DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/8/2025
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
PRODUCER
NAME: Sharon Schulze
Insurance Office of America, Inc. PHONE FAX
100 Galleria Parkway (A/C, No, Ext): 770-250-0179 (A/C, No): 678-919-1151
E-MAIL
Suite 600 ADDRESS: sharon.schulze@ioausa.com
Atlanta GA 30339 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : The Travelers Indemnity Company of America 25666
CDHPART-01
INSURED INSURER B : Travelers Property Casualty Company of America 25674
CDH Partners, Inc.
INSURER C : Travelers Casualty and Surety Company of America 31194
3330 Cumberland Blvd. SE
Suite 100 INSURER D :
Atlanta GA 30339 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 509345783 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 6803P153241 12/9/2024 12/9/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT X LOC
PRO-
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
A COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY 6803P153241 12/9/2024 12/9/2025 (Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
$
B X UMBRELLA LIAB X OCCUR CUP3P175743 12/9/2024 12/9/2025 EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
X RETENTION $ $
DED 10,000
PER OTH-
B WORKERS COMPENSATION UB0T174800 12/9/2024 12/9/2025 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? 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 Professional Liability 105215942 12/9/2024 12/9/2025 Each Claim 5,000,000
Claims-Made Aggregate 5,000,000
Each Claim Deductible 75,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
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 #CGD381 09/15, additional insured with respect to Hired/Non-Owned Auto Liability per form #CGD381 09/15 and additional insured with respect to
Umbrella Liability and is primary & non-contributory per form #EU0001 07/16. Waiver of subrogation is in favor of the additional insured with respect to General
Liability & Hired/Non-Owned Auto Liability per form #CGD381 09/15, with respect to Workers Compensation per form #WC000313 04/84 and with respect to
Umbrella Liability per form #EU0001 07/16. 30 days’ notice of Cancellation with 10 days’ notice for non-payment of premium in accordance with the policy
provisions.
Re: RFQu 24-752-017 A/E Continuing Contract for Professional Services
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.
DeKalb County School District
1780 Montreal Rd. AUTHORIZED REPRESENTATIVE
Tucker GA 30084
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II – WHO IS h. This insurance does not apply to "bodily
AN INSURED: injury" or "property damage" caused by "your
Any person or organization that you agree in a work" and included in the "products-
"written contract requiring insurance" to include as completed operations hazard" unless the
an additional insured on this Coverage Part, but: "written contract requiring insurance"
specifically requires you to provide such
a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then
"property damage" or "personal injury"; and the insurance provided to the additional
b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or
damage is caused by acts or omissions of "property damage" that occurs before the end
you or your subcontractor in the performance of the period of time for which the "written
of "your work" to which the "written contract contract requiring insurance" requires you to
requiring insurance" applies, or in connection provide such coverage or the end of the
with premises owned by or rented to you. policy period, whichever is earlier.
The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of
additional insured: SECTION IV – COMMERCIAL GENERAL
c. With respect to the independent acts or LIABILITY CONDITIONS:
omissions of such person or organization; or The insurance provided to the additional insured
d. For "bodily injury", "property damage" or is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
"personal injury" for which such person or
on any other basis, that is available to the
organization has assumed liability in a
additional insured for a loss we cover. However, if
contract or agreement. you specifically agree in the "written contract
The insurance provided to such additional insured requiring insurance" that this insurance provided
is limited as follows: to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary
any person or organization for which to other insurance available to the additional
coverage as an additional insured specifically insured which covers that person or organizations
is added by another endorsement to this as a named insured for such loss, and we will not
Coverage Part. share with the other insurance, provided that:
f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for
rendering of or failure to render any which coverage is sought occurs; and
"professional services".
(2) The "personal injury" for which coverage is
g. In the event that the Limits of Insurance of the sought arises out of an offense committed;
Coverage Part shown in the Declarations
exceed the limits of liability required by the after you have signed that "written contract
"written contract requiring insurance", the requiring insurance". But this insurance provided
insurance provided to the additional insured to the additional insured still is excess over valid
shall be limited to the limits of liability required and collectible other insurance, whether primary,
by that "written contract requiring insurance". excess, contingent or on any other basis, that is
This endorsement does not increase the available to the additional insured when that
limits of insurance described in Section III – person or organization is an additional insured
Limits Of Insurance. under any other insurance.
CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the
Of Rights Of Recovery Against Others To Us, DEFINITIONS Section:
of SECTION IV – COMMERCIAL GENERAL "Written contract requiring insurance" means that
LIABILITY CONDITIONS:
part of any written contract under which you are
We waive any right of recovery we may have required to include a person or organization as an
against any person or organization because of additional insured on this Coverage Part,
payments we make for "bodily injury", "property provided that the "bodily injury" and "property
damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is
work" performed by you, or on your behalf, done
caused by an offense committed:
under a "written contract requiring insurance" with
that person or organization. We waive this right a. After you have signed that written contract;
only where you have agreed to do so as part of b. While that part of the written contract is in
the "written contract requiring insurance" with effect; and
such person or organization signed by you
before, and in effect when, the "bodily injury" or c. Before the end of the policy period.
"property damage" occurs, or the "personal injury"
offense is committed.
Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
WORKERS COMPENSATION
AND
ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT WC 00 03 13 (00) - 001
POLICY NUMBER: UB-0T174800-24-47-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS
WAIVER.
DATE OF ISSUE: 10-15-24 ST ASSIGN: PAGE 1 OF 1
UMBRELLA
EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE
THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING
CLAIMS-MADE UNDERLYING INSURANCE.
COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN
FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE
EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE
LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING
INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY
WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS
POLICY.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any
other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our"
refer to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN
INSURED.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI –
DEFINITIONS.
SECTION I – COVERAGES provisions to the contrary contained in this
insurance.
A. COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY 3. The amount we will pay for damages is limited
as described in SECTION III – LIMITS OF
1. We will pay on behalf of the insured those INSURANCE.
sums, in excess of the "applicable underlying
4. For the purposes of Paragraph 1. above:
limit", that the insured becomes legally
obligated to pay as damages to which a. The applicable limit of insurance stated
Coverage A of this insurance applies, for the policies of "underlying insurance"
provided that the "underlying insurance" would in the Schedule Of Underlying Insurance
apply to such damages but for the exhaustion will be considered to be reduced or
of its applicable limits of insurance. If a exhausted only by the following
sublimit is specified in any "underlying payments:
insurance", Coverage A of this insurance (1) Payments of judgments or
applies to damages that are in excess of that settlements for damages that are
sublimit only if such sublimit is shown for that covered by that "underlying
"underlying insurance" in the Schedule Of insurance". However, if such
Underlying Insurance. "underlying insurance" has a policy
period which differs from the policy
2. Coverage A of this insurance is subject to the period of this Excess Follow-Form
same terms, conditions, agreements, And Umbrella Liability Insurance, any
exclusions and definitions as the "underlying
such payments for damages that
insurance", except with respect to any would not be covered by this Excess
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 22
UMBRELLA
Follow-Form And Umbrella Liability 5. When the "underlying insurance" applies on a
Insurance because of its different claims-made basis and includes a retroactive
policy period will not reduce or date provision, the retroactive date for
exhaust the applicable limit of Coverage A of this insurance is the same as
insurance stated for such "underlying the retroactive date of that "underlying
insurance"; insurance".
(2) Payments of "medical expenses" that B. COVERAGE B – UMBRELLA LIABILITY
are covered by that "underlying 1. We will pay on behalf of the insured those
insurance" and are incurred for sums in excess of the "self-insured retention"
"bodily injury" caused by an accident that the insured becomes legally obligated to
that takes place during the policy pay as damages because of "bodily injury",
period of this Excess Follow-Form "property damage", "personal injury" or
And Umbrella Liability Insurance; or
"advertising injury" to which Coverage B of
(3) Payments of defense expenses that this insurance applies.
are covered by that "underlying 2. Coverage B of this insurance applies to
insurance", only if such "underlying "bodily injury" or "property damage" only if:
insurance" includes such payments
within the limits of insurance. a. The "bodily injury" or "property damage" is
However, if such "underlying caused by an "occurrence" that takes
insurance" has a policy period which place anywhere in the world;
differs from the policy period of this b. The "bodily injury" or "property damage"
Excess Follow-Form And Umbrella occurs during the policy period; and
Liability Insurance, any such
c. Prior to the policy period, no insured listed
payments for defense expenses that
under Paragraph 1. in Paragraph B.,
would not be covered by this Excess
Follow-Form And Umbrella Liability
COVERAGE B – UMBRELLA
Insurance because of its different LIABILITY, of SECTION II – WHO IS AN
policy period will not reduce or INSURED and no "employee" authorized
exhaust the applicable limit of by you to give or receive notice of an
insurance stated for such "underlying "occurrence" or claim, knew that the
insurance". "bodily injury" or "property damage" had
occurred, in whole or in part. If such a
If the applicable limit of insurance stated listed insured or authorized "employee"
for the policies of "underlying insurance" knew, prior to the policy period, that the
in the Schedule Of Underlying Insurance "bodily injury" or "property damage"
is actually reduced or exhausted by other occurred, in whole or in part, then any
payments, Coverage A of this insurance continuation, change or resumption of
is not invalidated. However, in the event such "bodily injury" or "property damage"
of a loss, we will pay only to the extent during or after the policy period will be
that we would have paid had such limit deemed to have been known prior to the
not been actually reduced or exhausted policy period.
by such other payments.
