Client#: 2331365 16MANNMEC
DATE (MM/DD/YYYY)
ACORD TM CERTIFICATE OF LIABILITY INSURANCE 12/03/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER NAME: Sydney Griffin
McGriff Insurance Services LLC PHONE FAX
(A/C, No, Ext): 706 647-8121 (A/C, No): 888-831-8407
517 North Church Street E-MAIL
ADDRESS: Sydney.Griffin@mcgriff.com
Thomaston, GA 30286 INSURER(S) AFFORDING COVERAGE NAIC #
706 647-8121 INSURER A : Valley Forge Insurance Company 20508
INSURED INSURER B : The Continental Insurance Company 35289
Mann Mechanical Co. Inc. 20443
INSURER C : Continental Casualty Company
5370 Truman Dr. Suite K 23850
INSURER D : Tokio Marine Specialty Insurance Co.
Decatur, GA 30035-3919 20478
INSURER E : National Fire Insurance Co of Hartford
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY X X 7092713077 07/29/2024 07/29/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 500,000
X PD Ded:1,000 MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
PRO-
POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
E AUTOMOBILE LIABILITY X X 7092567411 07/29/2024 07/29/2025 COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY (Per accident) $
X Drive Oth Car $
B X UMBRELLA LIAB X OCCUR X X 7092567425 07/29/2024 07/29/2025 EACH OCCURRENCE $ 10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED X RETENTION $10000 $
WORKERS COMPENSATION PER OTH-
B AND EMPLOYERS' LIABILITY
X 7092567442 07/29/2024 07/29/2025 X STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
C Leased/Rented Equ 7092748931 07/29/2024 07/29/2025 $200,000
D Pollution/Profess PPK2693325 07/29/2024 07/29/2025 $5,000,000
C Install Floater 7092748931 07/29/2024 07/29/2025 $2,500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Subject to policy terms, conditions, forms, and exclusions, the insurance coverages afforded by the
policies above include the following when required by written contract for the certificate holder and/or
entities listed below: Blanket Additional Insured in regards to General Liability for ongoing and completed
operations, Automobile Liability and Umbrella Liability; Blanket Primary and Non-Contributory in regard to
General Liability, Automobile Liability and Umbrella Liability; Blanket Waiver of Subrogation in regards to
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
DeKalb County School District THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1701 Mountain Industrial ACCORDANCE WITH THE POLICY PROVISIONS.
Boulevard
Stone Mountain, GA 30083 AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S35849054/M35013123 KAMCC
DESCRIPTIONS (Continued from Page 1)
General Liability, Automobile Liability, Umbrella Liability and Workers Compensation; Per Project Aggregate
applies to General Liability.
***Crime Coverage- Employee Theft- Limit $550,000- Personal Account Protection- Forgery or Alteration-
Limit $500,000***
Project: 24-564 HVAC REPAIR AND INSTALLATION SERVICES
Entity: DeKalb County School District, 1701 Mountain Industrial Boulevard, Stone Mountain, GA 30083
SAGITTA 25.3 (2016/03) 2 of 2
#S35849054/M35013123
Mann Mechanical Co. Inc.
7092567411
Business Auto Policy
Policy Endorsement
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an
insured under any other liability "policy" providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or
joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
(2) Any such organization that is an insured under any other liability "policy" providing auto
coverage.
3. Any person or organization that you are required by a written contract to name as an additional
insured is an insured but only with respect to their legal liability for acts or omissions of a person,
who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability
Coverage is afforded under this policy. If required by written contract, this insurance will be primary
and non-contributory to insurance on which the additional insured is a Named Insured.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on
the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and
2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.
Form No: CNA63359XX (04-2012) Policy No:
Endorsement Effective Date: Endorsement Expiration Date: 7092567411
Endorsement No: ; Page: 1 of 4 Policy Effective Date:
Underwriting Company: 07/29/2024
Policy Page:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Business Auto Policy
Policy Endorsement
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles
The following is added to Section III, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
B. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to
provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to
provide:
a. $1,000 maximum, in lieu of $600.
D. Hired "Autos"
The following is added to Section III. Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired
Autos, then Physical Damage coverage is extended to:
a. Any covered auto you lease, hire, rent or borrow without a driver; and
b. Any covered auto hired or rented by your employee without a driver, under a contract in that
individual employee's name, with your permission, while performing duties related to the
conduct of your business.
c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost
of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
d. The physical damage coverage as is provided by this provision is equal to the physical damage
coverage(s) provided on your owned autos.
e. Such physical damage coverage for hired autos will:
(1) Include loss of use, provided it is the consequence of an accident for which the Named
Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing
or rental concern.
