ELECCON-14 JSTEELE
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 8/25/2025
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).
PRODUCER License # 231432
CONTACT
NAME:
Marietta, GA-Hub International Gulf South PHONE FAX
(A/C, No, Ext): (678) 401-3212 (A/C, No):
78 Cole Street NE E-MAIL
Suite 100 ADDRESS: Jill.steele@hubinternational.com
Marietta, GA 30060
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Frankenmuth Insurance Company 13986
INSURED INSURER B :
Electrical Contractor Inc INSURER C :
8141 Technology Drive
Suite D INSURER D :
Covington, GA 30014 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
1,000,000
CLAIMS-MADE X OCCUR
X X 6741747 6/25/2025 6/25/2026 DAMAGE TO RENTED
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 PRO-
JECT X LOC PRODUCTS - COMP/OP AGG $
2,000,000
OTHER:
EPLI $
50,000
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
1,000,000
X ANY AUTO X X 6741746 6/25/2025 6/25/2026 BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $
5,000,000
EXCESS LIAB CLAIMS-MADE 6741747 6/25/2025 6/25/2026 AGGREGATE $
5,000,000
DED X RETENTION $ 10,000 $
A WORKERS COMPENSATION X PER
STATUTE
OTH-
ER
AND EMPLOYERS' LIABILITY
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE X 6741745 6/25/2025 6/25/2026 E.L. EACH ACCIDENT $
500,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
500,000
If yes, describe under 500,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
A Leased/Rented Equip 6741747 6/25/2025 6/25/2026 150,000
A Installation Floater 6741747 6/25/2025 6/25/2026 Deductible: $1,000 200,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
When required by written contract blanket additional insured applies as respects: General Liability for ongoing and completed operations on a primary and
non-contributory basis per 19263 (12/20) and for Automobile Liability per 19348 (08/22). When required by written contract a blanket waiver of subrogation
applies for General Liability, Automobile Liability and Employers Liability per forms 19263 (12/20),19348 (08/22) and WC000313 (04/84)
respectively. Notice of cancellation will be delivered in accordance with policy provisions.
Umbrella follows form over the underlying additional insured endorsements and will not be broader than coverage provided by the 'underlying insurance'.
Notice of Cancellation provided within policy provisions.
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Dekalb County School District ACCORDANCE WITH THE POLICY PROVISIONS.
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: ELECCON-14 JSTEELE
LOC #: 1
ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY License # 231432 NAMED INSURED
Electrical Contractor Inc
Marietta, GA-Hub International Gulf South 8141 Technology Drive
POLICY NUMBER Suite D
Covington, GA 30014
SEE PAGE 1
CARRIER NAIC CODE
SEE PAGE 1 SEE P 1 EFFECTIVE DATE:
SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Description of Operations/Locations/Vehicles:
ALL PROJECTS
When required by written contract, Dekalb County School District, the Dekalb County Board of Education and all others as required
per the written contract, are Additional Insureds as respects General Liability and Automobile Liability per terms and conditions of
above referenced forms.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DIAMOND AUTO PREMIER ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement is subject to the provisions applying to the Business Auto Coverage Form, except as described
below.
SECTION 1 – WHO IS AN INSURED EXTENSIONS 3. Employees as Insureds
AND ADDITIONAL INTEREST COVERAGES Your "employees" are insureds while using a
A. SECTION II – LIABILITY COVERAGE, Para- covered "auto" in your business or your
graph A. Coverage, 1. Who Is An Insured is personal affairs, provided you do not own, hire,
changed by adding the following: or borrow that "auto".