3. Coverage B of this insurance applies to
b. If any "underlying insurance" has a limit of "personal injury" or "advertising injury"
insurance greater than the amount shown caused by an offense arising out of your
for that insurance in the Schedule of business, but only if the offense was
Underlying Insurance, this insurance will committed during the policy period
apply in excess of that greater amount. If anywhere in the world.
any "underlying insurance" has a limit of 4. The amount we will pay for damages is limited
insurance, prior to any reduction or as described in SECTION III – LIMITS OF
exhaustion by payment of damages,
INSURANCE.
"medical expenses" or defense expenses
described in Paragraph a. above, that is 5. "Bodily injury" or "property damage":
less than the amount shown for that a. Which occurs during the policy period; and
insurance in the Schedule Of Underlying
b. Which was not prior to, but was during, the
Insurance, this insurance will apply in
policy period known to have occurred by
excess of the amount shown for such
insurance in the Schedule Of Underlying any insured listed under Paragraph 1. in
Insurance. Paragraph B., COVERAGE B –
Page 2 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
UMBRELLA
UMBRELLA LIABILITY of SECTION II – a. First commence at the time when any
WHO IS AN INSURED, or any "employee" "executive officer" first becomes aware of
authorized by you to give notice of an an "event" or "occurrence" that leads to
"occurrence" or claim; that "crisis management event"; and
includes any continuation, change or b. End when we decide that the crisis no
resumption of the "bodily injury" or "property longer exists or when the Crisis
damage" after the end of the policy period. Management Service Expenses Limit has
6. "Bodily injury" or "property damage" will be been exhausted, whichever occurs first.
deemed to have been known to have 4. The amount we will pay for "crisis
occurred at the earliest time when any insured management service expenses" is limited as
listed under Paragraph 1. in Paragraph B., described in SECTION III – LIMITS OF
COVERAGE B – UMBRELLA LIABILITY, of INSURANCE.
SECTION II – WHO IS AN INSURED or any
5. A "self-insured retention" does not apply to
"employee" authorized by you to give or
"crisis management service expenses".
receive notice of an "occurrence" or claim:
6. Any payment of "crisis management service
a. Reports all, or any part, of the "bodily
expenses" that we make will not be
injury" or "property damage" to us or any
determinative of our obligations under this
other insurer;
insurance with respect to any claim or "suit" or
b. Receives a written or verbal demand or create any duty to defend or indemnify any
claim for damages because of the "bodily insured for any claim or "suit".
injury" or "property damage"; or
D. DEFENSE AND SUPPLEMENTARY PAYMENTS
c. Becomes aware by any other means that
1. We will have the right and duty to defend the
the "bodily injury" or "property damage"
insured:
has occurred or has begun to occur.
a. Under Coverage A, against a "suit"
7. Damages because of "bodily injury" include
seeking damages to which such coverage
damages claimed by any person or
applies, if:
organization for care, loss of services or death
resulting at any time from the "bodily injury". (1) The "applicable underlying limit" is the
applicable limit of insurance stated for
8. Coverage B of this insurance does not apply
a policy of "underlying insurance" in
to damages covered by any "underlying
the Schedule Of Underlying
insurance" or that would have been covered
Insurance and such limit has been
by any "underlying insurance" but for the
exhausted solely due to payments as
exhaustion of its applicable limit of insurance.
permitted in Paragraphs 4.a.(1), (2)
C. COVERAGE C – CRISIS MANAGEMENT and (3) of COVERAGE A – EXCESS
SERVICE EXPENSES FOLLOW-FORM LIABILITY of
1. We will reimburse the insured, or pay on the SECTION I – COVERAGES; or
insured's behalf, "crisis management service (2) The "applicable underlying limit" is the
expenses" to which Coverage C applies. applicable limit of any "other
2. Coverage C of this insurance applies to "crisis insurance" and such limit has been
management service expenses" that: exhausted by payments of judgments,
settlements or medical expenses, or
a. Arise out of a "crisis management event" related costs or expenses (if such
that first commences during the policy costs or expenses reduce such
period; limits).
b. Are incurred by the insured, after a "crisis For any "suit" for which we have the right
management event" first commences and and duty to defend the insured under
before such event ends; and Coverage A, defense expenses will be
c. Are submitted to us within 180 days after within the limits of insurance of this policy
the "crisis management advisor" advises when such expenses are within the limits
you that the "crisis management event" of insurance of the applicable "underlying
no longer exists. insurance"; or
3. A "crisis management event" will be deemed b. Under Coverage B, against a "suit"
to: seeking damages to which such coverage
applies.
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22
UMBRELLA
2. We have no duty to defend any insured applicable limit of insurance. If we do not
against any "suit": pay part of the judgment for any reason
other than it is more than the applicable
a. Seeking damages to which this insurance
limit of insurance, we will not pay any
does not apply; or
interest that accrues on that portion of the
b. If any other insurer has a duty to defend. judgment.
3. When we have the duty to defend, we may, at With respect to a claim we investigate or
our discretion, investigate and settle any claim settle, or "suit" against an insured we defend
or "suit". In all other cases, we may, at our under COVERAGE A – EXCESS FOLLOW-
discretion, participate in the investigation, FORM LIABILITY, these payments will not
defense and settlement of any claim or "suit" reduce the applicable limits of insurance, but
for damages to which this insurance may only if the applicable "underlying insurance"
apply. If we exercise such right to participate, provides for such payments in addition to its
all expenses we incur in doing so will not limits of insurance. With respect to a claim we
reduce the applicable limits of insurance. investigate or settle, or "suit" against an
4. Our duty to defend ends when we have used insured we defend under COVERAGE B –
up the applicable limit of insurance in the UMBRELLA LIABILITY, these payments will
payment of judgments or settlements, or not reduce the applicable limits of insurance.
defense expenses if such expenses are within SECTION II – WHO IS AN INSURED
the limits of insurance of this policy.
A. COVERAGE A – EXCESS FOLLOW-FORM
5. We will pay, with respect to a claim we LIABILITY
investigate or settle, or "suit" against an
insured we defend: With respect to Coverage A, the following persons
and organizations qualify as insureds:
a. All expenses we incur.
1. The Named Insured shown in the
b. The cost of:
Declarations; and
(1) Bail bonds required because of
accidents or traffic law violations
2. Any other person or organization qualifying as
an insured in the "underlying insurance". If
arising out of the use of any vehicle to
you have agreed to provide insurance for that
which this insurance applies; or
person or organization in a written contract or
(2) Appeal bonds and bonds to release agreement:
attachments;
a. The limits of insurance afforded to such
but only for bond amounts within the person or organization will be:
applicable limit of insurance. We do not
have to furnish these bonds. (1) The amount by which the minimum
limits of insurance you agreed to
c. All reasonable expenses incurred by the provide such person or organization
insured at our request to assist us in the in that written contract or agreement
investigation or defense of such claim or exceed the total limits of insurance of
"suit", including actual loss of earnings up all applicable "underlying insurance";
to $1,000 a day because of time off from or
work.