(2) Such coverage as is provided by this provision will be subject to a limit of $750 per
accident.
E. Airbag Coverage
The following is added to Section III, Paragraph B.3.:
The accidental discharge of an airbag shall not be considered mechanical breakdown.
Form No: CNA63359XX (04-2012) Policy No:
Endorsement Effective Date: Endorsement Expiration Date: 7092567411
Endorsement No: ; Page: 2 of 4 Policy Effective Date:
Underwriting Company: 07/29/2024
Policy Page:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Business Auto Policy
Policy Endorsement
F. Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed
electronic equipment including its antennas and other accessories
d. A $100 per occurrence deductible applies to the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III, Paragraph B.6.:
Subject to the following, the diminution in value exclusion does not apply to:
a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver
for a period of 30 days or less, while performing duties related to the conduct of your business;
and
b. Any covered auto of the private passenger type hired or rented by your employee without a
driver for a period of 30 days or less, under a contract in that individual employee's name, with
your permission, while performing duties related to the conduct of your business.
c. Such coverage as is provided by this provision is limited to a diminution in value loss arising
directly out of accidental damage and not as a result of the failure to make repairs; faulty or
incomplete maintenance or repairs; or the installation of substandard parts.
d. The most we will pay for loss to a covered auto in any one accident is the lesser of:
(1) $5,000; or
(2) 20% of the auto's actual cash value (ACV).
III. Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:
1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by,
and for Physical Damage Coverage while in the care, custody or control of, any of your "executive
officers", except:
a. An auto owned by that "executive officer" or a member of that person's household; or
b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing
or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
(1) Equal to the greatest of those coverages afforded any covered auto; and
(2) Excess over any other collectible insurance.
2. For purposes of this provision, "executive officer" means a person holding any of the officer positions
created by your charter, constitution, by-laws or any other similar governing document, and, while a
resident of the same household, includes that person's spouse.
Such "executive officers" are insureds while using a covered auto described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:
Form No: CNA63359XX (04-2012) Policy No:
Endorsement Effective Date: Endorsement Expiration Date: 7092567411
Endorsement No: Page: 3 of 4 Policy Effective Date:
Underwriting Company: 07/29/2024
Policy Page:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Business Auto Policy
Policy Endorsement
(4) Your employees may know of an accident or loss. This will not mean that you have such
knowledge, unless such accident or loss is known to you or if you are not an individual, to any
of your executive officers or partners or your insurance manager.
The following is added to Section IV, Paragraph A.2.b.:
(6) Your employees may know of documents received concerning a claim or suit. This will not mean
that you have such knowledge, unless receipt of such documents is known to you or if you are
not an individual, to any of your executive officers or partners or your insurance manager.
B. Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To
Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
You must agree to that requirement prior to an accident or loss.
C. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
D. Other Insurance
The following is added to Section IV, Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy
shall be on a primary non-contributory basis. This provision is applicable only when required by a
written contract.
That written contract must have been entered into prior to Accident or Loss.
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish,
mental injury or death resulting from any of these.
Form No: CNA63359XX (04-2012) Policy No:
Endorsement Effective Date: Endorsement Expiration Date: 7092567411
Endorsement No: Page: 4 of 4 Policy Effective Date:
Underwriting Company: 07/29/2024
Policy Page:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office, Inc., used with its permission.
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE
PART as follows. If any other endorsement attached to this policy amends any provision also amended by this
endorsement, then that other endorsement controls with respect to such provision, and the changes made by this
endorsement with respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury – Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability - Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury – Exception for Reasonable Force
11. General Aggregate Limits of Insurance – Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability – Damage To Premises / Alienated Premises / Property In The Named Insured's
Care, Custody or Control
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury – Discrimination or Humiliation
21. Personal And Advertising Injury - Contractual Liability
22. Property Damage - Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation – Blanket
26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs
CNA74705XX (1-15) Policy No: 7092713077
Page 1 of 17 Endorsement No:
Effective Date: 07/29/2024
Insured Name: Mann Mechanical Co. Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in
paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this
Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the
Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that
described by the applicable paragraph A. through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such
person or organization's liability for bodily injury, property damage or personal and advertising injury
arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new
construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with
respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury
as co-owner of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability
for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the
Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving
rise to such bodily injury, property damage or the offense giving rise to such personal and advertising
injury takes place prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for
bodily injury, property damage or personal and advertising injury arising out of the ownership,
maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property
damage or the offense giving rise to such personal and advertising injury takes place prior to the
CNA74705XX (1-15)
Page 2 of 17
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Contractors' General Liability Extension Endorsement
termination of such lease. The coverage granted by this paragraph does not apply to structural alterations,
new construction or demolition operations performed by, on behalf of, or for such additional insured.
