FORESEE-01 FRADYL
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/16/2025
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 rights to the certificate holder in lieu of such endorsement(s).
CONTACT Lisa Frady
PRODUCER NAME:
Insurance Office of America PHONE FAX
(A/C, No, Ext): (770) 250-0161 (A/C, No): (678) 919-1151
100 Galleria Parkway E-MAIL
Suite 600 ADDRESS: Lisa.Frady@ioausa.com
Atlanta, GA 30339
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Continental Casualty Company 20443
INSURED INSURER B :
Foreman Seeley Fountain, Inc. INSURER C :
3091 Governors Lake Drive
Suite 150 INSURER D :
Norcross, GA 30071 INSURER E :
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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
2,000,000
CLAIMS-MADE X OCCUR 5085083729 3/1/2025 3/1/2026 DAMAGE TO RENTED
PREMISES (Ea occurrence) $
1,000,000
MED EXP (Any one person) $
10,000
PERSONAL & ADV INJURY $
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
4,000,000
POLICY X PRO-
JECT LOC PRODUCTS - COMP/OP AGG $
4,000,000
OTHER: $
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
1,000,000
ANY AUTO 5085083729 3/1/2025 3/1/2026 BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
PROPERTY DAMAGE
X HIRED
AUTOS ONLY X NON-OWNED
AUTOS ONLY (Per accident) $
$
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $
2,000,000
EXCESS LIAB CLAIMS-MADE 5085536747 3/1/2025 3/1/2026 AGGREGATE $
2,000,000
DED X RETENTION $ 10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
A Professional Liab. AEH004316891 4/1/2025 3/1/2026 Per Claim 4,000,000
A Claims-made AEH004316891 4/1/2025 3/1/2026 Aggregate 4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RFQu 24-752-017, A/E Continuing Contract for Professional Services
Any person or organization where required by written contact is an Additional Insured with respect to General Liability and is primary & non-contributory per
form #SB146968C 10/19, with respect to Hired/Non-Owned Auto Liability and is primary per form #SB146902G 06/16 and additional insured with respect to
Umbrella Liability per form #G15057C 06/05 and is Primary/Non-Contributory per form #G300429A 11/07. Waiver of Subrogation is in favor of the Additional
Insureds with respect to General Liability & Hired/Non-Owned Auto Liability per form #SB146968C 10/19. 30 days’ notice of cancellation with 10 days’ notice
for non-payment of premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
DeKalb County Board of Education
1780 Montreal Road
Tucker, GA 30084
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SB146968C
(Ed. 10-19)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as
an additional insured on this policy under a written contract or written agreement; but the written contract or written
agreement must be:
1. Crrently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury";
for which the additional insured seeks coverage
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property
damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations specified in the written contract or written agreement; or
c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or
"property damage" included in the "products-completed operations hazard," and only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage;
and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written
agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and
not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to
render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing
services on a project of which you serve as construction manager; or
b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of
which you serve as construction manager.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or
"personal and advertising injury" arising out of construction or demolition work while you are acting as a
construction or demolition contractor.
SB146968C (Ed. 10-19) Page 1 of 3
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SB146968C
(Ed. 10-19)
C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense,
Claim or Suit is amended to add the following :
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a
loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this
Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice
of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the
BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them
with the following :
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess,
contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be
primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional
insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no
other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against
all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any,
that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance
provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations
of this Coverage Part.
E. Additional Insured - Extended Coverage
When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section
entitled Who Is An Insured is amended to make the following natural persons insureds:
If the additional insured is:
1. An individual, then his or her spouse is an insured;
2. A partnership or joint venture, then its partners, members and their spouses are insureds;
;a;;;;;;;;;;;;;
3. A limited liability company, then its members and managers are insureds;
----
4. An organization other than a partnership, joint venture or limited liability company, then its executive officers,
directors and shareholders are insureds; or
5. Any type of entity, then its employees are insureds;
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only
with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not
insureds with respect to liability arising out of:
(1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in
paragraphs 1. through 4. above;
SB146968C (Ed. 10-19) Page 2 of 3
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SB146968C
(Ed. 10-19)
(2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or
(3) Providing or failing to provide professional health care services.
F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON
POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed to
waive such right of recovery in a written contract or agreement because of payments we make for injury or
damage arising out of your ongoing operations or "your work" done under a contract with that person or
organization and included within the "products-completed operations hazard."
All other terms and conditions of the Policy remain unchanged.
SB146968C (Ed. 10-19) Page 3 of 3
Copyright, CNA All Rights Reserved.
SB146902G
(Ed. 6-16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following :
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific limit is shown:
COVERAGE LIMIT
Hired Auto Liability: $
Non-owned Auto Liability: $
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
PROVISIONS
A. COVERAGE
With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided
under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or
"property damage" arising out of the maintenance or use of a:
• "Hired auto" used by you or your "employee" in the course of your business; and/or
• "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test
driving in connection with an "auto business."
With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1 . Business Liability
is amended to:
1. Delete paragraph A.1.b.(1)(b) and replace it with the following :
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(b) The "occurrence" occurs during the policy period; and
2. Delete paragraph A.1.b.(2),.
B. LIMITS OF INSURANCE
With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses
Limits of Insurance is deleted in its entirety and replaced with the following:
D. Limits Of Insurance
1. Regardless of the number of:
;a;;;;;;;;;;;;; a. Insureds;
;a;;;;;;;;;;;;;
--
b. Claims made or "suits" brought;
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c. Persons or organizations making claims or bringing "suits"; or
d. "Autos,"
the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most
we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage"
resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned
auto."
SB146902G (Ed. 6-16)
Page 1 of 3
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SB146902G
(Ed. 6-16)
C. EXCLUSIONS
With respect only to the insurance provided by this endorsement:
1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all
exclusions except exclusions a., b., d., e., f. and i. and to add the following exclusions:
This insurance does not apply to:
• Fellow Employee
"Bodily injury" to:
(1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or
while performing duties related to the conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of
Paragraph (1) above.
• Care, Custody or Control
"Property Damage" to:
(1) Property owned or being transported by, or rented or loaned to the insured; or
(2) Property in the care, custody or control of the insured.
D. WHO IS AN INSURED
With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following :
Each of the following is an insured under this insurance to the extent set forth below:
1. You ;
2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or
agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of
your business.
3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or
a "non-owned auto" except:
a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned
auto" or any agent or "employee" of any such owner or lessee;
b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household;
c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her
household under a lease or rental agreement for a period of 180 days or more;
d. Any partner or "executive officer'' with respect to any "auto" owned by such partner or officer or a member of
his or her household;
e. Any partner or "executive officer'' with respect to any "auto" leased or rented to such partner or officer or a
member of his or her household under a lease or rental agreement for a period of 180 days or more;
f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other
than an "auto business" you operate;
g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while
moving property to or from a "hired auto" or a "non-owned auto"; or
4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured
under 1., 2. or 3. above.
E. AMENDED DEFINITION
The Definition of "insured contract" in Section F - Definitions is amended by the addition of the following exceptions to
paragraph f.:
SB146902G (Ed. 6-16)
Page 2 of 3
Copyright, CNA All Rights Reserved.
SB146902G
(Ed. 6-16)
Paragraph f. does not include that part of any contract or agreement:
• That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned,
leased or rented with a driver; or
• That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless
for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by
public authority.
F. ADDITIONAL DEFINITIONS
Section F. Definitions is amended by the addition of the following definitions:
a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos."
b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business.
This does not include:
i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or
ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members
of their households.
c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the
course and scope of your business at the time of the "occurrence." This includes "autos" owned by your
"employees" or partners or members of their households but only while being used in the course and scope of
your business at the time of the "occurrence."
If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that
are being used in the course and scope of your business or personal affairs at the time of the "occurrence."