1. Subsidiaries As Insureds 4. Hired Auto Liability For Employees
Any legally incorporated subsidiary in which An "employee" of yours is an "insured" while
you own more than 50% of the voting stock on operating an "auto" hired or rented under a
the effective date of this Coverage. However, contract or agreement in that "employee’s"
the Named Insured does not include any name, with your permission, while performing
subsidiary that is an "insured" under any other duties related to the conduct of your business.
automobile policy or would be an "insured" 5. Automatic Additional Interest
under such a policy but for its termination or Any person or organization whom you are
the exhaustion of its Limits of Insurance.
required to add as an Additional Insured on
2. Automatic Insured Status for Newly Formed this policy under a written contract or written
or Acquired Organizations agreement in effect on the date of the
Any organization that is newly acquired or "accident"; and signed by all parties prior to the
formed by you and over which you maintain "accident".
majority ownership will qualify as a Named This person or organization is an Additional
Insured if there is no other similar insurance Insured to the extent you are liable for an
available to that organization. However: "accident" caused in whole or in part, using a
a. Coverage under this provision is afforded covered "auto" being driven by you or any
only until the 180th day after you acquire or "insured".
form the organization or the end of the B. Primary and Noncontributory – Other
policy period, whichever is earlier; and Insurance Condition
b. Coverage does not apply to: SECTION IV – BUSINESS AUTO CONDITIONS,
(1) Newly formed or acquired joint ventures Paragraph B.5. Other Insurance Condition is
or partnerships; changed. The following is added to the and
supersedes any provision to the contrary:
(2) "Bodily injury" or "property damage"
resulting from an "accident" that 1. This insurance is primary to and will not seek
occurred before you formed or acquired contribution from any other insurance available
the organization; and to an Additional Insured under your policy
provided that:
(3) Any insured under any other automobile
liability policy or would be an insured a. The Additional Insured is a Named Insured
under such a policy but for the under such other insurance; and
termination of coverage or the b. You have agreed in writing in a contract or
exhaustion of policy liability limits of agreement that this insurance would be
insurance. primary and would not seek contribution
from any other insurance available to the
Additional Insured.
19348 08 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12
2. Regardless of the written contract or written C. Coverage for Certain Operations In Connection
agreement between you and an Additional with Railroads
Insured, this insurance is excess over any With regards to the use of covered "autos" in
other insurance whether primary, excess, operations for or affecting a railroad:
contingent or any other basis for which the
Additional Insured has been added as 1. SECTION V – DEFINITIONS, H. "Insured
additional insured on other policies. contract", 3. is deleted and replaced by the
following:
3. The most we will pay on behalf of the
Additional Insured is the amount of insurance 3. An easement or license agreement;
required in writing in a contract or agreement; 2. SECTION V – DEFINITIONS, H. "Insured
or available under the applicable Limits of contract", a. is deleted.
Insurance shown in the Declarations; D. Covered Autos Coverage Extension
whichever is less.
If SECTION 1 COVERED AUTOS is provided as
C. Automatic Waiver of Transfer of Rights of
Symbol 1 Any "Auto" then any "auto" includes
Recovery Against Others To Us mobile equipment subject to compulsory or
Paragraph A.5. Transfer Of Rights Of Recovery financial responsibility or other motor vehicle
Against Others To Us of SECTION IV – insurance law only.
BUSINESS AUTO CONDITIONS is changed with Covered mobile equipment includes only those
the addition of the following: "autos" that are land vehicles and that would
The Transfer of Rights Of Recovery Against qualify under the definition of "mobile equipment"
Others To Us Condition does not apply to any under this policy if they were not subject to a
person(s) or organization(s) for whom you are compulsory or financial responsibility law or other
required to waive subrogation with respect to the motor vehicle insurance law where they are
coverage provided under this Coverage Form, but licensed or principally garaged.
only to the extent that subrogation is waived: E. Drive Other Car – Automatic Coverage for
1. Under a written contract or written agreement Executive Officers
with such person(s) or organization(s); and 1. Changes in SECTION II – COVERED AUTOS
2. Prior to the "accident" or the "loss". LIABILITY COVERAGE
a. If Covered Auto Liability, Auto Medical
SECTION 2 – LIABILITY EXTENSIONS AND Payments, Comprehensive, Specified
ADDITIONAL COVERAGES Causes of Loss, Collision, or Uninsured and
Underinsured Motorist is shown in the
A. Bodily Injury Coverage Extension – Mental Declarations for any private passenger
Anguish auto, then the same type of coverage is
SECTION V – DEFINITIONS, C. "Bodily Injury" provided for Drive Other Car – Automatic
is deleted and replaced by the following: Coverage for Executive Officer.
