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. Property Damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing services or any other media which are used with electronically controlled equipment. Retained Limit means 1. The total applicable limits of Scheduled Underlying Insurance providing coverage to the Insured or 2. The Self Insured Retention shown in the Declarations applicable to each Occurrence that results in Loss not covered by Scheduled Underlying Insurance. Scheduled Underlying Insurance means 1. The policy or policies of insurance or the limits of insurance shown in the Schedule of Underlying Insurance forming a part of this Policy and 2. Automatically any renewal or replacement of any policy in Paragraph 1. provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords. Self Insured Retention means the dollar amount set forth in Item 4 of the Declarations that will be paid by the Insured before this insurance becomes applicable but only with respect to Occurrences not covered by the Scheduled Underlying Insurance. The Self Insured Retention does not apply to Occurrences which would have been covered by Scheduled Underlying Insurance but for the exhaustion of applicable limits by the payment of Loss. The Insured s bankruptcy insolvency or inability to pay the Self Insured Retention shall not increase our obligation under this Policy. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this Policy applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or CUU 050 0805 XL America Inc. 2004 Page 27 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our expressed consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any Insured. V. Your Product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your Product includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Product and 2. The providing of or failure to provide warnings or instructions. Your Product does not include vending machines or other property rented to or located for the use of others but not sold. W. Your Work means 1. Work or operations performed by you or on your behalf and 2. Materials parts or equipment furnished in connection with such work or operations. Your Work includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Work and 2. The providing of or failure to provide warnings or instructions. CUU 050 0805 XL America Inc. 2004 Page 28 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Endorsement No. 02 Form Rev. 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. Contractual Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 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. Page Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 404 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 03 Form Rev. Page 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. Employee Benefits Liability Limitation Claims Made This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of 1. any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2. any act error or omission committed by or on behalf of the Insured solely in the performance of one or more of the following administrative duties or activities giving counsel to employees with respect to a Plan interpreting a Plan handling of records in connection with a Plan effecting enroliment termination or cancellation of employees under a Plan or any Claim against an Insured solely by reason of his her or its status as an administrator the Plan or you as sponsor of the Plan. ecooop However this exclusion will not apply to liability to the extent that applicable and collectible Scheduled Underlying Insurance for such liability exist or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by payment of Loss to which this endorsement 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 endorsement. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. a This policy will only provide coverage for a Claim made against the Insured during the Policy Period. Rev. Page b A Claim by any person or organization seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such Claim is received and recorded by any Insured in writing or 2. Notice of a Claim is reported to us in writing. CUU 406 0706 XL America Inc. 2004 Page 10f 2 | 2 |
Notwithstanding the above this insurance shall not apply to 1. any Claim alleging or arising out of the same Occurrence committed on or after the Retroactive Date set forth in the Scheduled Underlying Insurance if the Insured an officer manager in your risk management insurance or legal department or an employee who is authorized by you to give or receive such notice of an Occurrence knew as of the inception date of the policy that such Occurrence could result in a Claim. 2. any Claim alleging or arising out of the same Occurrence or series of continuous repeated or related Occurrence or alleging the same or similar facts alleged or contained in any Claim which has been reported or any Occurrence of which notice has been given under any policy of which this policy is a renewal replacement or succeeds in time. 3. any Claim alleging or arising out of any Claim or Suit pending as of the inception date of the policy or alleging or arising out of or related to any fact circumstance situation or Occurrence alleged in such Claim or Suit. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than coverage provided by the Scheduled Underlying Insurance. Section VI. DEFINITIONS is amended to include the following additional definitions Claim means a written demand upon the Insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the Insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a Plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is 1. a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. 2. apension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 3. a combination of 1. and 2. above. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 406 0706 XL America Inc. 2004 Page 2 of 2 | 2 |