(2) The limits of insurance of this policy;
d. All court costs taxed against the insured
in the "suit". However, these payments do whichever is less; and
not include attorneys' fees or attorneys' b. Coverage under this policy does not apply
expenses taxed against the insured. to such person or organization if the
e. Prejudgment interest awarded against the minimum limits of insurance you agreed
insured on that part of the judgment we to provide such person or organization in
pay. If we make an offer to pay the that written contract or agreement are
applicable limit of insurance, we will not wholly within the total limits of insurance
pay any prejudgment interest based on of all available applicable "underlying
that period of time after the offer. insurance".
f. All interest that accrues on the full amount B. COVERAGE B – UMBRELLA LIABILITY
of any judgment after entry of the With respect to Coverage B:
judgment and before we have paid,
offered to pay or deposited in court the 1. The Named Insured shown in the
Declarations is an insured.
part of the judgment that is within the
2. If you are:
Page 4 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
UMBRELLA
a. An individual, your spouse is also an as a consequence of Paragraph
insured, but only with respect to the (1)(a) above;
conduct of a business of which you are (c) For which there is any obligation
the sole owner. to share damages with or repay
b. A partnership or joint venture, your someone else who must pay
members, your partners and their damages because of the injury
spouses are also insureds, but only with described in Paragraph (1)(a) or
respect to the conduct of your business. (b) above; or
(d) Arising out of his or her providing
c. A limited liability company, your members
or failing to provide professional
are also insureds, but only with respect to
health care services.
the conduct of your business. Your
managers are also insureds, but only with Unless you are in the business or
respect to their duties as your managers. occupation of providing professional
health care services, Paragraphs
d. An organization other than a partnership, (1)(a), (b), (c) and (d) above do not
joint venture or limited liability company, apply to "bodily injury" arising out of
your "officers" and directors are also providing or failing to provide first aid
insureds, but only with respect to their or "Good Samaritan services" by any
duties as your "officers" or directors. Your of your "employees" or "volunteer
stockholders are also insureds, but only workers" other than an employed or
with respect to their liability as volunteer doctor. Any such
stockholders. "employees" or "volunteer workers"
e. A trust, your trustees are also insureds, providing or failing to provide first aid
but only with respect to their duties as or "Good Samaritan services" during
trustees. their work hours for you will be
deemed to be acting within the scope
3. Each of the following is also an insured: of their employment by you or
performing duties related to the
a. Your "volunteer workers" only while conduct of your business.
performing duties related to the conduct
of your business, or your "employees", (2) "Property damage" to property:
other than either your "officers" (if you are (a) Owned, occupied or used by; or
an organization other than a partnership, (b) Rented to, in the care, custody or
joint venture or limited liability company) control of, or over which physical
or your managers (if you are a limited control is being exercised for any
liability company), but only for acts within purpose by;
the scope of their employment by you or
while performing duties related to the you, any of your "employees" or
conduct of your business. However, none "volunteer workers", any of your
of these "employees" or "volunteer partners or members (if you are a
workers" are insureds for: partnership or joint venture), or any of
your members (if you are a limited
(1) "Bodily injury" or "personal injury": liability company).
(a) To you, to your partners or b. Any person (other than your "employee"
members (if you are a partnership or "volunteer worker"), or any
or joint venture), to your members organization, while acting as your real
(if you are a limited liability estate manager.
company), to a co-"employee" c. Any person or organization having proper
while in the course of his or her temporary custody of your property if you
employment or performing duties die, but only:
related to the conduct of your (1) With respect to liability arising out of
business, or to your other the maintenance or use of that
"volunteer workers" while property; and
performing duties related to the
conduct of your business; (2) Until your legal representative has
been appointed.
(b) To the spouse, child, parent, d. Your legal representative if you die, but
brother or sister of that co- only with respect to duties as such. That
"employee" or "volunteer worker"
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 22
UMBRELLA
representative will have all your rights and 2. Any organization, other than a partnership,
duties under this insurance. joint venture or limited liability company, of
4. Any organization, other than a partnership, which you are the sole owner, or in which you
joint venture or limited liability company, of maintain an ownership interest of more than
which you are the sole owner, or in which you 50%, on the first day of the policy period. No
maintain an ownership interest of more than such organization is an insured or will qualify
50%, on the first day of the policy period is an as a Named Insured for "crisis management
insured and will qualify as a Named Insured. service expenses" arising out of a "crisis
No such organization is an insured or will management event" that first commences
qualify as a Named Insured for "bodily injury" after the date, if any, during the policy period,
or "property damage" that occurred, or that you no longer maintain an ownership
"personal injury" or "advertising injury" caused interest of more than 50% in such
by an offense committed after the date, if any, organization.
during the policy period, that you no longer
3. Any organization you newly acquire or form,
maintain an ownership interest of more than other than a partnership, joint venture or
50% in such organization.
limited liability company, and of which you are
5. Any organization you newly acquire or form, the sole owner, or in which you maintain an
other than a partnership, joint venture or ownership interest of more than 50%, if there
limited liability company, and of which you are is no other similar insurance available to that
the sole owner, or in which you maintain an organization. However:
ownership interest of more than 50%, is an
insured and will qualify as a Named Insured if a. Coverage under this provision is afforded
th
there is no other similar insurance available to only until the 180 day after you acquire
that organization. However: or form the organization or the end of the
policy period, whichever is earlier; and
a. Coverage under this provision is afforded
th
only until the 180 day after you acquire b. Coverage for such organization does not
or form the organization or the end of the apply to "crisis management service
policy period, whichever is earlier; and expenses" arising out of a "crisis
management event" that occurred before
b. Coverage for such organization does not you acquired or formed the organization,
apply to:
even if an "executive officer" only first
(1) "Bodily injury" or "property damage" becomes aware of an "event" or
that occurred; or "occurrence" that leads to such "crisis
(2) "Personal injury" or "advertising management event" after the date you
injury" arising out of an offense acquired or formed the organization.
committed; No person or organization is an insured or will
before you acquired or formed the qualify as a Named Insured with respect to the
organization. conduct of any current or past partnership, joint
venture or limited liability company that is not
No person or organization is an insured or will shown as a Named Insured in the Declarations.
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint SECTION III – LIMITS OF INSURANCE
venture or limited liability company that is not A. The Limits of Insurance shown in the Declarations
shown as a Named Insured in the Declarations. and the rules below fix the most we will pay for the
This paragraph does not apply to any such amounts described below to which this insurance
partnership, joint venture or limited liability applies regardless of the number of:
company that otherwise qualifies as an insured
under Paragraph B. of SECTION II – WHO IS AN 1. Insureds;
INSURED. 2. Claims made or "suits" brought;
C. COVERAGE C – CRISIS MANAGEMENT 3. Number of vehicles involved;
SERVICE EXPENSES 4. Persons or organizations making claims or
With respect to Coverage C, the following persons bringing "suits"; or
and organizations are insureds and will qualify as 5. Coverages provided under this insurance.
Named Insureds:
As indicated in Paragraph D.1. of SECTION I –
1. The Named Insured shown in the
COVERAGES, for any "suit" for which we have
Declarations.
the right and duty to defend the insured under
Coverage A, defense expenses will be within the
Page 6 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
UMBRELLA
limits of insurance of this policy when such F. The limits of insurance of this policy apply
expenses are within the limits of insurance of the separately to each consecutive annual period and
applicable "underlying insurance". to any remaining period of less than 12 months,
B. The General Aggregate Limit is the most we will starting with the beginning of the policy period
pay for the sum of all: shown in the Declarations. If the policy period is
extended after issuance for an additional period of
1. Damages; and less than 12 months, the additional period will be
2. Defense expenses if such expenses are deemed part of the last preceding period for
within the limits of insurance of this policy; purposes of determining the limits of insurance.
except: SECTION IV – EXCLUSIONS
1. Damages and defense expenses because of This insurance does not apply to:
"bodily injury" or "property damage" included A. With respect to Coverage A and Coverage B:
in the "auto hazard";
1. Asbestos
2. Damages and defense expenses because of
"bodily injury" or "property damage" included a. Damages arising out of the actual or
in the "products-completed operations alleged presence or actual, alleged or
hazard"; or threatened dispersal of asbestos,
asbestos fibers or products containing
3. Damages and defense expenses for which asbestos, provided that the damages are
insurance is provided under any Aircraft caused or contributed to by the hazardous
Liability coverage included as "underlying properties of asbestos.
insurance" to which no aggregate limit
applies. b. Damages arising out of the actual or
alleged presence or actual, alleged or
C. The Products-Completed Operations Aggregate
Limit is the most we will pay for the sum of all: threatened dispersal of any solid, liquid,
gaseous or thermal irritant or
1. Damages; and contaminant, including smoke, vapors,
2. Defense expenses if such expenses are soot, fumes, acids, alkalis, chemicals and
within the limits of insurance of this policy; waste, and that are part of any claim or
because of "bodily injury" or "property damage" "suit" which also alleges any damages
included in the "products-completed operations described in Paragraph a. above.
hazard". c. Any loss, cost or expense arising out of
D. Subject to Paragraph B. or C. above, whichever any:
applies, the Occurrence Limit is the most we will
(1) Request, demand, order or statutory
pay for the sum of all:
or regulatory requirement that any
1. Damages, and defense expenses if such insured or others test for, monitor,
expenses are within the limits of insurance of clean up, remove, contain, treat,
this policy, under Coverage A arising out of detoxify or neutralize, or in any way
any one "event" to which the "underlying respond to, or assess the effects of,
insurance" applies a limit of insurance that is asbestos, asbestos fibers or products
separate from any aggregate limit of containing asbestos; or
insurance; and
(2) Claim or "suit" by or on behalf of any
2. Damages under Coverage B because of all governmental authority or any other
"bodily injury", "property damage", "personal person or organization because of
injury" or "advertising injury" arising out of any testing for, monitoring, cleaning up,
one "occurrence". removing, containing, treating,
For the purposes of determining the applicable detoxifying or neutralizing, or in any
Occurrence Limit, all related acts or omissions way responding to, or assessing
committed in the providing or failing to provide the effects of, asbestos, asbestos
first aid or "Good Samaritan services" to any one fibers or products containing asbestos.