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate
manager, but only with respect to liability for bodily injury, property damage or personal and advertising
injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named
Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the
offense giving rise to such personal and advertising injury, takes place prior to the termination of such
lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or
receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the
Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions – Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or
authorization but only with respect to such state or governmental agency or subdivision or political
subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to
which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,
sidewalk vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's
behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations
performed for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or
displayer, any person or organization whom the Named Insured is required to include as an additional
insured, but only with respect to such person or organization's liability for bodily injury, property
damage or personal and advertising injury caused by:
CNA74705XX (1-15)
Page 3 of 17
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Contractors' General Liability Extension Endorsement
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises
during the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included
within the products-completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is
amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will
not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is
excess of any other insurance available to such person or organization.
3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of
the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is
amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an
occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person
Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee
designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to
give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named
Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage
Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the
Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense
or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured
has management control:
a. on the effective date of this Coverage Part; or
CNA74705XX (1-15)
Page 4 of 17
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Contractors' General Liability Extension Endorsement
b. by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would
have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is
broader or narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage
Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or
transfer or sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this
insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that
first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of
management control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own
names or under such other trading names or doing-business-as names (dba) as any Named Insured
should choose to employ.
6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusions k. and I. and replace them with the following:
This insurance does not apply to:
k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting
from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.
I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products-completed
operations hazard.
This exclusion does not apply:
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(1) If the damaged work, or the work out of which the damage arises, was performed on the Named
Insured's behalf by a subcontractor; or
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages
arising out of any one occurrence because of property damage to your product and your work that is
caused by fire, smoke, collapse or explosion and is included within the product-completed operations
hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work
out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not
apply if an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY – RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is
replaced by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the
Named Insured assumes 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.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders 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;
(2) 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
(1) above and supervisory, inspection, architectural or engineering activities.
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8. ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability
Damages arising out of:
(1) any access to or disclosure of any person's or organization's confidential or personal information,
including patents, trade secrets, processing methods, customer lists, financial information, credit
card information, health information or any other type of nonpublic information; or
(2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
electronic data that does not result from physical injury to tangible property.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of
bodily injury.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named
Insured or others arising out of that which is described in Paragraph (1) or (2) above.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising
out of any one occurrence because of property damage that results from physical injury to tangible
property and arises out of electronic data.
C. The following definition is added to DEFINITIONS:
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.
D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition
of property damage in DEFINITIONS is replaced by the following:
Property damage means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of
use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to
occur at the time of the occurrence that caused it; or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate
electronic data, resulting from physical injury to tangible property. All such loss of electronic data 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.
E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then
the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition
to, that higher limit.
9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
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The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured
under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and
spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse,
where such claim seeks damages from marital community property, jointly held property or property transferred
from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an
estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such,
provided however that the spouse of a natural person Named Insured and the spouses of members or
partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts,
errors or omissions in the conduct of the Named Insured's business.
10. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the
following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion
does not apply to bodily injury or property damage resulting from the use of reasonable force to protect
persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT
A. For each construction project away from premises the Named Insured owns or rents, a separate
Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in
the Declarations, is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage
included in the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that
construction project. Such payments shall not reduce the General Aggregate Limit shown in the
Declarations, nor the Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single construction project, except damages because of bodily injury or property
damage included in the products-completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate
Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can
be attributed solely to ongoing operations at a particular construction project.
D. When coverage for liability arising out of the products-completed operations hazard is provided, any
payments for damages because of bodily injury or property damage included in the products-
completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in
the Declarations, regardless of the number of projects involved.