Endorsement No. 04 Form Rev. Page 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. Batch Clause This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section III. Limits of Insurance Paragraph D. is amended to include the following As respects the Products Completed Operations Hazard all Bodily Injury or Property Damage arising out of one lot or batch of Your Product shall be considered one Occurrence and shall be deemed to have occurred when the first Bodily Injury or Property Damage arising out of that lot or batch occurred. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 413 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 05 Form Effective Date December 31 2013 Attached to and forming part of Policy No. Issued To KSPG Holding USA Inc. By XL Insurance America Inc. Lead Exclusion Rev. Issue Date US00006881LI13A This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Page Rev. Page Section IV. Exclusions are amended to add the following This insurance does not apply to 1. Bodily Injury Property Damage or Personal and Advertising Injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2. Any Loss cost or expense arising out of any request demand or order that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of lead or 3. Any Loss cost or expense arising out of any 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 lead. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 414 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 06 Form Rev. Page 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. Employers Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of Bodily Injury to any employee of the Insured arising out of and in the course of his or her employment by the Insured or performance of duties related to the conduct of the Insured s business. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily 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. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 419 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 07 Form Rev. Page 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. Products Completed Operations Hazard Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury or Property Damage arising out of the Products Completed Operations Hazard. 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 423 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 08 Form Rev. 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. Non Pyramiding of Limits Endorsement Page Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy The DECLARATIONS ITEM 3. LIMITS OF INSURANCE are amended to include the following If damages covered by this policy are also covered in whole or part by Policy Number US00006880LI13A or subsequent renewal of our total Limits of Insurance under both policies combined shall be 1.000.000 2.000.000 2.000.000 Each Occurrence General Aggregate in accordance with Section IIl. Limits of Insurance Products Completed Operation Aggregate in accordance with Section IIl. Limits of Insurance All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 434 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 09 Form Rev. Page 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. Standard Policy Modification Endorsement Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy 1. SECTION IIL LIMITS OF INSURANCE Item L. is deleted. 2. SECTION IV. EXCLUSIONS Item C. 2. Contractual Liability is amended as follows C. Contractual Liability 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution 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 IL.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 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. 3. SECTION VI. DEFINITIONS Item L. Other Insurance is deleted in its entirety and replaced with the following Other Insurance means a valid and collectible 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. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 435 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 10 Form Rev. Page 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. Aircraft Products and Grounding Exclusion This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury or Property Damage arising out of the Products Completed Operations Hazard relating to 1. Aircraft including missiles or spacecraft and any ground support or control equipment used therewith 2. Any other goods or products manufactured sold handled or distributed by the Insured or any services provided or recommended by the Insured or by others trading under the Insured s name for use in the manufacture repair operation or use of any aircraft 3. Any articles furnished by the Insured or by others trading under the Insured s name and installed in aircraft or used in connection with aircraft or for spare parts for aircraft including but not limited to ground handling tools and equipment training aids instructions manuals blueprints engineering or other advice or service relating to aircraft and any labor relating to such aircraft or articles. This insurance does not apply to Bodily Injury or Property Damage arising out of the grounding of any aircraft. For the purposes of this endorsement grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the Insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the Insured or with tools machinery or other equipment furnished to such persons or organizations by the Insured whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. A grounding shall be deemed to commence on the date of an Occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 601 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 11 Form Rev. Page 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. Engineers Architects or Surveyors Professional Liability Exclusion This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury arising out of the rendering or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Rev. Page Professional services include but are not limited to 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 603 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 12 Form Rev. Page 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. Automobile Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage Personal Injury or Advertising Injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any Auto. 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 Auto that is owned or operated by or rented or loaned to any Insured. This exclusion does 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 606 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 13 Form Rev. 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. Silica Or Silica Related Dust Exclusion Page Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions is amended to add the following This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury or Personal and Advertising Injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. DEFINITIONS Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 623 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with ts permission | 2 |
Endorsement No. 14 Form Rev. Page 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. Personal and Advertising Injury Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Personal and Advertising Injury. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 637 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with ts permission | 2 |