G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners
Common Policy Conditions is deleted and replaced with the following :
H. Other Insurance
1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is
excess over any other collectible insurance.
However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance
provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the
operation of a customer's "auto" by you or your "employee."
2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or
primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage
Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.
All other terms and conditions of the Policy remain unchanged.
;a;;;;;;;;;;;;;
-
;a;;;;;;;;;;;;;
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SB146902G (Ed. 6-16)
Page 3 of 3
Copyright, CNA All Rights Reserved.
G-15057-C
(Ed. 06/05)
COMMERCIAL UMBRELLA PLUS
COVERAGE PART
Various provisions in this policy restrict coverage. Read termination of this policy period; and (b) no
the entire policy carefully to determine rights, duties and "authorized insured" first knows of this "bodily
what is and is not covered. injury" or "property damage" until after the
termination of this policy period, then such
Throughout this policy the words "you" and "your" refer to first knowledge will be deemed to be during
the Named Insured identified under SECTION II - WHO IS this policy period.
AN INSURED of this policy.
b. "Bodily injury" or "property damage" which occurs
The word "insured" means any person or organization during the policy period and was not, prior to the
qualifying as such under SECTION II - WHO IS AN policy period, known to have occurred by any
INSURED. "authorized insured" includes any continuation,
The words "we," "us" and "our" refer to the Company change or resumption of that "bodily injury" or
providing this insurance. "property damage" after the end of the policy
period.
Other words and phrases that appear in quotation marks
have special meaning. Refer to SECTION V - c. "Bodily injury" or "property damage" will be deemed
DEFINITIONS. to have been known to have occurred at the
earliest time when any "authorized insured":
SECTION I - COVERAGES
(1) Reports all, or any part, of the "bodily injury" or
1. Insuring Agreement "property damage" to us or any other insurer;
We will pay on behalf of the insured those sums in (2) Receives a written or verbal demand, claim or
excess of "scheduled underlying insurance," "suit" for damages because of the "bodily
"unscheduled underlying insurance" or the "retained injury" or "property damage"; or
limit" that the insured becomes legally obligated to pay
as "ultimate net loss" because of "bodily injury," (3) Becomes aware by any other means that
"property damage" or "personal and advertising injury" "bodily injury" or "property damage" has
to which this insurance applies. occurred or has begun to occur.
a. This insurance applies to "bodily injury" and d. This insurance applies to "personal and advertising
"property damage" only if: injury" caused by an "incident" committed
anywhere in the world during the policy period.
(1) The "bodily injury" or "property damage" is
caused by an "incident" anywhere in the If we are prevented by law, statute or otherwise from
world; paying on behalf of the insured, then we will indemnify
the insured for those sums that the insured is legally
(2) The "bodily injury" or "property damage" obligated to pay as "ultimate net loss" because of
occurs during the policy period; and "bodily injury," "property damage" or "personal and
advertising injury" to which this insurance applies.
(3) With respect to "bodily injury" or "property
damage" that continues, changes or resumes 2. Exclusions
so as to occur during more than one policy
period, both of the following conditions are This Insurance does not apply to:
met: a. Expected or Intended Injury
;a;;;;;;;;;;;;; (i) Prior to the policy period, no "authorized "Bodily injury" or "property damage" expected or
iiiiiiii insured" knew that the "bodily injury" or intended from the standpoint of the insured. This
-"""""""' "property damage" had occurred, in whole
or in part; and
exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
(ii) During the policy period, an "authorized protect persons or property. This exclusion does
insured" first knew that the "bodily injury" not apply to Employers Liability claims for "bodily
;a;;;;;;;;;;;;;
or "property damage" had occurred, in injury" covered by "scheduled underlying
whole or in part. insurance."
For purposes of this Paragraph (1) a.(3) only, b. Contractual Liability
if (a) "bodily injury" or "property damage" that "Bodily injury," "property damage" or "personal
occurs during this policy period does not and advertising injury" for which the insured is
continue, change or resume after the obligated to pay damages by reason of the
G-15057-C Page 1 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
assumption of liability in a contract or agreement. However, this exclusion does not apply to
This exclusion does not apply to liability for paragraphs 10. a., b. and c. of "personal and
"ultimate net loss": advertising injury" under SECTION V -
DEFINITIONS;
(1) That the insured would have in the absence of
the contract or agreement; or For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
(2) Because of "bodily injury" or "property
you or others anywhere on the Internet, is not
damage" assumed in a contract or agreement by itself, considered the business of
that is an "insured contract," provided the advertising, broadcasting, publishing or
"bodily injury" or "property damage" occurs telecasting.
subsequent to the execution of the contract or
agreement. (10) Arising out of an electronic chatroom or
bulletin board the insured hosts, owns, or over
c. "Personal and advertising injury" Exclusions
which the insured exercises control; or
"Personal and advertising injury": (11) Arising out of the unauthorized use of
(1) Caused by or at the direction of the insured another's name or product in your e-mail
with the knowledge that the act would violate address, domain name or metatag, or any
the rights of another and would inflict other similar tactics to mislead another's
"personal and advertising injury"; potential customers.
(2) Arising out of oral or written publication of d. Workers' Compensation and Similar Laws
material, if done by or at the direction of the Any obligation of the insured under a:
insured with knowledge of its falsity;
(1) Workers' compensation;
(3) Arising out of oral or written publication of
material whose first publication took place (2) Disability benefits; or
before the beginning of the policy period;
(3) Unemployment compensation
(4) Arising out of a criminal act committed by or at
the direction of the insured; law or any similar law.
e. Employers Liability
(5) Arising out of a breach of contract, except an
implied contract to use another's advertising "Bodily injury" to:
idea in your "advertisement";
(1) An employee of the insured arising out of and
(6) Arising out of the failure of goods, products or in the course of:
services to conform with any statement of
quality or performance made in your (a) Employment by the insured; or
"advertisement"; (b) Performing duties related to the conduct
(7) Arising out of the wrong description of the of the insured's business; or
price of goods, products or services stated in (2) The spouse, child, parent, brother or sister of
your "advertisement"; that employee as a consequence of (1)
(8) Arising out of the infringement of copyright, above.
patent, trademark, trade secret or other This exclusion applies:
intellectual property rights;
(1) Whether the insured may be liable as an
However, this exclusion does not apply to employer or in any other capacity; and
infringement, in your "advertisement," of
copyright, trade dress or slogan; (2) To any obligation to share damages with or
repay someone else who must pay damages
(9) Committed by an insured whose business is: because of the injury.
(a) Advertising, broadcasting, publishing or This exclusion does not apply:
telecasting;
(1) To liability assumed by the insured under an
(b) Designing or determining content of "insured contract"; or
websites for others; or
(2) Only to the extent that coverage is provided
(c) An Internet search, access, content or by "scheduled underlying insurance."
service provider;
G-15057-C Page 2 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
f. Pollution from the covered "automobile" to the
place where they are finally:
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened (i) Delivered;
discharge, dispersal, seepage, migration,
(ii) Disposed of; or
release or escape of "pollutants":
(iii) Abandoned
(a) At or from any premises, site or location
which is or was at any time owned or by the insured.
occupied by, or rented or loaned to, any
insured; Subparagraphs (a) and (d)(i) do not apply to
"bodily injury" or "property damage" arising
(b) At or from any premises, site or location out of heat, smoke or fumes from a hostile
which is or was at any time used by or for fire.
any insured or others for the handling,
storage, disposal, processing or treatment As used in this exclusion , a hostile fire means
of waste; one which becomes uncontrollable or breaks
out from where it was intended to be.