person will be considered one "occurrence". 2. Employment-Related Practices
E. The Crisis Management Service Expenses Limit Damages because of injury to:
is the most we will pay for the sum of all "crisis
management service expenses" arising out of all a. A person arising out of any:
"crisis management events". Payment of such (1) Refusal to employ that person;
"crisis management service expenses" is in
addition to, and will not reduce, any other limit of (2) Termination of that person's
insurance of this policy. employment; or
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UMBRELLA
(3) Employment-related practice, policy, the meanings given them in the Atomic
act or omission, such as coercion, Energy Act of 1954 or any of its
demotion, evaluation, reassignment, amendments.
discipline, failure to promote or 6. Uninsured or Underinsured Motorists, No-
advance, harassment, humiliation,
Fault And Similar Laws
discrimination, libel, slander, violation
of the person's right of privacy, Any liability imposed on the insured, or the
malicious prosecution or false arrest, insured's insurer, under any of the following
detention or imprisonment, applied to laws:
or directed at that person, regardless a. Uninsured motorists;
of whether such practice, policy, act
or omission occurs, is applied or is b. Underinsured motorists;
committed before, during or after the c. Auto no-fault or other first-party personal
time of that person's employment; or injury protection (PIP);
b. The spouse, child, parent, brother or d. Supplementary uninsured/underinsured
sister of that person as a consequence of motorists (New York); or
injury to that person as described in
Paragraphs a.(1), (2) or (3) above. e. Medical expense benefits and income
loss benefits (Virginia).
This exclusion applies:
7. War
a. Whether the insured may be liable as an
employer or in any other capacity; and Damages arising out of:
b. To any obligation to share damages with a. War, including undeclared or civil war; or
or repay someone else who must pay b. Warlike action by a military force,
damages because of the injury. including action in hindering or defending
3. ERISA, COBRA And Similar Laws against an actual or expected attack, by
any government, sovereign or other
Any obligation of the insured under: authority using military personnel or other
a. The Employees Retirement Income agents; or
Security Act Of 1974 (ERISA) or any of c. Insurrection, rebellion, revolution, usurped
its amendments; power or action taken by governmental
b. The Consolidated Omnibus Budget authority in hindering or defending against
Reconciliation Act of 1985 (COBRA) or any of these.
any of its amendments; or 8. Workers Compensation And Similar Laws
c. Any similar common or statutory law of Any obligation of the insured under a workers
any jurisdiction. compensation, disability benefits or
4. Medical Expenses Or Payments unemployment compensation law or any
similar law.
Any obligation of the insured under any
"medical expenses" or medical payments B. With respect to Coverage B:
coverage. 1. Expected Or Intended Bodily Injury Or
5. Nuclear Material Property Damage
Damages arising out of: "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
a. The actual, alleged or threatened
This exclusion does not apply to "bodily injury"
exposure of any person or property to; or
or "property damage" resulting from the use of
b. The "hazardous properties" of; reasonable force to protect persons or
any "nuclear material". property.
As used in this exclusion: 2. Contractual Liability
a. "Hazardous properties" includes "Bodily injury", "property damage", "personal
radioactive, toxic or explosive properties; injury" or "advertising injury" for which the
insured is obligated to pay damages by
b. "Nuclear material" means "source reason of the assumption of liability in a
material", "special nuclear material" or contract or agreement. This exclusion does
"by-product material"; and not apply to liability for damages that the
c. "Source material", "special nuclear insured would have in the absence of the
material" and "by-product material" have contract or agreement.
Page 8 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16
UMBRELLA
3. Liquor Liability removing, containing, treating,
"Bodily injury" or "property damage" for which detoxifying or neutralizing, or in any
any insured may be liable by reason of: way responding to, or assessing the
effects of, "pollutants".
a. Causing or contributing to the intoxication
of any person, including causing or 6. Aircraft
contributing to the intoxication of any "Bodily injury" or "property damage" arising
person because alcoholic beverages were out of the ownership, maintenance, use or
permitted to be brought on your premises entrustment to others of any aircraft owned or
for consumption on your premises; operated by or rented or loaned to any
b. The furnishing of alcoholic beverages to a insured. Use includes operation and "loading
person under the legal drinking age or or unloading".
under the influence of alcohol; or This exclusion applies even if the claims
c. Any statute, ordinance or regulation against any insured allege negligence or other
relating to the sale, gift, distribution or use wrongdoing in the supervision, hiring,
of alcoholic beverages. employment, training or monitoring of others
by that insured, if the "occurrence" which
4. Employers Liability caused the "bodily injury" or "property
"Bodily injury" to: damage" involved the ownership,
maintenance, use or entrustment to others of
a. An "employee" of the insured arising out
any aircraft that is owned or operated by or
of and in the course of:
rented or loaned to any insured.
(1) Employment by the insured; or
7. Auto
(2) Performing duties related to the
conduct of the insured's business; or "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
b. The spouse, child, parent, brother or entrustment to others of any "auto". Use
sister of that "employee" as a includes operation and "loading or unloading".
consequence of "bodily injury" described
in Paragraph a. above. This exclusion applies even if the claims
against any insured allege negligence or other
This exclusion applies: wrongdoing in the supervision, hiring,
a. Whether the insured may be liable as an employment, training or monitoring of others
employer or in any other capacity; and by that insured, if the "occurrence" which
caused the "bodily injury" or "property
b. To any obligation to share damages with
damage" involved the ownership,
or repay someone else who must pay
maintenance, use or entrustment to others of
damages because of the "bodily injury".
any "auto".
5. Pollution
This exclusion does not apply to "bodily injury"
a. "Bodily injury", "property damage", or "property damage" caused by an
"personal injury" or "advertising injury" "occurrence" that takes place outside of the
arising out of the actual, alleged or United States of America (including its
threatened discharge, dispersal, seepage, territories and possessions), Puerto Rico and
migration, release or escape of Canada.
"pollutants".
8. Watercraft
b. Any loss, cost or expense arising out of
any: "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
(1) Request, demand, order or statutory entrustment to others of any watercraft owned
or regulatory requirement that any or operated by or rented or loaned to any
insured or any other person or insured. Use includes operation and "loading
organization test for, monitor, clean or unloading".
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, This exclusion applies even if the claims
or assess the effects of, "pollutants"; against any insured allege negligence or other
or wrongdoing in the supervision, hiring,
employment, training or monitoring of others
(2) Claim or "suit" by or on behalf of any by that insured, if the "occurrence" which
governmental authority or any other caused the "bodily injury" or "property
person or organization because of damage" involved the ownership,
testing for, monitoring, cleaning up,
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 22
UMBRELLA
maintenance, use or entrustment to others of 11. Damage To Impaired Property Or Property
any watercraft that is owned or operated by Not Physically Injured
or rented or loaned to any insured.
"Property damage" to "impaired property", or
This exclusion does not apply to a watercraft: property that has not been physically injured,
arising out of:
a. While ashore on premises owned by or
rented to any insured; or a. A defect, deficiency, inadequacy or
dangerous condition in "your product" or
b. That is 50-feet long or less and that:
"your work"; or
(1) You own; or b. A delay or failure by you, or anyone acting
(2) You do not own and is not being used on your behalf, to fulfill the terms of a
to carry any person or property for a contract or agreement.
charge. This exclusion does not apply to the loss of
9. Electronic Data use of other property arising out of sudden
and accidental physical injury to "your
Damages claimed for the loss of, loss of use product" or "your work" after it has been put to
of, damage to, corruption of, inability to its intended use.
access, or inability to manipulate "electronic
data". 12. Recall Of Products, Work Or Impaired
Property
10. Damage To Property, Products Or Work
Damages claimed for any loss, cost or
"Property damage" to: expense incurred by you or others for the loss
a. Property you own, rent or occupy, of use, withdrawal, recall, inspection, repair,
including any costs or expenses incurred replacement, adjustment, removal or disposal
by you, or any other person or of:
organization, for repair, replacement, a. "Your product";
enhancement, restoration or maintenance
b. "Your work"; or
of such property for any reason, including
prevention of injury to a person or c. "Impaired property";
damage to another's property; if such product, work or property is withdrawn
b. Premises you sell, give away or abandon or recalled from the market or from use by
if the "property damage" arises out of any any person or organization because of a
part of those premises; known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
c. Property loaned to you;
13. Violation Of Consumer Financial
d. Personal property in the care, custody or Protection Laws
control of the insured;
"Bodily injury", "property damage", "personal
e. That particular part of real property on injury" or "advertising injury" arising out of any
which you or any contractors or actual or alleged violation of a "consumer
subcontractors working directly or financial protection law", or any other "bodily
indirectly on your behalf are performing injury", "property damage", "personal injury" or
operations if the "property damage" "advertising injury" alleged in any claim or
arises out of those operations; "suit" that also alleges any such violation.
f. That particular part of any property that 14. Unsolicited Communication
must be restored, repaired or replaced "Bodily injury", "property damage", "personal
because "your work" was incorrectly injury" or "advertising injury" arising out of any
performed on it; actual or alleged violation of any law that
g. "Your product" arising out of "your restricts or prohibits the sending, transmitting
product" or any part of it; or or distributing of "unsolicited communication".
h. "Your work" arising out of "your work" or 15. Access Or Disclosure Of Confidential Or
any part of it and included in the Personal Information
"products-completed operations hazard". "Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
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UMBRELLA
16. Knowing Violation Of Rights Of Another c. Trade dress;
"Personal injury" or "advertising injury" caused d. Trade name;
by or at the direction of the insured with the
e. Trademark;
knowledge that the act would violate the rights
of another and would inflict "personal injury" f. Trade secret; or
or "advertising injury". g. Other intellectual property rights or laws.