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E. If a single construction project away from premises owned by or rented to the Insured has been abandoned
and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to
apply as stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for
the Named Insured, will be treated in the same manner as though the action were in personam against the
Named Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental
to the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2) the bodily injury first occurs during the policy period. All bodily injury arising from an
occurrence will be deemed to have occurred at the time of the first act, error, or omission that is
part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to:
i. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees.
iii. add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims
based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status
or sexual orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
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any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal,
state or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
i. add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or
volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or
b. Good Samaritan services rendered in an emergency and for which no payment is demanded or
received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely
to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human
clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by
any common fact, circumstance, situation, transaction, event, advice or decision will be considered to
constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by
the Named Insured or while performing duties related to the conduct of the Named
Insured's business; and
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(2) bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of
the Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business;
when such bodily injury arises out of a health care incident.
b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the
following:
Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk
transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance
purchased specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES
WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the
Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture,
partnership or limited liability company terminated prior to or during the policy period, such Named Insured is
an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to
the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense first occurred after such termination date;
b. the bodily injury or property damage first occurred after such termination date; and
c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint
venture or limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up)
insurance program, then such insurance will always be considered valid and collectible for the purpose of
paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal
and advertising injury that would otherwise be covered under the Contractors General Liability Extension
Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP)
INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance
program.
15. LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
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A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the
following:
This insurance does not apply to:
j. Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by
you, or any other person, organization or entity, for repair, replacement, enhancement, restoration
or maintenance of such property for any reason, including prevention of injury to a person or
damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of
any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured;
(5) That particular part of real property on which the Named Insured or any contractors or
subcontractors working directly or indirectly on the Named Insured's 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.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by
fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7
or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To
You as described in LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work.
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.
Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor
ii. other personal property of others in the Named Insured's care, custody or control while being used
in the Named Insured's operations away from any Named Insured's premises.
However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property's installation, fabrication, or erection;
b. property that is mobile equipment leased by an Insured;
c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible
insurance, or would have such insurance but for exhaustion of its limits, or but for application of one
of its exclusions.
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A separate limit of insurance and deductible apply to such property of others. See LIMITS OF
INSURANCE as amended below.
B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of
any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to
other personal property of others in the Named Insured's care, custody or control, while being used in the
Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay
such property damage does not apply until the amount of such property damage exceeds $1,000. The
Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the
Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and
replaced by the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You
Limit is the most the Insurer will pay under Coverage A for damages because of property damage to
any one premises while rented to the Named Insured or temporarily occupied by the Named Insured
with the permission of the owner, including contents of such premises rented to the Named Insured for
a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater
of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily
occupied by the Named Insured with the permission of the owner; or for personal property of others in
the Named Insured's care, custody or control;
16. LIQUOR LIABILITY
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with
the following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily
injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or
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(2) the amount shown in the Declarations for Medical Expense Limit.
B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to
replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;
and
18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the
United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION
A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following
tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the
following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury 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. This
exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation
of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the
direction of:
(a) the Named Insured; or
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(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is
a limited liability company) of the Named Insured.
2. add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment,
past employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale,
rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental
entity because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR
HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives
solely from
Provision 1. ADDITIONAL INSURED of this endorsement; or
attachment of an additional insured endorsement to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not
apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY
A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -
CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such
suit are such that no conflict appears to exist between the interests of the Insured and the interests
of the indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that
indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses
incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will
not be deemed to be damages for personal and advertising injury and will not reduce the limits of
insurance.
C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if
Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to
this Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
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22. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and
(6) of the Damage to Property Exclusion do not apply to property damage that results from the use of
elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision,
the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any
other basis that is Property insurance covering property of others damaged from the use of elevators.
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a
$5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended
to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of
recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise
to the claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to
any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-
up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another
exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor
Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
CNA74705XX (1-15)
Page 16 of 17
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Contractors' General Liability Extension Endorsement
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or
was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to
pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named
Insured's ongoing operations at the project, or during such operations of anyone acting on the Named
Insured's behalf; nor
2. Bodily injury or property damage included within the products-completed operations hazard that
arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance
available to the Named Insured as a result of the Named Insured being a participant in a
consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement
in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for
which the prime contractor/project manager or owner of the construction project has secured general liability
insurance covering some or all of the contractors or subcontractors involved in the project, such as an
Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is
intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot
tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military
housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential
structure also does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this
Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below, and expires concurrently with said Policy.
CNA74705XX (1-15)
Page 17 of 17
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This page has been left blank intentionally.
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Valley Forge Insurance Company
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