(c) Which are or were at any time
transported, handled, stored, treated, Subparagraph (d)(i) does not apply to "bodily
disposed of, or processed as waste by or injury" or "property damage" arising out of the
for any insured or any person or escape of fuels, lubricants, or other operating
organization for whom you may be legally fluids which are needed to perform the normal
responsible; or electrical, hydraulic or mechanical functions
necessary for operation of "mobile equipment"
(d) At or from any premises, site or location or its parts, if such fuels, lubricants or other
on which any insured or any contractors operating fluids escape from a vehicle part
or subcontractors working directly or designed to hold, store or receive them. This
indirectly on any insured's behalf are exception does not apply if the "bodily injury"
performing operations: or "property damage" arises out of the
(i) If the "pollutants" are brought on or to intentional discharge, dispersal or release of
the fuels, lubricants or other operating fluids,
the premises, site or location in
or if such fuels, lubricants or other operating
connection with such operations by
such insured, contractor or fluids are brought on or to the premises, site
subcontractor; or or location with the intent that they be
discharged, dispersed or released as part of
(ii) If the operations are to test for, the operations being performed by such
monitor, clean up, remove, contain, insured, contractor or subcontractor.
treat, detoxify or neutralize, or in any
Subparagraph (e)(iii) does not apply to fuels,
way respond to, or assess the effects
lubricants, fluids, exhaust, gases or other
of "pollutants."
similar "pollutants" that are needed for or
(e) That are, or that are contained in property result from the normal electrical, hydraulic or
that is: mechanical functioning of the covered
"automobile" or its parts if the "pollutants"
(i) Being transported or towed by, or
escape or are discharged, dispersed or
handled for movement into, onto or released directly from an "automobile" part
from a covered "automobile"; designed by its manufacturer to hold, store,
(ii) Otherwise in the course of transit; receive or dispose of such "pollutants."
--
;a;;;;;;;;;;;;;
"""""""'
(iii)Being stored, disposed of, treated or
processed in or upon the covered
"automobile";
Subparagraphs (f) and (g) do not apply if the
"pollutants" or property in which the
"pollutants" are contained are upset,
overturned or damaged as a result of the
(f) Before the "pollutants" or property in maintenance or use of a covered "automobile"
which the "pollutants" are contained are and the discharge, dispersal, release or
;a;;;;;;;;;;;;; moved from the place where they are escape of the "pollutants" is caused directly
accepted by the insured for movement by such upset, overturn or damage.
into or onto the covered "automobile"; or
(2) "Personal and advertising injury" arising out of
(g) After the "pollutants" or property in which the actual , alleged or threatened discharge,
the "pollutants" are contained are moved dispersal, seepage, migration, release or
escape of "pollutants" at any time.
G-15057-C Page 3 of 17
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(Ed. 06/05)
(3) Any loss, cost or expense arising out of any: This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
(a) Request, demand or order that any
in the supervision, hiring, employment, training, or
insured or others test for, monitor, clean monitoring of others by that insured, if the
up, remove, contain, treat, detoxify or "incident" which caused the "bodily injury" or
neutralize, or in any way respond to, or "property damage" involved the ownership,
assess the effects of "pollutants"; or maintenance, use or entrustment to others of any
(b) Claim or "suit" by or on behalf of a "aircraft" that is owned or operated by or rented or
governmental authority for damages loaned to any insured.
because of testing for, monitoring, i. War
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in Any liability arising out of:
any way responding to, or assessing the
effects of "pollutants."
(1} War, including undeclared or civil war;
g. Watercraft (2) Warlike action by a military force, including
action in hindering or defending against an
"Bodily injury" or "property damage" arising out of actual or expected attack, by any
the: government, sovereign or other authority
using military personnel or other agents; or
(1) Ownership;
(3) Insurrection, rebellion, revolution, usurped
(2) Maintenance;
power, or action taken by governmental
(3) Use; or authority in hindering or defending against
any of these.
(4) Entrustment to others
j. Damage to Property
of a "watercraft" owned or operated by or rented or
loaned to an insured. Use includes operation or "Property damage" to:
"loading or unloading." (1) Property you own, rent, or occupy, including
This exclusion applies even if the claims against any costs or expenses incurred by you, or any
any insured allege negligence or other wrongdoing other person, organization or entity, for repair,
in the supervision, hiring, employment, training, or replacement, enhancement, restoration or
monitoring of others by that insured, if the maintenance of such property for any reason,
"incident" which caused the "bodily injury" or including prevention of injury to a person or
"property damage" involved the ownership, damage to another's property;
maintenance, use or entrustment to others of any (2) Premises you sell, give away or abandon, if
watercraft that is owned or operated by or rented the "property damage" arises out of any part
or loaned to any insured. of those premises;
This exclusion does not apply to: (3) Property loaned to you;
(1) A "watercraft" while ashore on premises you
(4) Personal property in the care, custody or
own or rent; control of the insured;
(2) A "watercraft" you do not own that is:
(5) That particular part of real property on which
(a) Less than 55 feet long; and you or any contractors or subcontractors
working directly or indirectly on your behalf
(b) Not being used to carry persons or are performing operations, if the "property
property for a charge; or damage" arises out of those operations; or
(3) Liability assumed under an "insured contract" (6) That particular part of any property that must
for the ownership, maintenance or use of be restored, repaired or replaced because
"watercraft." "your work" was incorrectly performed on it.
h. Aircraft Paragraph (2) of this exclusion does not apply if
The ownership, maintenance, operation, use, the premises are "your work" and were never
entrustment to others or "loading or unloading" of occupied, rented or held for rental by you.
any "aircraft": Paragraphs (3), (4), (5) and (6) of this exclusion do
(1) Owned by an insured; or not apply to liability assumed under a sidetrack
agreement.
(2) Chartered without crew by an insured or on an
insured's behalf.
G-15057-C Page 4 of 17
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(Ed. 06/05)
Paragraph (6) of this exclusion does not apply to q. Uninsured/Underinsured Motorist and Similar
"property damage" included in the "products- Laws
completed operations hazard."
Liability imposed on the insured under an
k. Damage to your Product uninsured/underinsured motorist law, a personal
injury protection law, a reparations benefit law or
"Property damage" to "your product" arising out of other similar law.
it or any part of it.
r. Electronic Data
I. Damage to you Work
Any liability arising out of the loss of, loss of use
"Property damage" to "your work" arising out of it of, damage to, corruption of, inability to access, or
or any part of it and included in the "products- inability to manipulate "electronic data."
completed operations hazard."
s. Nonemployment Related Discrimination
This exclusion does not apply if the damaged
work or the work out of which the damage arises To any alleged or actual nonemployment related
was performed on your behalf by a subcontractor. discrimination committed intentionally against a
person.
m. Damage to Impaired Property or Property Not
Physically Injured t. Asbestos
"Property damage" to "impaired property" or (1) "Bodily Injury," "property damage" or
property that has not been physically injured, "personal and advertising injury" arising out of
arising out of: the actual, alleged or threatened exposure at
any time to "asbestos"; or
(1) A defect, deficiency, inadequacy or dangerous
condition in "your product" or "your work"; or (2) Any loss, cost or expense that may be
awarded or incurred:
(2) A delay or failure by you or anyone acting on
your behalf to perform a contract or (a) By reason of a claim or "suit" for any such
agreement in accordance with its terms. injury or damage; or
This exclusion does not apply to the loss of use of (b) In complying with a governmental
other property arising out of sudden and direction or request to test for, monitor,
accidental physical injury to "your product" or clean up, remove, contain or dispose of
"your work" after it has been put to its intended "asbestos."
use.
u. Fungi and Microbes
n. Recall of Products, Work Or Impaired Property
(1) "Bodily injury," "property damage" or
Damages claimed for any loss, cost or expense "personal and advertising injury," which would
incurred by you or others for the loss of use, not have occurred, in whole or in part, but for
withdrawal , recall, inspection, repair, replacement, the actual, alleged or threatened inhalation of,
adjustment, removal or disposal of: ingestion of, contact with, exposure to,
existence of, or presence of any "fungi or
(1) "Your product";
microbes"; or
(2) "Your work"; or
(2) Any loss, cost, or expense arising out of the
(3) "Impaired property"; testing for, monitoring, cleaning up, removing,
containing, treating, detoxifying, neutralizing,
if such product, work, or property is withdrawn or remediating , or disposing of, or in any way
recalled from the market or from use by any responding to or assessing the effects of
;a;;;;;;;;;;;;;
person or organization because of a known or "fungi or microbes" by any insured or by
-"""""""'
;a;;;;;;;;;;;;;
suspected defect, deficiency, inadequacy or
dangerous condition in it.
anyone else.