Endorsement No. 15 Form Rev. 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. Professional Liability Exclusion Page Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury arising out of any act error omission malpractice or mistake of the professional nature described as Professional Services below committed by the Insured or any person for whom the Insured is legally responsible. Professional Services All Professional Services All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 647 0706 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 16 Form Rev. Page 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. Exclusion of Certified Acts of Terrorism This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy A C. The following exclusion is added to the policy TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. The following definition is added for the purposes of this endorsement 1. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendments thereto. The criteria contained in the federal Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals acting as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The policy will not recognize the reduction or exhaustion of underlying limits of insurance by the payment of damages or expenses for the investigation or settlement of any claim or Suit involving a certified act of terrorism subject to this exclusion. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 665 0108 XL America Inc. 2008 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 17 Form Rev. Page 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. WISCONSIN CHANGES CANCELLATION AND NONRENEWAL This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy A. Paragraph 2. of Section V Conditions Paragraph D. Cancellation is replaced with the following 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 8. a. 10 days before the effective date of cancellation for non payment of premium or b. 60 days before the effective date of cancellation for any other reason. If this policy has been in effect for less than 60 days and is not a renewal policy we may cancel for any reason. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued except as provided in Paragraph 8. below we may cancel this policy only for one or more of the following reasons a. b. c. d. The policy was obtained by material misrepresentation There has been a substantial change in the risk we originally assumed except to the extent that we should have foreseen the change or considered the risk in writing the policy There have been substantial breaches of contractual duties conditions or warranties or Nonpayment of premium. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued the notice of cancellation will state the reason for cancellation. B. The following is added to the Cancellation Condition Anniversary Cancellation If this policy is written for a term of more than one year or has no fixed expiration date we may cancel this policy for any reason by mailing or delivering to the first Named Insured written notice of cancellation at least 60 days before the anniversary date of the policy. Such cancellation will be effective on the policy s anniversary date. We may cancel this policy because of the termination of an insurance marketing intermediary s contract with us only if the notice of cancellation contains an offer to continue the policy with us if we receive a written request from the first Named Insured prior to the date of cancellation. C. The following are added and supersedes any other provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured s last mailing address known to us. We may elect not to renew for any reason the notice will state the reason for nonrenewal. We will mail or deliver the notice at least 60 days before the expiration date of this policy. CUU 139 0805 XL America Inc. 2004 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission Rev. Page | 2 |
We need not mail or deliver the notice if 1 You have insured elsewhere 2 You have accepted replacement coverage 3 You have requested or agreed to nonrenewal of this policy or 4 This policy is expressly designated as nonrenewable. b. We may refuse to renew this policy because of the termination of an insurance marketing intermediary s contract with us only if the notice of nonrenewal contains an offer to renew the policy with us if we receive a written request from the first Named Insured prior to the renewal date. c. If you fail to pay the renewal or continuation premium by the premium due date this policy will terminate on the policy expiration or anniversary date if we have 1 Given you written notice of the renewal or continuation premium not more than 75 days nor less than 10 days prior to the due date of the premium and 2 Stated clearly in the notice the effect of nonpayment of premium by the due date. 2. Anniversary Alteration If this policy is written for a term of more than one year or has no fixed expiration date we may alter the terms or premiums of this policy by mailing or delivering written notice of less favorable terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this notice at least 60 days prior to the anniversary date. If we notify the first Named Insured within 60 days prior to the anniversary date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the policy at any time during the 60 day period in accordance with Paragraph 1. of the Policy Cancellation Condition. If the first Named Insured elects to cancel the policy during the 60 day period return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. 3. Renewal With Altered Terms If we elect to renew this policy but on less favorable terms or at higher premiums we will mail or deliver written notice of the new terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this notice at least 60 days prior to the renewal date. If we notify the first Named Insured within 60 days prior to the renewal date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the renewal policy at any time during the 60 day period in accordance with Paragraph 1. of the Policy Cancellation Condition. If the first Named Insured elects to cancel the renewal policy during the 60 day period return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. We need not mail or deliver this notice if the only change adverse to you is a premium increase that a. Is less than 25 and is generally applicable to the class of business to which this policy belongs or b. Results from a change based on your action that alters the nature or extent of the risk insured against including but not limited to a change in the classification or the units of exposure or increased policy coverage. CUU 139 0805 XL America Inc. 2004 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 18 Form Rev. 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. Fungi or Bacteria Liability Exclusion This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions is amended to add the following Fungi or Bacteria Page a. Bodily Injury property damage or personal and advertising Injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. DEFINITION Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 628 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |