms Commercial Umbrella Liability Policy Commercial Excess Follow Form and Umbrella Liability Policy Excess Liability Policy The annual premium for Certified Acts of Terrorism and Other Acts of Terrorism coverage provided under this policy is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Program Reauthorization Act of 2007 hereinafter referred to as the Program which is scheduled to terminate on 123114 unless extended by the federal government. If the Program a is not renewed extended or replaced by any other similar law act or provision or b is renewed extended or replaced without the mandatory requirement to make terrorism coverage available to you andor with an increase in insurance carrier s statutory deductible percentages decrease in federal government s statutory percentage share in potential terrorism losses above such deductible andor includes provisions that redefine terrorism or revise terms and conditions that differ from current in force legislation then no Certified Acts of Terrorism or any other terrorism coverage will be provided under this policy after December 31 2014. If a or b occurs then a Terrorism Exclusion will be added to your policy effective January 1 2015 where legally allowable excluding coverage for Certified Acts of Terrorism or any other terrorism coverage provided under the Program or any other post Program Terrorism coverage. If you paid Terrorism premium for a policy term post December 31 2014 then the pro rated portion of the Terrorism premium paid will be returned to you. PN392 0114 TR Page 1 of 1 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission.
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FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010613 Page 10f3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission.
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NUVIIVE TV FUVLILVLTIAVLUECNO New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 01 0613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission.
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NUITIVE TV FULILVLTINVLULCNO Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3 0of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission.
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NUITIVE TV FULILVLTINVLULCNO PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 0f 3
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NUVIIVE TV FUVLILVLTIAVLUECNO e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 2 of 3
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NUITIVE TV FULILVLTINVLULCNO An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3
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NUITIVE TV FULILVLTINVLULENO U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.govofficesenforcementlists In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 05 1010 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2010 X.L. America Inc. Al rights reserved. May not be copied without permission.
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NUITIVE TV FULILVLTINVLULCNO WISCONSIN Keep this Notice with your Insurance Papers Problems with your insurance If you are having problems with your insurance company or agent do not hesitate to contact the insurance company or agent to resolve your problem. FOR INFORMATION OR TO MAKE A COMPLAINT CALL 1 800 622 7311 XL INSURANCE SEAVIEW HOUSE 70 SEAVIEW AVENUE STAMFORD CT 06902 6040 You can also contact the OFFICE OF THE COMMISSIONER OF INSURANCE a state agency which enforces Wisconsin s insurance laws and file a compliant. You can contact the OFFICE OF THE COMMISSIONER OF INSURANCE by writing to Office of the Commissioner of Insurance Information and Complaints Section P. O. Box 7873 Madison W1 53707 7873 To request a complaint form call PN WI 010511 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1
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mlINSURANCE COMPANY PROVIDING COVERAGE Regulatory Office 505 Eagleview Blvd. Ste. 100 Dept Regulatory Exton PA 19341 0636 XL Insurance America Inc. 800 688 1840 COMMERCIAL UMBRELLA LIABILITY POLICY DECLARATIONS Policy Number US00006881LI13A Renewal of US00006881LI12A ITEM 1. NAMED INSURED KSPG HOLDING USA INC. MAILING ADDRESS 1731 INDUSTRIAL PARKWAY N MARINETTE WI 54143 3704 ITEM 2. POLICY PERIOD FROM December 31 2013 TO December 31 2014 at 1201 A.M. at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 4000000 Each Occurrence. General Aggregate In accordance with Section Ill. Limits of Insurance. Products Completed Operations Aggregate in accordance with Section 1l Limits of Insurance 4.000.000 Combined Aggregate In accordance with Section Il Limits of Insurance ITEM 4. SELF INSURED RETENTION 10000 Each Occurrence ITEM 5. UNDERLYING INSURANCE see Schedule Underlying Insurance attached. ITEM 6. POLICY PREMIUM Estimated Total Annual Exposure Rate per Advance Premium Minimum Premium s 277448931 0.49955 138600 Terrorism Premium Excluded Total Premium 138600 Policy is not subject to Audit ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule PRODUCER NAME Lockton Companies LLC ADDRESS 444 W. 47th Street Suite 900 Kansas City MO 64112 1906 CUU 001 0805 XL America Inc. 2004 VAN L COMPANY PROVIDING COVERAGE XL Insurance America Inc. DECLARATIONS olicy Number US00006881LI13A Renewal of US00006881LI12A EM 1. NAMED INSURED KSPG HOLDING USA INC. MAILING ADDRESS 1731 INDUSTRIAL PARKWAY N MARINETTE WI 54143 3704 EM 2. POLICY PERIOD FROM December 31 2013 TO December 31 2014 at 1201 A.M. at the address of the Named Insured stated above EM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 4000000 Each Occurrence. General Aggregate In accordance with Section Ill. Limits of Insurance. Products Completed Operations Aggregate in accordance with Section 1l Limits of Insurance 4.000.000 Combined Aggregate In accordance with Section Il Limits of Insurance EM 4. SELF INSURED RETENTION 10000 Each Occurrence EM 5. UNDERLYING INSURANCE see Schedule Underlying Insurance attached. EM 6. POLICY PREMIUM stimated Total Annual Exposure Rate per Advance Premium Minimum Premium s 277448931 0.49955 138600 Terrorism Premium Excluded Total Premium 138600 olicy is not subject to Audit EM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule RODUCER NAME Lockton Companies LLC DDRESS 444 W. 47th Street Suite 900 Kansas Citv. MO 64112 1906 POLICY PERIOD
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Issue Date 050514 VB Camitle m. Natta 050514 Authorized Representative or Countersignature in states where applicable Date Camitle m. Natta 050514 Authorized Representative or Date Countersignature in states where applicable Issue Date 050514 VB 050514 Date CUU 001 0805 XL America Inc. 2004
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Endorsement No. 01 Form Effective Date December 31 2013 Issue Date Attached to and forming part of Policy No. US00006881LI13A Issued To KSPG Holding USA Inc. By XL Insurance America Inc. Endorsement Schedule Item 7. This Policy includes the following endorsements at inception Rev. Page Endorsement Number Endorsement Title CUU 001 0805 COMMERCIAL UMBRELLA LIABILITY POLICY DECLARATIONS CUU 002 0805 01 Endorsement Schedule CUU 003 0805 Schedule of Underlying Insurance IL MP 9104 0211 XLIA IN WITNESS XL INSURANCE AMERICA INC. CUU 050 0805 COMMERCIAL UMBRELLA LIABILITY POLICY CUU 404 0805 02 Contractual Liability Limitation CUU 406 0706 03 Employee Benefits Liability Limitation Claims Made CUU 413 0805 04 Batch Clause CUU 414 0805 05 Lead Exclusion CUU 419 0805 06 Employers Liability Limitation CUU 423 0805 07 Products Completed Operation Hazard Limitation CUU 434 1006 08 Non Pyramiding of Limits Endorsement CUU 435 1006 09 Standard Policy Modification Endorsement CUU 6010805 10 Aircraft Products and Ground Exclusion CUU 603 0805 11 Engineers Architects or Surveyors Professional Liability Exclusion CUU 606 0805 12 Automobile Liability Limitation CUU 623 0805 13 Silica and Silica Related Dust Exclusion CUU 637 0805 14 Personal and Advertising Injury Limitation CUU 647 0706 15 Professional Liability Exclusion CUU 665 0108 16 Exclusion of Certified Acts of Terrorism CUU 1390805 17 WISCONSIN CHANGES CANCELLATION AND NONRENEWAL CUU 628 0805 18 Fungi or Bacteria Liability Exclusion Information Notices PN392 1213 PN CW 01 0613 PN CW 02 0505 PN CW 05 1010 PN WI 01 0511 Rev. Page CUU 002 0805 XL America Inc. 2004
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Schedule of Underlying Insurance Policy Number US00006881LI13A Type of Policy Applicable Limits Insurer Policy Period A Automobile Liability Bodily Injury Policy Type and Symbol Bus. Auto 1 Garage Truckers 1000000 Each Person Property Damage Each Accident Bodily Injury and Property Damage Combined Single Limit Each Accident Hartford Fire Insurance Company 37 UEN MS5711 1114 t0 1115 B Commercial General Liability 1000000 2000000 2000000 1000000 Each Occurrence Limit Products Completed Operations Aggregate Limit General Aggregate Limit Policy Aggregate Limit Personal Advertising Injury Limit XL Insurance America Inc. US0006878LI13A 123113 to 123114 C Employers Liability Coverage B Employers Liability Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Twin City Fire Insurance Co. 37 WBR MS5710 111410 1115 D Employee Benefits 1000000 per claim 1000000 per aggregate XL Insurance America Inc. US0006878LI13A 123113 to 123114 E Other list other coverage CUU 003 0805 XL America Inc. 2004
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IN WITNESS XL INSURANCE AMERICA INC. REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 0636 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Sfeaas Seraina Maag President Towt Onn. Fortsms Toni Ann Perkins Secretary IL MP 9104 0211 XLIA 2011 X.L. America Inc. Al rights reserved. May not be copied without permission.
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COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. Throughout this Policy the words you and your refer to the Named Insured shown in Item 1 of the Declarations. 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 VI. Definitions. In consideration of the payment of premium and in reliance upon the statements in the Declarations and subject to the Limits of Insurance Exclusions Conditions Definitions and other terms of this Policy the Company named in the Declarations a capital stock company herein called the Company agrees with the Named Insured to provide coverage as follows SECTION I. INSURING AGREEMENTS Coverage A. We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay as damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this insurance applies. The amount we will pay for damages is limited as described in Section IlI. Limits of Insurance. If we are prevented by law or statute from paying damages covered by this Policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Limit. B. This Policy applies 1. To Bodily Injury or Property Damage only if the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere and the Bodily Injury or Property Damage occurs during the Policy Period 2. To Personal and Advertising Injury only if the Personal and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business but only if the Occurrence was committed during the Policy Period and 3. To Bodily Injury Property Damage or Personal and Advertising Injury only if prior to the Policy Period no Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. no manager in your risk management insurance or legal department and no employee who was authorized by you to give or receive notice of an Occurrence claim or Suit knew that the Bodily Injury or Property Damage had occurred in whole or in part or that an Occurrence had been committed that caused Personal and Advertising Injury. If such an Insured manager or authorized employee knew prior to the Policy Period that the Bodily Injury or Property Damage had occurred or that an Occurrence had been committed that caused Personal and Advertising Injury then any continuation change or resumption of such Bodily Injury Property Damage or Personal and Advertising Injury during or after the Policy Period will be deemed to have been known prior to the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 1 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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C. Bodily Injury or Property Damage which occurs during the Policy Period or an Occurrence which was committed and caused Personal and Advertising Injury and was not prior to the Policy Period known to have occurred by any Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. any manager in your risk management insurance or legal department or any employee authorized by you to give or receive notice of an Occurrence claim or Suit includes any continuation change or resumption of that Bodily Injury Property Damage or Personal and Advertising Injury after the end of the Policy Period. D. Bodily Injury Property Damage or Personal and Advertising Injury will be deemed to have been known to have occurred at the earliest time when any Insured designated in Section VI. Definitions F. Paragraphs 1 and 2 any manager in your risk management insurance or legal department or any employee who was authorized by you to give or receive notice of an Occurrence claim or Suit 1. Reports all or any part of the Bodily Injury Property Damage or Personal and Advertising Injury to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the Bodily Injury Property Damage or Personal and Advertising Injury or 3. Becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur or an Occurrence has been committed that has caused or may cause Personal and Advertising Injury. E. This Policy does not apply to any Suit which is commenced prior to the effective date of this Policy where any Insured has been summoned or served with legal process in said Suit. F. Damages because of Bodily Injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the Bodily Injury. SECTION II. DEFENSE PROVISIONS A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal and Advertising Injury covered by this Policy even if the Suit is groundless false or fraudulent when 1. The total limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies or 2. The damages sought are covered by this Policy but are not covered by Scheduled Underlying Insurance even if the total applicable limits of the Scheduled Underlying Insurance have not been exhausted by the payment of Loss. If any law or statute prevents us from complying with this agreement we will reimburse the Insured for the expenses incurred to meet those obligations if we have given our written consent. B. We have no duty to defend the Insured against any Suit seeking damages to which this insurance does not apply. CUU 050 0805 XL America Inc. 2004 Page 2 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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C. When we assume the defense of any Suit against the Insured that seeks damages covered by this Policy we will 1. Investigate negotiate and settle the Suit as we deem expedient and 2. Pay the following supplementary payments to the extent that such payments are not covered by Scheduled Underlying Insurance or any applicable Other Insurance a. f. Premiums on bonds to release attachments for amounts not exceeding the Policy Limits of Insurance but we are not obligated to apply for or furnish those bonds Premiums for all appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this Policy but we are not obligated to apply for or furnish any such bond All court costs taxed against the Insured in the Suit that relate to claims to which this insurance applies Pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this Policy we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any pre judgment interest accruing after we make such offer All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this Policy and The Insured s expenses incurred at our request or with our consent. D. Except as provided in A. above we will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this Policy may apply. If we exercise this right we will do so at our own expense. E. Our right and duty to defend ends when we have used up the applicable Limits of Insurance in the payment of Loss. SECTION lIl. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 3 of the Declarations and rules below state the most we will pay for all damages under this Policy regardless of the number of 1 2 3. 4. Insureds. Claims made or Suits brought. Persons or organizations making claims or bringing Suits or. Coverages provided under this Policy. B. Subject to the Limits of Insurance of this Policy we will pay only that amount of Loss that is in excess of the Retained Limit. CUU 050 0805 XL America Inc. 2004 Page 3 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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. If there is an amount shown on the Declarations for the General Aggregate Limit that amount is the most we will pay for all damages except for damages because of 1. The ownership maintenance operation use or entrustment of an Auto covered by this Policy or 2. Bodily Injury or Property Damage included in the Products Completed Operations Hazard. If there is an amount shown on the Declarations for the Products Completed Operations Aggregate Limit that amount is the most we will pay for all damages included in the Products Completed Operations Hazard. If there is an amount shown on the Declarations for Combined Aggregate Limit that amount is the most we will pay for all damages except damages because of the ownership maintenance operation use or entrustment of an Auto. Subject to C. D. or E. above whichever applies the Each Occurrence Limit is the most we will pay for all damages for Bodily Injury Property Damage Personal and Advertising Injury that arises out of any one Occurrence.. The Limits of Insurance of this Policy apply only in excess of the Retained Limit. If however the total Policy limits for any Policy shown in the Schedule of Underlying Insurance forming part of this Policy has a total Limit of Insurance 1. Greater than the amount shown in such schedule this Policy will apply in excess of the greater amount or 2. Less than the amount shown in such schedule this Policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this Policy and Other Insurance that is applicable and collectible. Expenses incurred to defend any Suit or to investigate any claim as provided in Section Il will be in addition to the applicable Limits of Insurance of this Policy. Provided however that if such expenses reduce the applicable limits of Scheduled Underlying Insurance then such expenses will reduce the applicable Limits of Insurance of this Policy. If the total applicable limits of Scheduled Underlying Insurance are reduced or exhausted by the payment of Loss to which this Policy applies we will 1. In the event of such reduction subject to the terms and conditions of this Policy pay excess of the sum of any remaining total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance and 2. In the event of exhaustion of the total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance continue in force subject to the terms and conditions of this Policy. However if the limits of the Scheduled Underlying Insurance are not collectible for any reason other than reduction or exhaustion by the payment of Loss our obligations will not be increased and we will pay only those amounts in excess of the limits of Scheduled Underlying Insurance shown in the Schedule of Underlying Insurance. CUU 050 0805 XL America Inc. 2004 Page 4 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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J. We will not make any payment under this Policy unless and until 1. The total applicable limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies and any applicable limits of Other Insurance have been exhausted or 2. The total applicable Self Insured Retention has been satisfied by the payment of Loss to which this Policy applies. When the amount of Loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on behalf of the Insured the amount of such Loss within the applicable Limits of Insurance of this Policy. The Limits of Insurance of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than twelve 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this Policy. If an Occurrence to which this Policy applies results in Bodily Injury Property Damage or Personal and Advertising Injury that is continuous or progressively deteriorating over consecutive annual periods the maximum Limit of Insurance we will pay under this Policy and any other Policy we issue to any Insured including but not limited to any Policy which term is prior to or subsequent to this Policy will be the amount set forth in the Declarations of this Policy. SECTION IV. EXCLUSIONS A Aircraft or Watercraft This insurance does not apply to Bodily Injury or Property Damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading and unloading. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured if the Occurrence which caused the Bodily Injury or Property Damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any Insured. Asbestos This insurance does not apply to any liability arising out of 1. The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the Insured to indemnify a party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or CUU 050 0805 XL America Inc. 2004 Page 5 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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3. Any obligation to defend any Suit or claim against the Insured that seeks damages if such Suit or claim arises as the result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. C. Contractual Liability This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury for which the Insured is obligated to pay by reason of assumption of liability in a contract or agreement. This exclusion does not apply to 1. Liability for Bodily Injury Property Damage or Personal and Advertising Injury that the Insured would have in the absence of a contract or agreement or 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution and prior to the termination of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract reasonable attorney fees and litigation expenses incurred by or for a party other than an Insured are not deemed to be supplementary payments under Section II.C. 2. Such fees costs and expenses will be considered damages because of Bodily Injury or Property Damage and included in the Limits of Insurance of this Policy provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same Insured Contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Policy applies are alleged. D. Damage to Impaired Property Not Physically Injured This insurance does not apply to Property Damage to Impaired Property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in Your Product or Your Work or 2. A delay or failure by you or anyone acting on your 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. E. Damage to Property This insurance does not apply to Property Damage for 1. Property you own rent or occupy including any costs or expenses incurred by you or another 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 CUU 050 0805 XL America Inc. 2004 Page 6 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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2. Premises you sell give away or abandon if the Property Damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the Insured 5. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the Property Damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because Your Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are Your Work and were never 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. Paragraph 6. of this exclusion does not apply to Property Damage included in the Products Completed Operations Hazard. F. Damage to Your Product This insurance does not apply to Property Damage to Your Product arising out of it or any part of it. G. Damage to Your Work This insurance does not apply to 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. H. Electronic Data This insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. I. Employees and Volunteers This insurance does not apply to liability of any employee or volunteer qualifying as an Insured under this Policy arising out of Bodily Injury Property Damage or Personal and Advertising Injury CUU 050 0805 XL America Inc. 2004 Page 7 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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1. To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee 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 2. To the spouse child parent brother sister of such injured co employee or volunteer worker as a consequence of Paragraph 1.1 above 3. To the spouse child parent brother or sister of that co employee or volunteer worker who must pay damages because of the injury described in Exclusion I. 1. and 2. above or 4. Arising out of his or her providing or failing to provide professional health care services. Paragraphs 1. 2. and 3. of this exclusion do not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury Property Damage or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. J. Employment Practices This insurance does not apply to any liability arising out of 1. Failure to hire any prospective employee or any applicant for employment 2. Dismissal discharge or termination of any employee 3. Failure to promote or advance any employee or 4. Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a. Coercion harassment humiliation or discrimination b. Demotion evaluation reassignment discipline or retaliation c. Libel slander humiliation defamation or invasion of privacy or d. Violation of civil rights. 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. CUU 050 0805 XL America Inc. 2004 Page 8 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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K. ERISA This insurance does not apply to any obligation of the Insured under the Employment Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law. L. Expected or Intended Injury This insurance does not apply to Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. However this exclusion does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force by the Insured to protect persons or property. M. Liquor Liability This insurance does not apply to Bodily Injury or Property Damage for which any Insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling servicing or furnishing alcoholic beverages. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. N. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured or Underinsured Motorist law or any similar law. 0. Nuclear Liability This insurance does not apply to 1. Any liability a. With respect to which an Insured under this Policy is also an Insured under a nuclear energy liability Policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such Policy but for its termination upon exhaustion of its limit of liability CUU 050 0805 XL America Inc. 2004 Page 9 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 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 an agency thereof with any person or organization or Resulting from the hazardous properties of nuclear material if i The nuclear material 1 is at any nuclear facility owned by the Insured or operated by or on behalf of the Insured or 2 has been discharged or dispensed therefrom i 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 the Insured or iiiy The injury or damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. Hazardous properties includes radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below Nuclear facility means i any nuclear reactor i any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging wastes iii 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 Insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or CUU 050 0805 XL America Inc. 2004 Page 10 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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iv any structure basin excavation premises or place prepared or used for 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 g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material and h. Property Damage includes all forms of radioactive contamination of property. P. Personal and Advertising Injury This insurance does not apply to Personal and Advertising Injury 1. 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 the 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 For which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement 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 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 CUU 050 0805 XL America Inc. 2004 Page 11 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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c. AnlInternet search access content or service provider. However this exclusion does not apply to Paragraphs M. 1 2 and 3. of Personal and Advertising Injury under Section VI 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. 11. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control or 12. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in your e mail address domain name web page or internet domain or metatag or any other similar tactics to mislead another s potential customers. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan. Q. Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal and Advertising Injury 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 that is or was at any time owned or occupied by or rented or loaned to any Insured b. At or from any premises site or location that is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste c. That 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 d. 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 if the Pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor e. 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 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 f. That are contained in any property that is i Being transported or towed by handled or handled for movement into onto or from an Auto covered by Scheduled Underlying Insurance CUU 050 0805 XL America Inc. 2004 Page 12 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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i Otherwise in the course of transit by or on behalf of the Insured iii Being stored disposed of treated or processed in or upon an Auto covered by Scheduled Underlying Insurance g. i Before the Pollutants or any property in which the Pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto an Auto covered by Scheduled Underlying Insurance or i After the Pollutants or any property in which the Pollutants are contained are moved from the Auto covered by Scheduled Underlying Insurance to the place where they are finally delivered disposed of or abandoned by the Insured. 2. Any Loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or b. Claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. However this exclusion will not apply to Bodily Injury or Property Damage as described in Subparagraphs 1 through 6 below but only if such coverage is provided by Scheduled Underlying Insurance 1 Products Completed Operations Hazard Paragraphs 1. a. through 1. e. do not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a Discarded dumped abandoned thrown away or b Treated or handled as waste by anyone. 2 Hostile Fire Paragraphs 1. a. and 1. d. do not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. 3 Equipment to Heat the Building and Contractor Lessee Operations Paragraph 1. a. of this exclusion does not apply to a Bodily Injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. CUU 050 0805 XL America Inc. 2004 Page 13 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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4 Bodily Injury or Property Damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your Policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than that additional Insured. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. d. of this exclusion does not apply to a Bodily Injury or Property Damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the Bodily Injury or Property Damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or Bodily Injury or Property Damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. Fuels Lubricants Fluids etc. Auto Paragraph 1. f. of this exclusion 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 an Auto covered by Scheduled Underlying Insurance or its parts if a The Pollutants escape seep migrate or are discharged dispersed or released directly from an Auto part designed by its manufacturer to hold store receive or dispose of such Pollutants and The Bodily Injury or Property Damage does not arise out of the operation of any equipment listed in Paragraphs 6. b. and 6. c. of the definition of Mobile Equipment. Upset Overturn or Damage of an Auto Paragraph 1. g. does not apply to Occurrences that take place away from premises owned by or rented to an Insured with respect to Pollutants not in or upon an Auto covered by Scheduled Underlying Insurance if a The Pollutants or any property in which the Pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an Auto covered by Scheduled Underlying Insurance and The discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. CUU 050 0805 XL America Inc. 2004 Page 14 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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R. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any Loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 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. S. Securities This insurance does not apply to any liability arising out of 1. Any violation of any securities law or similar law or any regulation promulgated thereunder 2. The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3. Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4. The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. T. War This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury however caused arising directly or indirectly out of 1. War including undeclared or civil war 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by the governmental authority in hindering or defending against any of these. U. Workers Compensation This insurance does not apply to any obligation of the Insured under any workers compensation disability benefits or unemployment compensation law or any similar law. CUU 050 0805 XL America Inc. 2004 Page 15 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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SECTION V. CONDITIONS A Appeals If the Insured or the insurers providing Scheduled Underlying Insurance or Other Insurance do not appeal a judgment in excess of the total limits of Scheduled Underlying Insurance and Other Insurance we may elect to do so. If we appeal we shall be liable for in addition to the applicable Limits of Insurance of this Policy all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Audit We may audit and examine your books and records as they relate to this Policy at any time during the period of this Policy and for up to three 3 years after the expiration or termination of this Policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any insurers providing Scheduled Underlying Insurance or Other Insurance will not relieve us from the payment of Loss covered by this Policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. D. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy by mailing or delivering to the first Named Insured shown in the Declaration written notice of cancellation at least a. Ten 10 days before the effective date of cancellation for non payment of premium or b. Sixty 60 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the day and hour stated in the cancellation notice. If this Policy is cancelled we will send to the first Named Insured any premium refund due as follows a. If we cancel final premium will be calculated pro rata based on the time this Policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Item 6 of the Declarations. CUU 050 0805 XL America Inc. 2004 Page 16 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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E. b. If you cancel final premium will be more than pro rata it will be based on the time this Policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium shown in Item 6 of the Declarations. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the 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 you. 6. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Any of these provisions that conflict with a law that controls the cancellation of this Policy is changed by this statement to comply with that law. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this Policy. This Policy can be changed only by a written endorsement that we make a part of this Policy. Compliance with U.S. Treasury Department s Office of Foreign Assets Control OFAC In accordance with Office of Foreign Assets Control hereinafter referred to as OFAC regulations if it is determined that you or any other Insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance Policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an Occurrence that may result in a claim or Suit under this Policy. To the extent possible notice should include a. How when and where the Occurrence took place b. The names and addresses of any injured persons and any witnesses and c. The nature and location of any injury or damage arising out of the Occurrence. 2. If a claim is made or Suit is brought against any Insured which is reasonably likely to involve this Policy you must notify us in writing as soon as practicable Written notice should be mailed or delivered to the Company at the following address XL Insurance Claims Department One World Financial Center 200 Liberty Street 22nd Floor New York NY 10281 Attn Excess Casualty Claims Manager CUU 050 0805 XL America Inc. 2004 Page 17 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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3. You and any other involved Insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or Suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation settlement or defense of the claim or Suit and d. Assist us upon our request in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. For any Occurrence where notice has been given to us no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. Legal Actions Against the Company There will be no right of action against us under this insurance unless 1. You have complied with all the terms of this Policy and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. Maintenance of Scheduled Underlying Insurance During the Policy Period you agree 1. To keep Scheduled Underlying Insurance in full force and effect 2. That the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 3. That the total applicable limits of Scheduled Underlying Insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss and CUU 050 0805 XL America Inc. 2004 Page 18 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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4. That any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would had you fully complied with these requirements. In the event of bankruptcy liquidation insolvency or unwillingness of the insurer providing Scheduled Underlying Insurance to pay Loss covered by Scheduled Underlying Insurance we will be liable only to the same extent that we would have had the Scheduled Underlying Insurance been applicable and collectible. Other Insurance This insurance is excess over and shall not contribute with any of the Other Insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Policy. When this insurance is excess we will have no duty to defend the Insured against any Suit if any other insurer has a duty to defend the Insured against that Suit. If no other insurer defends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. When this insurance is excess over Other Insurance we will pay only our share of the Loss that exceeds the sum of 1. The total amount that all such Other Insurance would pay for the Loss in the absence of this insurance 2. The total of all deductible and self insured amounts under all that Other Insurance. Premium The first Named Insured designated in Item 1 of the Declarations shall be responsible for payment of all premiums when due. The premium for this Policy shall be computed on the basis set forth in ltem 6 of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in Item 6 of the Declarations. When this Policy expires or if it is cancelled we will compute the earned premium for the time this Policy was in force. If this Policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Item 6 of the Declarations for each twelve 12 months of the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 19 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Separation of Insureds Except with respect to the Limits of Insurance of this Policy and rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each Insured against whom claim is made or Suit is brought. Transfer of Rights of Recovery 1. 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 must do nothing after Loss to impair these rights and must help us enforce them. 2. Any recoveries shall be applied as follows a. 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 b. we then will be reimbursed up to the amount we have paid and c. 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 in the exercise of rights of recovery shall be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally determined. 3. If prior to the time of an Occurrence you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization. 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. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this Policy will be sufficient notice to effect cancellation of this Policy. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. CUU 050 0805 XL America Inc. 2004 Page 20 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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SECTION VI. DEFINITIONS A F. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an Advertisement. Auto means 1. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. Bodily injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired Property means tangible property other than Your Product or Your Work that can not be used or is less useful because 1. Itincorporates Your Product or Your Work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of Your Product or Your Work or 2. Your fulfilling the terms of the contract or agreement. Insured means 1. The Named Insured and 2. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. CUU 050 0805 XL America Inc. 2004 Page 21 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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G. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 3. Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. 4 Your volunteer workers but only while performing duties related to the conduct of your business. 5. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 6. Your legal representative if you die but only with respect to duties as such. That representative will have your rights and duties under this Policy. 7. Any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. No person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in Item 1 of the Declarations and b. No person or organization is an Insured under this Policy who is not an Insured under Scheduled Underlying Insurance. Insured Contract means 1. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an Insured Contract 2. Asidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad CUU 050 0805 XL America Inc. 2004 Page 22 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. An elevator maintenance agreement 6. 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. 7. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for Bodily Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs 6. and 7. 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 fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damages arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in G.2 above and supervisory inspection architectural or engineering activities. 4 That pertains to the loan lease or rental of an Auto to you or any of your employees if the Auto is loaned leased or rented with a driver or 5 That holds a person or organization engaged in the business of transporting property by Auto for hire harmless for your use of an Auto covered by Scheduled Underlying Insurance over a route or territory that person or organization is authorized to serve by public authority. Loss means those sums actually paid as judgments or settlements. Loss shall also mean expenses incurred to investigate a claim or defend a Suit if so provided in Scheduled Underlying Insurance. Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads CUU 050 0805 XL America Inc. 2004 Page 23 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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J. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1 2 3 or 4 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 a. Equipment designed primarily for i Snow removal ii Road maintenance but not construction or resurfacing or iii Street cleaning. b. Cherry pickers and similar devices mounted on Auto or truck chassis and used to raise or lower workers and c. 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 compulsory or financial responsibility law or other motor vehicle insurance law are considered Autos. Named Insured means 1. Any person or organization designated in Item 1 of the Declarations CUU 050 0805 XL America Inc. 2004 Page 24 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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2. Any organization in which you maintain an interest of more than fifty 50 percent as of the effective date of this Policy and to which more specific insurance does not apply provided that this Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty 50 percent in such organization and 3. Any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty 50 percent and to which more specific insurance does not apply provided that a. This Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization and b. You give us prompt notice after you acquire or form such organization. A partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part of this Policy. We may at our option make an additional premium charge for any organization that you acquire or form during the Policy Period. Notwithstanding any of the above no person or organization is a Named Insured under this Policy who is not a Named Insured under Scheduled Underlying Insurance. Occurrence means 1. As respects 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. 2. As respects Personal and Advertising Injury an offense arising out of your business that causes Personal and Advertising Injury. All damages that arise from the same related or repeated injurious material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Other Insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other Insurance also means any retention in a policy other than this Policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other Insurance does not include 1 Scheduled Underlying Insurance 2 the Self Insured Retention in this Policy or 3 any policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords.. Personal and Advertising Injury means injury arising out of your business including consequential Bodily Injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment CUU 050 0805 XL America Inc. 2004 Page 25 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5 Oral or written publication in any manner of material that violates a person s right of privacy 6. The use of another s advertising idea in your Advertisement or 7. Infringing upon another s copyright trade dress or slogan in your Advertisement. Policy Period means the period of time from the inception date shown in the Declarations to the earlier of the expiration date shown in the Declarations or the effective date of termination of this Policy.. 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. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. Products that are still in your physical possession or 2. Work that has not yet been completed or abandoned. However Your Work will be deemed competed at the earliest of the following times a. When all of the work called for in your contract has been completed b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Products Completed Operations 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 and that condition was 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. CUU 050 0805 XL America Inc. 2004 Page 26 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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