This exclusion applies regardless of any other
o. E.R.I.S.A. cause or event that contributes concurrently or in
Liability for alleged or actual violations of the any sequence to such injury or damage, loss, cost
;a;;;;;;;;;;;;;
Employees Retirement Income Security Act of or expense.
1974 or any amendments or additions thereto. v. Silica
p. Directors and Officers (1) "Bodily injury" arising in whole or in part out of
Liability for a wrongful act, error, omIssIon or the actual, alleged or threatened respiration or
breach of duty by an insured in the performance of ingestion at any time of "silica;" or
the office of director or officer of an organization.
G-15057-C Page 5 of 17
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(Ed. 06/05)
(2) "Personal and advertising injury" or "property To the extent that this insurance applies to an
damage" arising in whole or in part out of the "automobile" or "mobile equipment" it is further
actual, alleged or threatened presence of subject to the pollution exclusion, exclusion f. of
"silica." this policy.
w. Named Insured vs. Named Insured Use includes operation or "loading or unloading."
Any liability arising out of claims or "suits" by a bb. Do Not Call
named insured against another named insured.
Any liability arising directly or indirectly out of any
x. Employment Related Practices action or omission that violates or is alleged to
violate:
Any liability arising out of:
(1) The Telephone Consumer Protection Act
(1) A refusal to employ;
(TCPA), including any amendment of or
(2) Termination of employment; addition to such law; or
(3) Demotion, evaluation, reassignment, (2) The CAN-SPAM Act of 2003, including any
discipline; amendment of or addition to such law; or
(4) Coercion, defamation, discrimination, (3) Any statute, ordinance or regulation, other
harassment or humiliation; or than the TCPA or the CAN-SPAM Act of 2003,
that prohibits or limits the sending,
any other employment related practices, policies, transmitting, communicating or distribution of
acts or omissions. material or information.
y. Terrorism Limitation SECTION II - WHO IS AN INSURED
"Bodily injury" or "property damage" arising out of 1. Named Insured means any individual or organization
any act of terrorism, unless, and then only to the stated in the Declarations of this policy and if you are
extent that coverage is provided by "scheduled designated in the Declarations of this policy as:
underlying insurance."
a. An individual, you and your spouse, but only with
z. Liquor Liability Limitation respect to the conduct of a business of which you
"Bodily injury" or "property damage" for which an are the sole owner.
insured may be held liable by reason of: If you are designated in the Declarations of this
(1) Causing or contributing to the intoxication of policy as an individual, this policy shall not apply
any person; to liability arising out of your domestic or non-
business activities. This does not apply to the
(2) The furnishing of alcoholic beverages to a ownership, maintenance, use or "loading or
person under the legal drinking age or under unloading" of any "automobile," or to the Personal
the influence of alcohol; or Umbrella Liability Coverage Part.
(3) Any statute, ordinance or regulation relating to b. A partnership or joint venture, you and your
the sale, gift, distribution or use of alcoholic members, your partners, and their spouses, but
beverages; only with respect to the conduct of your business.
unless, and then only to the extent that coverage No person or organization is an insured with
is provided by "scheduled underlying insurance." respect to the conduct of any current or past
aa. Auto and Mobile Equipment Limitation partnership or joint venture that is not shown as a
Named Insured in the Declarations.
Any liability arising out of the:
c. An organization other than a partnership or joint
(1) Ownership; venture, you and your executive officers and
directors, but only with respect to their duties as
(2) Maintenance;
your officers or directors. Your stockholders are
(3) Use; or also named insureds, but only with respect to their
liability as stockholders.
(4) Entrustment to others
d. A limited liability company, you and your
of an "automobile" or "mobile equipment" owned members, but only with respect to the conduct of
or operated by or rented or loaned to an insured your business. Your managers are also named
unless, and then only to the extent that coverage insureds but only with respect to their duties as
is provided by "scheduled underlying insurance." your managers.
G-15057-C Page 6 of 17
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(Ed. 06/05)
No person or organization is an insured with you, any of your employees, "volunteer
respect to the conduct of any current or past workers" any partner or member (if you are a
limited liability company that is not shown as a partnership or joint venture) or any member (if
Named Insured in the Declarations. you are a limited liability company).
e. A corporation or organization, other than b. A person or organization for whom you are
partnerships, joint ventures or limited liability required , by virtue of a written contract entered
companies, that you form , acquire or gain control into prior to the "bodily injury," "property damage"
of during the policy period, but only with respect to or "personal and advertising injury" occurring or
"bodily injury," "property damage" or "personal and being committed, to provide the insurance that is
advertising injury" taking place after you form, afforded by this policy. This insurance applies only
acquire or gain control of such corporation or with respect to operations by you or on your behalf
organization. or to facilities you own or use, but only to the
extent of the limits of insurance required by such
2. Insured means the Named Insured and:
contract, not to exceed the limits of insurance in
a. Your "volunteer workers" only while performing this policy.
duties related to the conduct of your business, or c. Any other persons or organizations included as an
your employees, other than your executive officers
insured under the provisions of the "scheduled
and directors (if you are an organization other than underlying insurance" shown in the Declarations
a partnership, joint venture or limited liability of this policy and then only for the same coverage,
company) or your members (if you are a limited except for limits of insurance, afforded under such
liability company ) but only for acts within the "scheduled underlying insurance."
scope of their employment by you or while
performing duties related to the conduct or your However, If a blanket additional insured
business. However, none of these employees or endorsement is attached to the general liability
"volunteer workers" is an insured for: "scheduled underlying insurance" pursuant to a
written or oral contract or agreement between you
(1) "Bodily injury" or "personal and advertising
and another person or organization (called
injury": additional insured), this insurance is excess over
(a) To you; to your partners or members (if such insurance provided to the additional insured
you are a partnership or joint venture) to subject to the following conditions:
your members (if you are a limited liability (1) If the limits specified in the written contract or
company) or to a co-employee while in agreement are less than the limits provided by
the course of his or her employment or the "scheduled underlying insurance," then no
performing duties related to the conduct coverage is provided to the additional insured
of your business, or to your other under this policy.
"volunteer workers" while performing
duties related to the conduct of your (2) If the limits specified in the written contract or
business; agreement are greater than the limits provided
by the "scheduled underlying insurance," then
(b) To the spouse, child, parent, brother or
this insurance is excess over the insurance
sister of that co-employee or "volunteer provided by the "scheduled underlying
worker" as a consequence of Paragraph insurance." The limits of insurance for the
(1)(a) above;
additional insured are the lesser of:
(c) For which there is any obligation to share (i) The limits specified in the written contract;
damages with or repay someone else or
who must pay damages because of the
---
;a;;;;;;;;;;;;;
injury described in Paragraphs (1)(a) or (ii) The limits of the "scheduled underlying
(b) above; or insurance" plus the limits of this policy.
;a;;;;;;;;;;;;;
(d) Arising out of his or her providing or SECTION Ill - LIMITS OF INSURANCE
"""""""' failing to provide professional health care
1. The Limits of Insurance shown in the Declarations and
services.
the rules below fix the most we will pay regardless of
;a;;;;;;;;;;;;;
(2) "Property damage" to property: the number of:
(a) Owned, occupied or used by; a. Insureds;
(b) Rented to, in the care, custody or control b. Claims made or "suits" brought;
or, or over which physical control is being
exercised for any purpose by
c. Persons or organizations making claims or
bringing "suits."