17. Material Published With Knowledge Of This exclusion does not apply to:
Falsity
a. "Advertising injury" arising out of any
"Personal injury" or "advertising injury" arising actual or alleged infringement or violation
out of oral or written publication, including of another's copyright, "title" or "slogan" in
publication by electronic means, of material, if your "advertisement"; or
done by or at the direction of the insured with
knowledge of its falsity. b. Any other "personal injury" or "advertising
injury" alleged in any claim or "suit" that
18. Material Published Or Used Prior To Policy also alleges any such infringement or
Period violation of another's copyright, "title" or
a. "Personal injury" or "advertising injury" "slogan" in your "advertisement".
arising out of oral or written publication, 24. Insureds In Media And Internet Type
including publication by electronic means, Business
of material whose first publication took
place before the beginning of the policy "Personal injury" or "advertising injury" arising
period; or out of an offense committed by an insured
whose business is:
b. "Advertising injury" arising out of
infringement of copyright, "title" or a. Advertising, "broadcasting" or publishing;
"slogan" in your "advertisement" whose b. Designing or determining content of web-
first infringement in your "advertisement" sites for others; or
was committed before the beginning of
the policy period.
c. An Internet search, access, content or
service provider.
19. Criminal Acts
This exclusion does not apply to Paragraphs
"Personal injury" or "advertising injury" arising a.(1), (2) and (3) of the definition of "personal
out of a criminal act committed by or at the injury".
direction of the insured.
For the purposes of this exclusion:
20. Breach Of Contract
a. Creating and producing correspondence
"Personal injury" or "advertising injury" arising written in the conduct of your business,
out of a breach of contract. bulletins, financial or annual reports, or
21. Quality Or Performance Of Goods – Failure newsletters about your goods, products or
To Conform To Statements services will not be considered the
business of publishing; and
"Advertising injury" arising out of the failure of
goods, products or services to conform with b. The placing of frames, borders or links, or
any statement of quality or performance made advertising, for you or others anywhere on
in your "advertisement". the Internet will not, by itself, be
considered the business of advertising,
22. Wrong Description Of Prices "broadcasting" or publishing.
"Advertising injury" arising out of the wrong
25. Electronic Chatrooms Or Bulletin Boards
description of the price of goods, products or
services stated in your "advertisement". "Personal injury" or "advertising injury" arising
out of an electronic chatroom or bulletin board
23. Intellectual Property the insured hosts, owns or over which the
"Personal injury" or "advertising injury" arising insured exercises control.
out of any actual or alleged infringement or
26. Unauthorized Use Of Another's Name Or
violation of any of the following rights or laws,
or any other "personal injury" or "advertising
Product
"Personal injury" or "advertising injury" arising
injury" alleged in any claim or "suit" that also
alleges any such infringement or violation: out of the unauthorized use of another's name
or product in your e-mail address, domain
a. Copyright; name or metatag, or any other similar tactics
b. Patent; to mislead another's potential customers.
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 22
UMBRELLA
C. With respect to Coverage C: 4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
Newly Acquired, Controlled Or Formed
on that date.
Entities
5. If this insurance is cancelled, we will send
"Crisis management service expenses" arising out such first Named Insured any premium refund
of a "crisis management event" that involves any due. If we cancel, the refund will be pro rata. If
organization you newly acquire or form and that such first Named Insured cancels, the refund
occurred prior to the date you acquired or formed may be less than pro rata. The cancellation
that organization, even if an "executive officer" will be effective even if we have not made or
only first becomes aware of an "event" or offered a refund.
"occurrence" that leads to such "crisis
management event" after the date you acquired or 6. If notice is mailed, proof of mailing will be
formed such organization. sufficient proof of notice.
SECTION V – CONDITIONS D. CHANGES
This policy contains all the agreements between
A. APPEALS you and us concerning the insurance afforded. No
1. If the insured or the insured's "underlying change can be made in the terms of this
insurer" elects not to appeal a judgment which insurance except with our consent. The terms of
exceeds the "applicable underlying limit" or this insurance can be amended or waived only by
"self-insured retention", we may do so. endorsement issued by us and made a part of this
policy.
2. If we appeal such a judgment, we will pay all
costs of the appeal. These payments will not E. CURRENCY
reduce the applicable limits of insurance. In Payments for damages or expenses described in
no event will our liability exceed the applicable Paragraph 5. of Paragraph D., DEFENSE AND
limit of insurance. SUPPLEMENTARY PAYMENTS, of SECTION I
B. BANKRUPTCY – COVERAGES will be in the currency of the
United States of America. At our sole option, we
1. Bankruptcy or insolvency of the insured or of may make these payments in a different currency.
the insured's estate will not relieve us of our Any necessary currency conversion for such
obligations under this insurance. payments will be calculated based on the rate of
2. In the event of bankruptcy or insolvency of exchange published in the Wall Street Journal
any "underlying insurer", this insurance will immediately preceeding the date the payment is
not replace such bankrupt or insolvent processed.
"underlying insurer's" policy, and this F. DUTIES REGARDING AN EVENT,
insurance will apply as if such "underlying OCCURRENCE, CLAIM OR SUIT
insurer" had not become bankrupt or
insolvent. 1. You must see to it that we are notified as
soon as practicable of an "event" or
C. CANCELLATION "occurrence" which may result in a claim
under this insurance. To the extent possible,
1. The first Named Insured shown in the
notice should include:
Declarations may cancel this insurance by
mailing or delivering to us advance written a. How, when and where the "event" or
notice of cancellation. "occurrence" took place;
2. We may cancel this insurance by mailing or b. The names and addresses of any
delivering to such first Named Insured written persons or organizations sustaining injury,
notice of cancellation at least: damage or loss, and the names and
addresses of any witnesses; and
a. 10 days before the effective date of
cancellation if we cancel for nonpayment c. The nature and location of any injury or
of premium; or damage arising out of the "event" or
"occurrence".
b. 60 days before the effective date of
cancellation if we cancel for any other 2. If a claim is made or "suit" is brought against
any insured which may result in a claim under
reason.
this insurance, you must see to it that we
3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as
Named Insured's last mailing address known soon as practicable.
to us.
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UMBRELLA
3. With respect to Coverage A, the insured G. DUTIES REGARDING A CRISIS MANAGEMENT
must: EVENT
a. Cooperate with us in the investigation, You must:
settlement or defense of any claim or
"suit"; 1. Notify us within 30 days of a "crisis
management event" that may result in "crisis
b. Comply with the terms of the "underlying management service expenses".
insurance"; and
c. Pursue all rights of contribution or 2. Provide written notice of the "crisis
management event" as soon as practicable.
indemnity against any person or
To the extent possible, notice should include:
organization who may be liable to the
insured because of the injury, damage or a. How, when and where that "crisis
loss for which insurance is provided under management event" took place;
this policy or any policy of "underlying
insurance". b. The names and addresses of any
persons or organizations sustaining injury,
4. With respect to Coverage B, the insured damage or loss, and the named and
must: addresses of any witnesses;
a. Immediately send us copies of any c. The nature and location of any injury or
demands, notices, summonses or legal damage arising out of that "crisis
papers received in connection with the management event"; and
claim or "suit";
d. The reason that "crisis management
b. Authorize us to obtain necessary records event" is likely to involve damages
and other information; covered by this insurance in excess of the
c. Cooperate with us in the investigation, "applicable underlying limit" or "self-
settlement or defense of any claim or insured retention" and involve regional or
"suit"; and national media coverage.
d. Assist us, upon our request, in the H. EXAMINATION OF YOUR BOOKS AND
enforcement of any right against any RECORDS
person or organization which may be We may examine and audit your books and
liable to the insured because of injury or records as they relate to this insurance:
damage to which Coverage B may apply.
1. At any time during the policy period;
5. No insured will, except at that insured's own
expense, voluntarily make a payment,
2. Up to three years after the end of the policy
assume any obligation, make any admission period; and
or incur any expense, other than for first aid 3. Within one year after final settlement of all
for "bodily injury" covered by this insurance, claims under this insurance.
without our consent.
I. EXTENDED REPORTING PERIOD OPTION
6. Knowledge of an "event", "occurrence", claim
or "suit" by your agent, servant or "employee"
1. When the "underlying insurance" applies on a
claims-made basis, any automatic or basic
will not constitute knowledge by you, unless
"extended reporting period" in such
your insurance or risk manager, or anyone
"underlying insurance" will apply to this
working in the capacity as your insurance or
insurance.
risk manager, or anyone you designate with
the responsibility of reporting an "event", 2. When the "underlying insurance" applies on a
"occurrence", claim or "suit": claims-made basis and you elect to purchase
an optional or supplemental "extended
a. Has received notice of such "event",
reporting period" in such "underlying
"occurrence", claim or "suit" from such
insurance," that "extended reporting period"
agent, servant or "employee"; or
will apply to this insurance only if:
b. Otherwise has knowledge of such "event", a. A written request to purchase an
"occurrence", claim or "suit". Extended Reporting Period endorsement
for this insurance is made by you and
received by us within 90 days after the
end of the policy period;
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UMBRELLA
b. You have paid all premiums due for this b. To sue us on this insurance unless all of
policy at the time you make such request; its terms have been fully complied with.
c. You promptly pay the additional premium 2. A person or organization may sue us to
we charge for the Extended Reporting recover on an agreed settlement or on a final
Period endorsement for this insurance judgment against an insured. We will not be
when due. We will determine that liable for damages that:
additional premium after we have
received your request for the Extended
a. Are not payable under the terms of this
insurance; or
Reporting Period endorsement for this
insurance. That additional premium is not b. Are in excess of the applicable limit of
subject to any limitation stated in the insurance.
"underlying insurance" on the amount or An agreed settlement means a settlement
percentage of additional premium that and release of liability signed by us, the
may be charged for the "extended insured and the claimant or the claimant's
reporting period" in such "underlying legal representative.
insurance"; and
L. MAINTENANCE OF UNDERLYING INSURANCE
d. That Extended Reporting Period
endorsement is issued by us and made a 1. The insurance afforded by each policy of
part of this policy. "underlying insurance" will be maintained for
the full policy period of this Excess Follow-
3. Any Extended Reporting Period endorsement Form And Umbrella Liability Insurance. This
for this insurance will not reinstate or increase
provision does not apply to the reduction or
the Limits of Insurance or extend the policy exhaustion of the aggregate limit or limits of
period. such "underlying insurance" solely by
4. Except with respect to any provisions to the payments as permitted in Paragraphs 4.a.(1),
contrary contained in Paragraphs 1., 2. or 3. (2) and (3) of COVERAGE A – EXCESS
above, all provisions of any option to FOLLOW-FORM LIABILITY of SECTION I –
purchase an "extended reporting period" COVERAGES. As such policies expire, you
granted to you in the "underlying insurance" will renew them at limits and with coverage at
apply to this insurance. least equal to the expiring limits of insurance.
J. INSPECTIONS AND SURVEYS If you fail to comply with the above
requirements, Coverage A is not invalidated.
1. We have the right but are not obligated to: However, in the event of a loss, we will pay
a. Make inspections and surveys at any only to the extent that we would have paid had
time; you complied with the above requirements.
b. Give you reports on the conditions we 2. The first Named Insured shown in the
find; and Declarations must give us written notice of
any change in the "underlying insurance" as
c. Recommend changes. respects:
2. Any inspections, surveys, reports or
a. Coverage;
recommendations relate only to insurability
and the premiums to be charged. We do not b. Limits of insurance;
make safety inspections. We do not c. Termination of any coverage; or
undertake to perform the duty of any person
or organization to provide for the health or d. Exhaustion of aggregate limits.
safety of workers or the public. We do not 3. If you are unable to recover from any
warrant that conditions: "underlying insurer" because you fail to
a. Are safe or healthful; or comply with any term or condition of the
"underlying insurance", Coverage A is not
b. Comply with laws, regulations, codes or invalidated. However, we will pay for any loss
standards. only to the extent that we would have paid had
K. LEGAL ACTION AGAINST US you complied with that term or condition in
that "underlying insurance".
1. No person or organization has a right under
this insurance: M. OTHER INSURANCE
a. To join us as a party or otherwise bring us This insurance is excess over any valid and
into a "suit" asking for damages from an collectible "other insurance" whether such "other
insured; or insurance" is stated to be primary, contributing,
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UMBRELLA
excess, contingent or otherwise. This provision P. PROHIBITED COVERAGE – UNLICENSED
does not apply to a policy bought specifically to INSURANCE
apply as excess of this insurance.
1. With respect to loss sustained by any insured
However, if you specifically agree in a written in a country or jurisdiction in which we are not
contract or agreement that the insurance provided licensed to provide this insurance, this
to any person or organization that qualifies as an insurance does not apply to the extent that
insured under this insurance must apply on a insuring such loss would violate the laws or
primary basis, or a primary and non-contributory regulations of such country or jurisdiction.
basis, then insurance provided under Coverage A
2. We do not assume responsibility for:
is subject to the following provisions:
a. The payment of any fine, fee, penalty or
1. This insurance will apply before any "other other charge that may be imposed on any
insurance" that is available to such additional person or organization in any country or
insured which covers that person or jurisdiction because we are not licensed
organization as a named insured, and we will to provide insurance in such country or
not share with that "other insurance", provided jurisdiction; or
that the injury or damage for which coverage
is sought is caused by an "event" that takes b. The furnishing of certificates or other
place or is committed subsequent to the evidence of insurance in any country or
signing of that contract or agreement by you. jurisdiction in which we are not licensed to
provide insurance.
2. This insurance is still excess over any valid
and collectible "other insurance", whether Q. PROHIBITED COVERAGE – TRADE OR
primary, excess, contingent or otherwise, ECONOMIC SANCTIONS
which covers that person or organization as We will provide coverage for any loss, or
an additional insured or as any other insured otherwise will provide any benefit, only to the
that does not qualify as a named insured. extent that providing such coverage or benefit
N. PREMIUM does not expose us or any of our affiliated or
parent companies to:
1. The first Named Insured shown in the
1. Any trade or economic sanction under any law
Declarations is responsible for the payment of
or regulation of the United States of America;
all premiums and will be the payee for any
or
return premiums.
2. Any other applicable trade or economic
2. If the premium is a flat charge, it is not subject sanction, prohibition or restriction.
to adjustment except as provided in
Paragraph 4. below. R. REPRESENTATIONS
3. If the premium is other than a flat charge, it is By accepting this insurance, you agree:
an advance premium only. The earned 1. The statements in the Declarations and any
premium will be computed at the end of the subsequent notice relating to "underlying
policy period, or at the end of each year of the insurance" are accurate and complete;
policy period if the policy period is two years
2. Those statements are based upon
or longer, at the rate shown in the
representations you made to us; and
Declarations, subject to the Minimum
Premium. 3. We have issued this insurance in reliance upon
your representations.
4. Additional premium may become payable
when coverage is provided for additional S. SEPARATION OF INSUREDS
insureds under the provisions of SECTION II Except with respect to the Limits of Insurance,
– WHO IS AN INSURED. and any rights or duties specifically assigned in
this policy to the first Named Insured shown in the
O. PREMIUM AUDIT Declarations, this insurance applies:
The premium for this policy is the amount stated
1. As if each Named Insured were the only
in Item 5. of the Declarations. The premium is a Named Insured; and
flat charge unless it is specified in the
Declarations as adjustable. 2. Separately to each insured against whom
claim is made or "suit" is brought.
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UMBRELLA
T. WAIVER OR TRANSFER OF RIGHTS OF provision does not affect our right to collect
RECOVERY AGAINST OTHERS TO US additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
1. If the insured has rights to recover all or part
applicable insurance laws or regulations.
of any payment we have made under this
insurance, those rights are transferred to us W. WHEN LOSS IS PAYABLE
and the insured must do nothing after loss to If we are liable under this insurance, we will pay
impair them. At our request, the insured will for injury, damage or loss after:
bring suit or transfer those rights to us and
help us, and with respect to Coverage A, the 1. The insured's liability is established by:
"underlying insurer", enforce them. a. A court decision; or
If the insured has agreed in a contract or
agreement to waive that insured's right of
b. A written agreement between the
claimant, the insured, any "underlying
recovery against any person or organization,
insurer" and us; and
we waive our right of recovery against that
person or organization, but only for payments 2. The amount of the "applicable underlying
we make because of an "event" that takes limit" or "self-insured retention" is paid by or
place or is committed subsequent to the on behalf of the insured.
execution of that contract or agreement by
such insured.
SECTION VI – DEFINITIONS
2. Reimbursement of any amount recovered will A. With respect to all coverages of this insurance:
be made in the following order: 1. "Applicable underlying limit" means the sum of:
a. First, to any person or organization a. The applicable limit of insurance stated
(including us or the insured) who has paid for the policies of "underlying insurance"
any amount in excess of the applicable in the Schedule Of Underlying Insurance
limit of insurance; subject to the provisions in Paragraphs
b. Next, to us; and 4.a.(1), (2) and (3) of COVERAGE A –
c. Then, to any person or organization EXCESS FOLLOW-FORM LIABILITY of
(including the insured and with respect to SECTION I – COVERAGES; and
Coverage A, the "underlying insurer") that b. The applicable limit of insurance of any
is entitled to claim the remainder, if any. "other insurance" that applies.
3. Expenses incurred in the process of recovery The limits of insurance in any policy of
will be divided among all persons or "underlying insurance" will apply even if:
organizations receiving amounts recovered
according to the ratio of their respective a. The "underlying insurer" claims the
recoveries. insured failed to comply with any term or
condition of the policy; or
U. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS INSURANCE b. The "underlying insurer" becomes
1. Your rights and duties under this insurance bankrupt or insolvent.
may not be transferred without our written 2. "Auto hazard" means all "bodily injury" and
consent except in the case of death of an "property damage" to which liability insurance
individual Named Insured. afforded under an auto policy of "underlying
2. If you die, your rights and duties will be insurance" would apply but for the exhaustion
transferred to your legal representative but of its applicable limits of insurance.
only while acting within the scope of duties as 3. "Electronic data" means information, facts or
your legal representative. Until your legal programs stored as or on, created or used on,
representative is appointed, anyone having or transmitted to or from computer software
proper temporary custody of your property will (including systems and applications software),
have your rights and duties but only with hard or floppy disks, CD-ROMs, tapes, drives,
respect to that property. cells, data processing devices or any other
V. UNINTENTIONAL OMISSION OR ERROR media which are used with electronically
The unintentional omission of, or unintentional controlled equipment.
error in, any information provided by you which we 4. "Event" means an "occurrence", offense,
relied upon in issuing this policy will not prejudice accident, act, error, omission, wrongful act or
your rights under this insurance. However, this loss.
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5. "Extended reporting period" means any period Work that may need service,
of time, starting with the end of the policy maintenance, correction, repair or
period of your claims-made insurance, during replacement, but which is otherwise
which claims or "suits" may be first made, complete, will be treated as
brought or reported for that insurance. completed.
6. "Medical expenses" means expenses to b. Does not include "bodily injury" or
which any Medical Payments section of any "property damage" arising out of:
policy of Commercial General Liability
"underlying insurance" applies. (1) The transportation of property, unless
the injury or damage arises out of a
7. "Other insurance" means insurance, or the condition in or on a vehicle not owned
funding of losses, that is provided by, through or operated by you, and that condition
or on behalf of: was created by the "loading or
a. Another insurance company; unloading" of that vehicle by any
insured;
b. Us or any of our affiliated insurance
companies; (2) The existence of tools, uninstalled
equipment or abandoned or unused
c. Any risk retention group; materials; or
d. Any self-insurance method or program, in
which case the insured will be deemed to
(3) Products or operations for which the
classification listed in a policy of
be the provider of such insurance; or
Commercial General Liability
e. Any similar risk transfer or risk "underlying insurance" states that
management method. products-completed operations are
"Other insurance" does not include: subject to the General Aggregate
Limit.
a. Any "underlying insurance"; or
9. "Suit" means a civil proceeding which alleges
b. Any policy of insurance specifically damages. "Suit" includes:
purchased to be excess of the limits of
insurance of this policy shown in the a. An arbitration proceeding in which
Declarations. damages are claimed and to which the
insured must submit or does submit with
8. "Products-completed operations hazard":
our consent; or
a. Includes all "bodily injury" and "property
damage" occurring away from premises b. Any other alternative dispute resolution
you own or rent and arising out of "your proceeding to which the insured submits
product" or "your work" except: with our consent.
(1) Products that are still in your physical 10. "Underlying insurance":
possession; or a. Means the policy or policies of insurance
(2) Work that has not yet been listed in the Schedule Of Underlying
completed or abandoned. However, Insurance.
"your work" will be deemed completed
at the earliest of the following times:
b. Includes any renewal or replacement of
such policies if such renewal or
(a) When all the work called for in replacement is during the policy period of
your contract has been this Excess Follow-Form And Umbrella
completed; Liability Insurance.
(b) When all the work to be done at c. Does not include any part of the policy
the job site has been completed if period of any of the policies described in
your contract calls for work at Paragraphs a. or b. above that began
more than one job site; or before, or that continues after, the policy
(c) When that part of the work done period of this Excess Follow-Form And
at a job site has been put to its Umbrella Liability Insurance.
intended use by any person or
11. "Underlying insurer" means any insurer which
organization other than another
provides a policy of insurance listed in the
contractor or subcontractor Schedule Of Underlying Insurance.
working on the same project.
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UMBRELLA
B. With respect to Coverage B and, to the extent that including any attached machinery or
the following terms are not defined in the equipment; or
"underlying insurance", to Coverage A: b. Any other land vehicle that is subject to a
1. "Advertisement" means a notice that is compulsory or financial responsibility law
broadcast or published to the general public or other motor vehicle insurance law
or specific market segments about your where it is licensed or principally garaged.
goods, products or services for the purpose of However, "auto" does not include "mobile
attracting customers or supporters. For the equipment".
purposes of this definition:
4. "Bodily injury" means:
a. Notices that are published include
material placed on the Internet or on a. Physical harm, including sickness or
similar electronic means of disease, sustained by a person; or
communication; and b. Mental anguish, injury or illness, or
b. Regarding web sites, only that part of a emotional distress, resulting at any time
web site that is about your goods, from such physical harm, sickness or
products or services for the purposes of disease.
attracting customers or supporters is 5. "Broadcasting" means transmitting any audio
considered an advertisement. or visual material for any purpose:
2. "Advertising injury": a. By radio or television; or
a. Means injury, other than "personal injury", b. In, by or with any other electronic means
caused by one or more of the following of communication, such as the Internet, if
offenses: that material is part of:
(1) Oral or written publication, including (1) Radio or television programming
publication by electronic means, of being transmitted;
material in your "advertisement" that
slanders or libels a person or (2) Other entertainment, educational,
organization or disparages a person's instructional, music or news
or organization's goods, products or programming being transmitted; or
services, provided that the claim is (3) Advertising transmitted with any such
made or the "suit" is brought by a programming.
person or organization that claims to
have been slandered or libeled, or 6. "Consumer financial identity information"
that claims to have had its goods, means any of the following information for a
products or services disparaged; person that is used or collected for the
purpose of serving as a factor in establishing
(2) Oral or written publication, including such person's eligibility for personal credit,
publication by electronic means, of insurance or employment or for the purpose
material in your "advertisement" that: of conducting a business transaction:
(a) Appropriates a person's name, a. Part or all of the account number, the
voice, photograph or likeness; or expiration date or the balance of any
(b) Unreasonably places a person in credit, debit, bank or other financial
a false light; or account;
(3) Infringement of copyright, "title" or b. Information bearing on a person's credit
"slogan" in your "advertisement", worthiness, credit standing or credit
provided that the claim is made or the capacity;
"suit" is brought by a person or c. Social security number;
organization that claims ownership of
such copyright, "title" or "slogan". d. Driver's license number; or
b. Includes "bodily injury" caused by one or e. Birth date.
more of the offenses described in 7. "Consumer financial protection law" means:
Paragraph a. above.
a. The Fair Credit Reporting Act (FCRA) and
3. "Auto" means: any of its amendments, including the Fair
a. A land motor vehicle, trailer or semitrailer and Accurate Credit Transactions Act
designed for travel on public roads, (FACTA);
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UMBRELLA
b. California's Song-Beverly Credit Card Act b. Vehicles maintained for use solely on or
and any of its amendments; or next to premises you own or rent.
c. Any other law or regulation that restricts c. Vehicles that travel on crawler treads.
or prohibits the collection, dissemination, d. Vehicles, whether self-propelled or not,
transmission, distribution or use of maintained primarily to provide mobility to
"consumer financial identity information". permanently mounted:
8. "Employee" includes a "leased worker".
(1) Power cranes, shovels, loaders,
"Employee" does not include a "temporary
diggers or drills; or
worker".
(2) Road construction or resurfacing
9. "Good Samaritan services" means any
equipment such as graders, scrapers
emergency medical services for which no
or rollers.
compensation is demanded or received.
10. "Impaired property" means tangible property, e. Vehicles not described in Paragraph a., b.,
other than "your product" or "your work", that c. or d. above that are not self-propelled
cannot be used or is less useful because: and are maintained primarily to provide
mobility to permanently attached
a. It incorporates "your product" or "your equipment of the following types:
work" that is known or thought to be
defective, deficient, inadequate or (1) Air compressors, pumps and
dangerous; or generators, including spraying,
welding, building cleaning, geophysical
b. You have failed to fulfill the terms of a exploration, lighting and well servicing
contract or agreement; equipment; or
if such property can be restored to use by the (2) Cherry pickers and similar devices
repair, replacement, adjustment or removal of used to raise or lower workers.
"your product" or "your work" or your fulfilling
the terms of the contract or agreement. f. Vehicles not described in Paragraph a., b.,
c. or d. above maintained primarily for
11. "Leased worker" means a person leased to purposes other than the transportation of
you by a labor leasing firm under an persons or cargo.
agreement between you and the labor leasing
firm, to perform duties related to the conduct However, self-propelled vehicles with the
of your business. "Leased worker" does not following types of permanently attached
include a "temporary worker". equipment are not "mobile equipment" but
will be considered "autos":
12. "Loading or unloading" means the handling of
property: (1) Equipment designed primarily for:
a. After it is moved from the place where it is (a) Snow removal;
accepted for movement into or onto an (b) Road maintenance, but not
aircraft, watercraft or "auto"; construction or resurfacing; or
b. While it is in or on an aircraft, watercraft (c) Street cleaning;
or "auto"; or
(2) Cherry pickers and similar devices
c. While it is being moved from an aircraft, mounted on automobile or truck
watercraft or "auto" to the place where it chassis and used to raise or lower
is finally delivered; workers; and
but "loading or unloading" does not include (3) Air compressors, pumps and
the movement of property by means of a generators, including spraying,
mechanical device, other than a hand truck, welding, building cleaning, geophysical
that is not attached to the aircraft, watercraft exploration, lighting and well servicing
or "auto". equipment.
13. "Mobile equipment" means any of the following However, "mobile equipment" does not include
types of land vehicles, including any attached any land vehicle that is subject to a compulsory
machinery or equipment: or financial responsibility law, or other motor
vehicle insurance law, where it is licensed or
a. Bulldozers, farm machinery, forklifts and principally garaged. Such land vehicles are
other vehicles designed for use principally considered "autos".
off public roads.
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UMBRELLA
14. "Occurrence" means: (3) The wrongful eviction from, wrongful
a. With respect to "bodily injury" or "property entry into, or invasion of the right of
damage": private occupancy of a room, dwelling
or premises that a person occupies,
(1) An accident, including continuous or provided that the wrongful eviction,
repeated exposure to substantially the wrongful entry or invasion of the right
same general harmful conditions, of private occupancy is committed by
which results in "bodily injury" or or on behalf of the owner, landlord or
"property damage". All "bodily injury" lessor of that room, dwelling or
or "property damage" caused by such premises;
exposure to substantially the same
general harmful conditions will be (4) Oral or written publication, including
deemed to be caused by one publication by electronic means, of
"occurrence"; or material that slanders or libels a
person or organization or disparages
(2) An act or omission committed in a person's or organization's goods,
providing or failing to provide first aid products or services, provided that
or "Good Samaritan services" to a the claim is made or the "suit" is
person by any of your "employees" or brought by a person or organization
"volunteer workers" other than an that claims to have been slandered or
employed or volunteer doctor, unless libeled, or that claims to have had its
you are in the business or occupation goods, products or services
of providing professional health care disparaged; or
services;
(5) Oral or written publication, including
b. With respect to "personal injury", an publication by electronic means, of
offense arising out of your business that material that:
results in "personal injury". All "personal
injury" caused by the same or related (a) Appropriates a person's name,
injurious material, act or offense will be voice, photograph or likeness; or
deemed to be caused by one (b) Unreasonably places a person in
"occurrence", regardless of the frequency a false light.
or repetition thereof, the number and kind
of media used or the number of persons b. Includes "bodily injury" caused by one or
or organizations making claims or more of the offenses described in
bringing "suits"; and Paragraph a. above.
c. With respect to "advertising injury", an 17. "Pollutants" mean any solid, liquid, gaseous or
offense committed in the course of thermal irritant or contaminant, including
advertising your goods, products and smoke, vapor, soot, fumes, acids, alkalis,
services that results in "advertising injury". chemicals and waste. Waste includes
All "advertising injury" caused by the materials to be recycled, reconditioned or
same or related injurious material, act or reclaimed.
offense will be deemed to be caused by 18. "Property damage" means:
one "occurrence", regardless of the
frequency or repetition thereof, the a. Physical injury to tangible property,
number and kind of media used or the including all resulting loss of use of that
number of persons or organizations property. All such loss of use will be
making claims or bringing "suits". deemed to occur at the time of the
physical injury that caused it; or
15. "Officer" means a person holding any of the
officer positions created by your charter, b. Loss of use of tangible property that is not
constitution, bylaws or any other similar physically injured. All such loss of use will
governing document. be deemed to occur at the time of the
"occurrence" that caused it.
16. "Personal injury":
For the purposes of this insurance,
a. Means injury, other than "advertising "electronic data" is not tangible property.
injury", caused by one or more of the
following offenses: 19. "Self-insured retention" is the greater of:
(1) False arrest, detention or a. The amount shown in the Declarations
imprisonment; which the insured must first pay under
(2) Malicious prosecution; Coverage B for damages because of all
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UMBRELLA
"bodily injury", "property damage", b. Includes:
"personal injury" or "advertising injury"
arising out of any one "occurrence"; or
(1) Warranties or representations made
at any time with respect to the fitness,
b. The applicable limit of insurance of any quality, durability, performance or use
"other insurance" that applies. of "your product"; and
20. "Slogan": (2) The providing of or failure to provide
warnings or instructions.
a. Means a phrase that others use for the
purpose of attracting attention in their c. Does not include vending machines or
advertising. other property rented to or located for the
use of others but not sold.
b. Does not include a phrase used as, or in,
26. "Your work":
the name of:
a. Means:
(1) Any person or organization other than
you; or (1) Work or operations performed by you
or on your behalf; and
(2) Any business, or any of the premises,
goods, products, services or work, of (2) Materials, parts or equipment
any person or organization other than furnished in connection with such
you. work or operations.
21. "Temporary worker" means a person who is b. Includes:
furnished to you to substitute for a permanent (1) Warranties or representations made
"employee" on leave or to meet seasonal or at any time with respect to the fitness,
short-term workload conditions. quality, durability, performance or use
of "your work"; and
22. "Title" means the name of a literary or artistic
work. (2) The providing of or failure to provide
warnings or instructions.
23. "Unsolicited communication" means any
communication, in any form, that the recipient C. With respect to Coverage C:
of such communication did not specifically 1. "Crisis management advisor" means any
request to receive. public relations firm or crisis management
firm approved by us that is hired by you to
24. "Volunteer worker" means a person who is
perform "crisis management services" in
not your "employee", and who donates his or
connection with a "crisis management event".
her work and acts at the direction of and
within the scope of duties determined by you, 2. "Crisis management event" means an "event"
and is not paid a fee, salary or other or "occurrence" that your "executive officer"
compensation by you or anyone else for their reasonably determines has resulted, or may
work performed by you. result, in:
25. "Your product": a. Damages covered by this Coverage A or
Coverage B that are in excess of the total
a. Means: applicable limits of the "underlying
(1) Any goods or products, other than insurance" or "self-insured retention"; and
real property, manufactured, sold, b. Significant adverse regional or national
handled, distributed or disposed of by: media coverage.
(a) You; 3. "Crisis management service expenses"
(b) Others trading under your name; means amounts incurred by you, after a
or "crisis management event" first commences
and before such event ends:
(c) A person or organization whose
business or assets you have a. For the reasonable and necessary:
acquired; and (1) Fees and expenses of a "crisis
(2) Containers (other than vehicles),
management advisor" in the
materials, parts or equipment performance for you of "crisis
furnished in connection with such management services" solely for a
goods or products. "crisis management event"; and
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UMBRELLA
(2) Costs for printing, advertising, mailing 4. "Crisis management services" means those
of materials or travel by your services performed by a "crisis management
directors, officers, employees or advisor" in advising you or minimizing
agents or a "crisis management potential harm to you from a "crisis
advisor" solely for a "crisis management event" by maintaining or
management event"; and restoring public confidence in you.
b. For the following expenses resulting from 5. "Executive officer" means your:
such "crisis management event", provided a. Chief Executive Officer;
that such expenses have been approved
b. Chief Operating Officer;
by us:
c. Chief Financial Officer;
(1) Medical expenses;
d. President;
(2) Funeral expenses;
e. General Counsel;
(3) Psychological counseling;
f. General partner (if you are a partnership); or
(4) Travel expenses;
g. Sole proprietor (if you are a sole
(5) Temporary living expenses; proprietorship);
(6) Expenses to secure the scene of a or any person acting in the same capacity as
"crisis management event"; or any individual listed above.
(7) Any other expenses pre-approved by
us.
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