G-15057-C Page 7 of 17
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d. "Automobiles," "aircraft" or "watercraft" to which than 12 months. In that case, the additional period will
this policy applies; or be deemed part of the last preceding period for
purposes of determining the limits of insurance.
e. Coverages under which loss is insured in this
policy. SECTION IV - CONDITIONS
2. The limit of insurance shown in the Declarations as the 1. Financial Impairment
Aggregate Limit is the most we will pay for the sum of
all "ultimate net loss," to which this insurance applies Bankruptcy, rehabilitation, receivership, liquidation or
and applies separately to all "ultimate net loss": other financial impairment of you or an "underlying
insurer" shall neither relieve nor increase any of our
a. Included in the "products-completed operations obligations under this policy.
hazard";
In the event there is diminished recovery or no
b. To which, and in the same manner, an aggregate recovery available to you as a result of such financial
limit applies under "scheduled underlying impairment of an insurer providing "scheduled
insurance" other than "ultimate net loss" included underlying insurance," the coverage under this policy
in the "products-competed operations hazard"; shall apply only in excess of the limits of insurance
and stated in the "scheduled underlying insurance." Under
no circumstances shall we be required to drop down
c. To which no "scheduled underlying insurance" and replace the limits of insurance, or assume the
applies. obligations of a financially impaired insurer.
The Aggregate Limit does not apply to "ultimate net
2. Duties of the Insured
loss" for which no aggregate limit applies in the
"scheduled underlying insurance." a. In the event of an "incident" which has not resulted
in a claim or suit.
3. Subject to 2. above, the limit of insurance shown in the
Declarations as the Each Incident limit is the most we Whenever you have information of an "incident"
will pay for the sum of all "ultimate net loss" to which which involves injuries or damages likely to
this insurance applies arising arising out of any one involve this policy, written notice shall be given by
"incident." or for you to us or to our authorized agent as soon
as practicable. The notice shall contain:
4. In the event of reduction or exhaustion of the
aggregate limits of insurance under "scheduled (1) Particular information sufficient to identify the
underlying insurance" solely by reason of payments of insured;
a combination of covered:
(2) Such information as can be reasonably
a. Expenses; obtained with respect to time, place and
circumstances of the occurrence or offense;
b. Settlements; or and
c. Judgments (3) Names and addresses of the insured and of
paid thereunder as a result of "bodily injury," property available witnesses.
damage" or "personal and advertising injury" taking b. In the Event of Claims or Suit
place during this policy period, this policy shall, subject
to this limit of insurance provision and to the remaining You shall provide us with written notice as soon as
terms and provisions and conditions of this policy: practicable whenever:
a. Apply in excess of such reduction of "scheduled (1) A claim is made or "suit" is brought against
underlying insurance"; or you;
b. Apply in place of the exhausted amount of (2) You receive notice that a right to bring claim
"scheduled underlying insurance." or "suit" against you will be asserted; or
Nothing in a. or b. above shall serve to increase the (3) You obtain information that the obligation of
limits of insurance shown in the Declarations. "underlying insurers" to:
5. The limits of this policy shall apply separately to: (a) Investigate;
a. Each consecutive annual period; and (b) Defend;
b. Remaining periods of less than 12 months; (c) Pay on behalf of; or
starting with the beginning of the policy period shown (d) Indemnify
in the Declarations, unless the policy period is
extended after issuance for an additional period of less you has ceased.
G-15057-C Page 8 of 17
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Every demand, notice, summons, amended brought. However, the inclusion of more than one
complaint or other process received by you or insured shall not operate to increase the limits of
your representative shall be forwarded with each insurance.
notice.
8. Annual Rating
3. Legal Action Against Us
If this policy is issued for a period in excess of one
No legal action shall be brought against us unless you year, the premium may be revised on each annual
have fully complied with all the terms of this policy and anniversary in accordance with our rates and rules in
the amount of your obligation to pay has been finally effect at that time.
determined either by:
9. "Scheduled Underlying Insurance"
a. Judgment against you after actual trial; or
Material change in premium for "scheduled underlying
b. Written agreement between us, you and the insurance" shall be promptly reported to us. Premium
claimant. for this policy may be adjusted to reflect changes in
underlying insurance in accordance with our manuals
4. Other Insurance
in effect at the time of the change.
This insurance is excess over and will not contribute 10. Maintenance of "Scheduled Underlying Insurance"
with any other insurance available to the insured
whether such other insurance is stated to be primary, While this policy is in force you agree that the policies
contributory, excess, contingent or otherwise. This listed in the Declarations as "scheduled underlying
condition does not apply to insurance purchased insurance" and their renewals and replacements shall
specifically to apply in excess of this insurance. be maintained, without alterations of terms or
conditions, in full effect during the term of this policy;
5. Premium Audit
except for reduction or exhaustion of the aggregate
a. We will compute all premiums for this policy in limits of insurance in the "scheduled underlying
accordance with our rules and rates. insurance," provided that such reduction or exhaustion
is solely the result of "incidents" taking place during
b. If the premium is shown in the Declarations as flat, this policy period, and not before. If you fail to maintain
the premium for this policy is not subject to "scheduled underlying insurance," this condition shall
adjustment. not invalidate this policy. However, in the event of
c. If the premium is shown in the Declarations as such failure, we will only be liable to the same extent
adjustable, the premium shown as the advance as if you had complied with this condition.
premium is a deposit premium only. At the close of 11. Appeals
each audit period we will compute the earned
premium for that period. Audit premiums are due If you or your "underlying insurers" elect not to appeal
and payable on notice to the first Named Insured a judgment in excess of the limits of insurance
shown in the Declarations. If the sum of the afforded by the:
advance and audit premiums paid for the policy a. "Scheduled underlying insurance";
term are greater than the earned premium, we will
return the excess, subject to the minimum b. "Unscheduled underlying insurance"; or
premium, to the first Named Insured shown in the
Declarations.
c. "Retained limit";
d. The first Named Insured shown in the we may elect to appeal. Our limit of liability shall not
Declarations must keep records of the information be increased because of such appeal. We will,
we need for premium computation, and send us however, pay the following costs and expenses:
copies at such times as we request. a. All premium bonds to release attachments for an
--
;a;;;;;;;;;;;;;
6. Nonrenewal amount not in excess of the applicable limit of
-"""""""' If we decide not to renew this policy, we will mail or
deliver to the first Named Insured shown in the
liability of this policy;
b. All premiums on appeal bonds required in such
defended "suit," but without obligation to apply for
Declarations written notice of the nonrenewal not less
or furnish such bonds;
;a;;;;;;;;;;;;;
than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient c. Court fees;
proof of notice. d. Costs and expenses taxed against you by the
7. Severability of Interests appellate court and interest accruing after entry of
a judgment against you and before we have:
The insurance afforded applies separately to each
(1) Paid;
insured against whom claim is made or "suit" is
G-15057-C Page 9 of 17
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(Ed. 06/05)
(2) Offered to pay; or such payments in full if the insured first named fails to
pay the amount due within 30 days after we give
(3) Deposited in court
written notice or demand.
the part of the judgment that is within the 15. Trade Sanctions
applicable limit of insurance. Where the
"underlying insurers" terminate their liability to pay In accordance with laws and regulations of the United
interest on the judgment by an offer to pay their States concerning economic and trade embargoes,
limits, you shall demand that such limits be paid. If this policy is void ab initio (void from its inception) with
the appeal is successful, such amounts not respect to any term or condition of this policy that
obligated to be paid shall be returned to such violates any laws or regulations of the United States
"underlying insurer." concerning economic and trade embargoes including,
but not limited to the following:
12. Subrogation
a. Any insured, or any person or entity claiming the
In the case of any payments by us under the benefits of an insured, who is or becomes a
coverages of this policy, we shall be subrogated to all Specially Designated National or Blocked Person
rights of recovery against any other party which you or who is otherwise subject to U.S. economic or
may have and will cooperate with you and all other trade sanctions;
interests. Amounts recovered shall be apportioned in
the following order: b. Any claim or "suit" that is brought in a Sanctioned
Country or by a Sanctioned Country Government,
a. Amounts paid in excess of the payments under where any action in connection with such claim or
this policy shall first be reimbursed up to the "suit" is prohibited by U.S. economic or trade
amount paid by those, including you, who made sanctions;
such payments;
c. Any claim or "suit" that is brought by any Specially
b. We are then to be reimbursed up to the amount Designated National or Blocked Person or any
we paid; person or entity who is otherwise subject to U.S.
c. Any remainder shall be available to the interests of economic or trade sanctions;
those over whom this coverage is in excess and d. Property that is located in a Sanctioned Country or
who are entitled to claim such remainder. that is owned by, rented to or in the care, custody
Expenses necessary to the recovery of such amounts or control of a Sanctioned Country Government,
shall be divided between the interests concerned, where any activities related to such property are
including you, in the ratio of their respective recoveries prohibited by U.S. economic or trade sanctions; or
as finally settled. e. Property that is owned by, rented to or in the care,
13. Settlement of Claims or Suit custody or control of a Specially Designated
National or Blocked Person, or any person or
We may pay, but are not obligated to pay, any part or entity who is otherwise subject to U.S. economic
all of the amount of the "retained limit" to effect or trade sanctions.
settlement of a claim or "suit." Upon notification of the
action taken you shall promptly reimburse us for such As used in this policy a Specially Designated National
part of the "retained limit" that we had paid. All named or Blocked Person is any person or entity that is on the
insureds are jointly and severally responsible for our list of Specially Designated Nationals and Blocked
reimbursement and agree to make such Persons issued by the U.S. Treasury Department's
reimbursement within 30 days after we give you Office of Foreign Asset Control (O.F.A.C.) as it may be
written notice or demand for payment. from time to time amended.
14. Sole Agent As used in this policy a Sanctioned Country is any
country that is the subject of trade or economic
The insured first named in the Declarations is embargoes imposed by the laws or regulations of the
authorized to act on behalf of all named insureds and United States of America.
other insureds with respect to:
SECTION V - DEFINITIONS
a. The giving and receiving of notice of cancellation;
and 1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
b. Receiving return premium that may be payable segments about your goods, products or services for
under this policy. the purpose of attracting customers or supporters. For
The insured first named in the Declarations is the purposes of this definition
responsible for the payment of premiums, but the other
named Insureds jointly and severally agree to make
G-15057-C Page 10 of 17
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G-15057-C
(Ed. 06/05)
a. Notices that are published include material placed indemnification of a municipality in connection with
on the Internet or on similar electronic means of work performed for a municipality) under which
communication; and you assume the tort liability to pay damages
because of "bodily injury" or "property damage" to
b. Regarding websites, only that part of a website a third person or organization, if the contracts or
that is about your goods or services for the agreements are made prior to the "bodily injury" or
purposes of attracting customers or supporters is "property damage."
considered an advertisement.
Tort liability means liability that would be imposed
2. "Automobile" means by law in the absence of contracts or agreements.
a. A land motor vehicle, trailer or semitrailer An "insured contract" does not include that part of a
designed for travel on public roads; including any
contract or agreement:
attached machinery or equipment; or
a. That indemnifies an architect, engineer or
b. Any other land vehicle that is subject to a surveyor for an injury or damages arising out of:
compulsory or financial responsibility law or other
motor vehicle insurance law in the state where it is (1) Preparing, approving or failing to prepare or
licensed or principally garaged. approve:
However, "automobile" does not include "mobile (a) Maps;
equipment."
(b) Drawings;
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death,
(c) Opinions;
humiliation, shock, mental anguish or mental injury by (d) Reports;
that person at any time which results as a
consequence of the bodily injury, sickness or disease. (e) Surveys;
4. "Aircraft" means a vehicle designed to transport (f) Change orders;
persons or property in the air. (g) Designs; or
5. "Impaired property" means tangible property, other (h) Specifications; or
than "your product" or "your work," that cannot be used
or is less useful because: (2) Giving directions or instructions, or failing to
give them, if that is the primary cause of the
a. It incorporates "your product" or "your work" that is injury or damage;
known or thought to be defective, deficient,
inadequate or dangerous; or b. Under which the insured, if an architect, engineer
or surveyor, assumes liability for injury or damage
b. You have failed to fulfill the terms of a contract or arising out of the insured's rendering or failure to
agreement; render professional services, including those listed
if such property can be restored to use by: in a.(1) above and supervisory, inspection or
engineering services; or
a. The repair, replacement, adjustment or removal of
"your product" or "your work"; or c. That indemnifies a person or organization for
damage by fire to premises rented or loaned to an
b. Your fulfilling the terms of the contract or insured.
agreement.
7. "Loading or unloading" means the handling of
6. "Insured contract" means: property:
;a;;;;;;;;;;;;; a. A lease of premises; a. After it is moved from the place where it is
-- b. A sidetrack agreement; accepted for movement into or onto an "aircraft,"
"watercraft" or "automobile";
"""""""' c. An easement or license agreement, except in
connection with construction or demolition
b. While it is in or on an "aircraft," "watercraft" or
"automobile"; or
operations on or within 50 feet of a railroad ;
;a;;;;;;;;;;;;;
d. An indemnification of a municipality as required by c. While it is being moved from an "aircraft,"
ordinance, except in connection with work for a "watercraft" or "automobile" to the place where it is
finally delivered;
municipality;
e. An elevator maintenance agreement; or but "loading or unloading" does not include the
movement of property by means of a mechanical
f. The part of other contracts or agreements device, other than a hand truck, that is not attached to
pertaining to your business (including an the "aircraft," "watercraft" or "automobile."
G-15057-C Page 11 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
8. "Mobile equipment" means any of the following types compulsory or financial responsibility law or other
of land vehicles, including any attached machinery or motor vehicle insurance law are considered
equipment: "automobiles"
a. Bulldozers, farm machinery, forklifts and other 9. "Incident"
vehicles designed for use principally off public
roads; a. With respect to "bodily injury" and "property
damage," "incident" means an occurrence. An
b. Vehicles that travel on crawler treads; occurrence means an accident, including
continuous or repeated exposure to substantially
c. Vehicles maintained for use solely on or next to the same general harmful conditions.
premises you own or rent;
b. With respect to "personal and advertising injury,"
d. Vehicles, whether self-propelled or not, "incident" means an offense arising out of your
maintained primarily to provide mobility to business.
permanently mounted:
10. "Personal and Advertising Injury" means injury,
(1) Power cranes, shovels, loaders, diggers or
including consequential "bodily injury," arising out of
drills; or one or more of the following offenses:
(2) Road construction or resurfacing equipment a. False arrest, detention or imprisonment;
such as graders, scrapers or rollers;
b. Malicious prosecution or abuse of process;
e. Vehicles not described in a., b., c. or d. above that
are not self-propelled and are maintained primarily c. Wrongful eviction from, wrongful entry into, or the
to provide mobility to permanently attached invasion of the right of private occupancy of a
equipment of the following types: room, dwelling or premises that a person occupies
committed by or on behalf of its owner, landlord or
(1) Air compressors, pumps, and generators,
lessor;
including spraying, welding, building cleaning,
geophysical exploration, lighting and well d. Discrimination, unless such insurance is
servicing equipment; or prohibited by law;
(2) Cherry pickers and similar devices used to e. Oral or written publication, in any manner, of
raise or lower workers; material that slanders or libels a person or
organization or disparages a person's or
f. Vehicles not described in a., b., c. or d. above organization's goods, products or services;
maintained primarily for purposes other than the
transportation of persons or cargo. f. Oral or written publication, in any manner, of
material that violates a person's right of privacy;
However, self-propelled vehicles with the following
type of permanently attached equipment are not g. The use of another's advertising idea in your
"mobile equipment" but will be considered "advertisement;"
"automobiles":
h. Infringing upon another's copyright, trade dress or
(1) Equipment designed primarily for: slogan in your "advertisement."
(a) Snow removal ; 11. a. "Products-completed operations hazard"
includes "bodily injury" and "property damage"
(b) Road maintenance, but not construction occurring away from premises an insured owns or
or resurfacing; or rents and arising out of "your product" or "your
(c) Street cleaning; work" except:
(2) Cherry pickers and similar devices mounted (1) Products in your physical possession; or
on "automobiles" or truck chassis and used to (2) Work not yet completed or abandoned.
raise or lower workers; and
b. "Your work" will be deemed completed at the
(3) Air compressors, pumps and generators, earliest of the following:
including spraying, welding, building cleaning,
geophysical exploration, lighting and well (1) When all work called for in the "insured
servicing equipment. contract" has been completed;
However, "mobile equipment" does not include any (2) When all of the work to be done at the site
land vehicles that are subject to a compulsory or has been completed if the "insured's contract"
financial responsibility law or other motor vehicle calls for work at more than one site; or
insurance law in the state where it is licensed or
principally garaged. Land vehicles subject to a
G-15057-C Page 12 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
(3) When that part of the work done at a job site 14. ''Your product" means:
has been put to its intended use by a person
or organization other than another contractor
a. Any goods or products, other than real property,
manufactured, sold, handled, distributed or
or subcontractor working on the same project.
disposed of by:
Work that may need:
(1) You;
(a) Service;
(2) Others trading under your name; or
(b) Maintenance;
(3) A person or organization whose business or
(c) Correction;
assets you have acquired ; and
(d) Repair; or
b. Containers (other than vehicles), materials, parts
(e) Replacement; or equipment furnished in connection with such
goods or products.
but which is otherwise complete, will be treated as
completed. "Your product" includes warranties or representations
made with respect to the fitness, quality, durability,
c. This hazard does not include "bodily injury" or performance or use of "your product" and the providing
"property damage" arising out of:
of or failure to provide warnings or instructions.
(1) The transportation of property, unless the
"Your product" does not include vending machines or
injury or damage arises out of a condition in or
other property rented to or located for the use of others
on a vehicle created by the "loading or
but not sold.
unloading" of it; or
15. ''Your work" means:
(2) The existence of:
a. Work or operations performed by you or on your
(a) Tools;
behalf; and
(b) Uninstalled equipment; or b. Materials, parts or equipment furnished in
(c) Abandoned or unused materials. connection with such work or operations.
12. "Property damage" means: "Your work" includes warranties or representations
made with respect to the fitness, quality, durability,
a. Physical injury to tangible property, including all performance or use of "your work" and the providing of
resulting loss of use of that property. All such loss or failure to provide warnings or instructions.
of use shall be deemed to occur at the time of the
physical injury that caused it; or 16. "Retained limit" means the amount stated as such in
the Declarations. The "retained limit" is retained and
b. Loss of use of tangible property that is not payable by the insured as respects all "incidents" not
physically injured. All such loss shall be deemed covered by "scheduled underlying insurance" or by
to occur at the time of the occurrence that caused "unscheduled underlying insurance."
it.
17. "Scheduled underlying insurance" means the
For the purposes of this insurance, "electronic data" is insurance policies listed in the Schedule of Underlying
not tangible property. Insurance including renewal or replacement of such
13. "Suit" means a civil proceeding in which damages contracts which are not more restrictive than those
because of: listed in the aforementioned Schedule of Underlying
Insurance.
a. "Bodily injury";
18. "Ultimate net loss"
;a;;;;;;;;;;;;; b. "Property damage"; or
a. "Ultimate net loss" means the actual damages the
-"""""""'
;a;;;;;;;;;;;;;
c. "Personal and advertising injury";
to which this insurance applies are alleged. "Suit"
insured is legally obligated to pay, either through:
(1) Final adjudication on the merits; or
includes:
(2) Through compromise settlement with our
;a;;;;;;;;;;;;;
a. An arbitration proceeding alleging such damages written consent or direction;
to which you must submit with our consent; or
because of "incident(s)" covered by this policy.
b. Any other alternative dispute resolution
proceeding in which such damages are claimed However, it includes the above mentioned sums
and to which you submit with our consent. only after deducting all other recoveries and
salvages.
G-15057-C Page 13 of 17
(Ed. 06/05)
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(Ed. 06/05)
b. "Ultimate net loss" does not include the following: systems and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data processing
(1) Costs or expenses related to:
devices or any other media which are used with
(a) Litigation, electronically controlled equipment.
(b) Settlement; 24. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
(c) Adjustment; or vapor, soot, fumes, acids, alkalis, chemicals and
(d) Appeals; waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
nor costs or expenses incident to the same
which an "underlying insurer" has paid, 25. "Fungi or microbes" means:
incurred or is obligated to pay to or on behalf a. Any form of fungus, yeast, mold, mildew, or
of the insured; mushroom, including mycotoxins, spores, scents,
(2) Pre-judgment interest; byproducts or other substances produced or
released by fungi; and
(3) Office costs and expenses and salaries and
expenses of the employees of an insured; b. Any bacteria, virus, or any other non-fungal, single
celled or colony-form organism, including any
(4) Our office costs and expenses and salaries of toxins, scents, byproducts or other substances it
our employees; or produces or releases, whose injurious source is in
(5) General retainer and/or monitoring fees of or on a building or its contents.
counsel retained by the insured. But "fungi and microbes" does not include fungi that
19. "Underlying insurer" means an insurer whose policy were deliberately grown for human consumption,
covers "bodily injury," "property damage" or "personal microbes that were transmitted directly from person to
and advertising injury" also covered by this policy but person, or microbes that caused food poisoning, if
does not include insurers whose policies were your business is food processing, sales, or serving.
purchased specifically to be in excess of this policy. It 26. "Silica" means the chemical compound silicon dioxide
includes all insurers providing: (SiO2) in any form, including dust which contains
a. "Unscheduled underlying insurance"; and "silica."
b. "Scheduled underlying insurance." 27. "Asbestos" means the mineral in any form whether or
not the asbestos was at any time:
20. "Unscheduled underlying insurance"
a. Airborne as a fiber, particle or dust;
a. "Unscheduled underlying insurance" means
insurance policies available to an insured, b. Contained in or formed a part of a product,
whether: structure or other real or personal property;
(1) Primary; c. Carried on clothing;
(2) Excess; d. Inhaled or ingested; or
(3) Excess-contingent; or e. Transmitted by any other means.
(4) Otherwise; 28. ''Volunteer worker" means a person who is not your
employee, and who donates his or her work and acts
except the policies listed in the Schedule of at the direction of and within the scope of duties
Underlying Insurance. determined by you, and is not paid a fee, salary or
other compensation by you or anyone else for their
b. "Unscheduled underlying insurance" does not
work performed for you.
include insurance purchased specifically to be
excess of this policy. SECTION VI - DEFENSE PAYMENT AND RELATED
DUTIES
21. ''Watercraft" means a vehicle designed to transport
persons or property in or on water. 1. If a claim or "suit" alleges damages covered by
underlying policies and the obligation of all "underlying
22. "Authorized Insured" means any named insured or
insurers" either to:
any employee authorized by a named insured to give
or receive notice of a claim or "suit." a. Investigate and defend the insured; or
23. "Electronic data" means information, facts or b. Pay the cost of such investigation and defense;
programs stored as or on, created or used on, or
transmitted to or from computer software, including ceases solely through exhaustion of all underlying
limits of insurance through payment of a combination
G-15057-C Page 14 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
of covered expenses, settlements or judgments for not pay prejudgment interest on that period of time
"bodily injury," "property damage" or "personal and after we offer to pay:
advertising injury" taking place during our policy
period, then we will either: a. Our limit of insurance; or
b. That portion of our limit of insurance which equals
a. Assume the investigation and defense of the
insured against "suits" seeking damages; or the amount of a settlement demand when
combined with the limits of "underlying insurers."
b. If we elect not to assume the investigation and
defense in 1.a. above, we will reimburse the 8. We will pay interest on a judgment that accrues after
insured for reasonable defense costs and entry of that judgment, but before we have:
expenses incurred with our written consent. a. Paid;
However, such reimbursement excludes:
b. Offered to pay; or
(1) Office expenses of the insured;
c. Deposited in court
(2) Salaries and expenses of employees; and
that part of the judgment that is within the limit of
(3) General retainer fees of counsel retained by insurance of this policy. The amount of interest we pay
the insured. will be in direct proportion that amount we pay as
2. We will investigate and defend an insured or damages bears to the total amount of judgment. We
reimburse an insured for "suits" brought against an will not pay additional interest that accrues after we
insured for a claim or "suit" that alleges damages have:
because of "bodily injury," "property damage" or a. Paid;
"personal and advertising injury" not covered under:
b. Offered to pay;
a. "Scheduled underlying insurance"; and
c. Deposited in court
b. "Unscheduled underlying insurance";
that part of the judgment that is within the limit of
but which seeks damages because of "bodily injury," insurance of this policy.
"property damage" or "personal and advertising injury"
otherwise covered under this policy. Costs and 9. yve will pay all reasonable expenses incurred by the
expanses of such investigation and defense are not insured at our request to assist us in the investigation
subject to the "retained limit." or defense of the claim or "suit." This includes actual
loss of earnings up to liability $250. a day because of
3. We will investigate and defend an insured or time off from work.
reimburse an insured for such costs of investigation
and defense described in either 1. or 2. above, even if NUCLEAR ENERGY LIABILITY EXCLUSION
"' the allegations of a "suit" are: ENDORSEMENT
(BROAD FORM)
a. Groundless;
b. False; or It is agreed that:
c. Fraudulent; I. This policy does not apply:
I
..,. but only until we make payment or offer to pay or
deposit in court that part of judgment(s) not exceeding
A. Under Liability Coverage to "bodily injury"
"personal and advertising injury" or "property
our limit of insurance. damage"
4. We shall also have the sole right to make settlement of 1. With respect to which an insured under this
a "suit" as we deem expedient. policy, is also an insured under a nuclear
;a;;;;;;;;;;;;;
energy liability policy issued by the:
-- 5. If not permitted by law or otherwise to perform these
-"""""""' duties, we will pay an insured for defense costs and
expenses incurred with our prior written consent.
a. Nuclear Energy
Association;
Liability Insurance
6. Amounts we pay or incur pursuant to the obligation to b. Mutual Atomic Energy Liability
;a;;;;;;;;;;;;; defend or pay the costs and expenses of defense are Underwriters; or
in addition to, and not subject to, the limits of c. Nuclear Insurance Association of
insurance stated in the Declarations. Canada;
7. In addition to our limits of insurance, we will pay or any of their successors, or would be an
prejudgment interest awarded against an insured on insured under any such policy but for its
that part of a judgment covered by this policy. We will
G-15057-C Page 15 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
termination upon exhaustion of its limit of II. As used in this endorsement:
liability; or
A. "Hazardous properties" include radioactive, toxic
2. Resulting from the "hazardous properties" of or explosive properties.
"nuclear material" and with respect to which:
B. "Nuclear material" means "source material,"
a. Any person or organization is required to "special nuclear material" or "byproduct material."
maintain financial protection pursuant to
the Atomic Energy Act of 1954, or any law C. "Source material," "special nuclear material" and
or amendment thereof; or "by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
b. The insured is, or had this policy not been law amendatory thereof.
issued would be, entitled to indemnity
from the United States of America, or any D. "Spent fuel" means any fuel element or fuel
agency thereof, under any agreement component, solid or liquid, which has been used
entered into by the United States of or exposed to radiation in a "nuclear reactor."
America, or any agency thereof, with any E. "Waste" means waste material:
person or organization.
1. Containing "by-product material" other than
B. Under any Supplementary Payments provision the tailings or waste produced by the
relating to first aid, to expenses incurred with extraction or concentration of uranium or
respect to "bodily injury" resulting from the thorium from ore processed primarily for its
"hazardous properties" of "nuclear material," and "source material" content; and
arising out of the operation of a "nuclear facility''
by any person or organization. 2. Resulting from the operation by any person or
organization, of a "nuclear facility'' included
C. Under any Liability Coverage, to "bodily injury" within paragraphs 1. and 2. of the definition of
"personal and advertising injury" or "property "nuclear facility."
damage" resulting from the "hazardous properties"
of "nuclear material," if: F. "Nuclear facility'' means:
1. The "nuclear material": 1. Any "nuclear reactor";
a. Is at any "nuclear facility'' owned by, or 2. Any equipment or device designed or used
operated by or on behalf of, an insured; or for:
b. Has been discharged or dispersed a. Separating the isotopes of uranium or
therefrom; plutonium;
2. The "nuclear material" is contained in "spent b. Processing or utilizing "spent fuel"; or
fuel" or "waste" at any time possessed, c. handling, processing or packaging
handled, used, processed, stored, transported "waste";
or disposed of by or on behalf of an insured;
or 3. Any equipment or device used for the
processing, fabricating or alloying of special
3. The "bodily injury," "personal and advertising "nuclear material" if at any time the total
injury," or "property damage" arises out of the amount of such material in the custody of the
furnishing by an insured of services, insured at the premises where such
materials, parts or equipment in connection equipment is located consists of or contains
with the: more than:
a. Planning; a. 25 grams of plutonium or uranium 233 or
b. Construction; any combination thereof; or
c. Maintenance; b. 250 grams of uranium 235;
d. Operation; or 4. Any structure, basin, excavation, premises or
place prepared or used for the storage or
e. Use of disposal of "waste";
any "nuclear facility," but if such facility is and includes the site on which any of the
located within the United States of America, foregoing is located, all operations conducted on
its territories or possessions or Canada, this such site and all premises used for such
exclusion (C.3.) applies only to "property operations.
damage" to such "nuclear facility" and any
property threat.
G-15057-C Page 16 of 17
(Ed. 06/05)
G-15057-C
(Ed. 06/05)
G. "Nuclear reactor" means an apparatus designed H. "Property damage" includes all forms of
or used to sustain nuclear fission in a self- radioactive contamination of property.
supporting chain reaction or to contain a critical
mass of fissionable material.
;a;;;;;;;;;;;;;
-"""""""'
;a;;;;;;;;;;;;;
;a;;;;;;;;;;;;;
G-15057-C Page 17 of 17
(Ed. 06/05)
G-300429-A
(Ed. 11/07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES - OTHER INSURANCE
This endorsement modifies insurance provided under the following :
COMMERCIAL UMBRELLA PLUS COVERAGE PART
Solely with respect to the coverage afforded under this primary, excess, contingent or on any other basis
insurance to any person or organization which qualifies as except that this insurance shall be either primary
an additional insured pursuant to paragraph 2. b. or c. of to, or primary to and noncontributing with, such
SECTION II - WHO IS AN INSURED, the Other other insurance if so required by written contract
Insurance Condition of SECTION IV - CONDITIONS is or agreement with the additional insured. This
deleted and replaced with the following : condition does not apply to insurance purchased
specifically to apply in excess of this insurance.
4. Other Insurance
This insurance is excess over any other insurance
available to the additional insured whether
G-300429-A Page 1 of 1
(Ed. 11/07)