"Bodily injury" means bodily injury, sickness or b. Any "auto" you don’t own, hire, or borrow is
disease sustained by a person, including mental a covered "auto" while being used by any
anguish and death sustained by the same person "executive officer" or by his or her spouse
that results from such bodily injury, sickness, or while a resident of the same household
disease. "Bodily injury" does not include mental except:
anguish or death that does not result from bodily (1) Any "auto" owned by that "executive
injury, sickness, or disease. officer" or by any member of his or her
B. Certain Trailers And Temporary Substitute household.
Autos Coverage Extension (2) Any "auto" used by that "executive
SECTION I – COVERED AUTOS, Paragraph C.1. officer" or his or her spouse while
is changed by the following: working in a business of selling,
servicing, repairing, or parking "autos".
Gross Vehicle Weight Rating of 3,000 pounds is
deleted and replaced with Gross Vehicle Weight
Rating of 5,000 pounds.
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2. Changes in Auto Medical Payments and In addition to the Limit of Insurance, we will pay
Uninsured and Underinsured Motorists reasonable “travel expenses” incurred by a family
Coverages member or associate of an “insured” or passenger
The following is added to Paragraph A.1. Who who is injured in an “accident” involving a covered
Is An Insured: “auto”, subject to the following conditions:
Any "executive officer" and his or her "family 1. Regardless of the number of traveling family
member" are "insureds" while "occupying" or members or associates, injured “insureds” or
while a pedestrian when being struck by any passengers, claims made or vehicles involved
"auto" you don’t own except: in the “accident”, the most we will pay for all
“travel expenses” resulting from any one
Any "auto" owned by an "executive officer" or “accident” is the limit displayed on the
by any "family member". Coverage Schedule.
3. Changes in SECTION III – PHYSICAL 2. Travel must be to visit the injured party at the
DAMAGE COVERAGE medical or rehabilitation facility or in the event
Any private passenger type "auto" you don’t of death, to the location necessary to handle
own, hire, or borrow is a covered "auto" while the immediate affairs of the deceased.
in the care, custody, or control of any 3. The limit shown on the Coverage Schedule is
"executive officer" or his or her spouse while a the most we will pay for the combined total
resident of the same household except: expenses of room accommodations, meals,
a. Any "auto" owned by that "executive officer" and parking for each family member or
or by any member of his or her household. associate is the per day limit shown on the
b. Any "auto" used by that "executive officer" Coverage Schedule.
while working in a business of selling, 4. Subject to the maximum limit shown on the
servicing, repairing, or parking "autos". Coverage Schedule, we will reimburse ground
4. Additional Definitions transportation using a personal vehicle at the
As used for Drive Other Car – Automatic current rate (rate during your time of travel) set
Coverage for Executive Officers the by the Federal government.
following definitions are added.
5. All “travel expenses” must be supported by
a. "Executive officer" means any person written receipts submitted to us no later than
holding any of the officer positions created one year from the date of the “accident”.
by your organization’s governing document.
b. "Family member" means a person related to “Travel expenses” mean only the following
the "executive officer" by blood, marriage or expenses: reasonable ground, rail or economy
adoption who is a resident of the "executive class air transportation; room accommodations;
officer’s" household, including a ward or meals and parking expenses.
foster child.
F. Expected or Intended Injury Coverage H. Fellow Employee Coverage Extension
Extension SECTION II – COVERED AUTOS LIABILITY
SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions Paragraph 5. Fellow
COVERAGE, B.1. Exclusion is deleted and Employee is deleted.
replaced with the following: I. Pollution Liability Additional Coverage
1. Expected Or Intended Injury 1. SECTION II – COVERED AUTOS LIABILITY
"Bodily injury" or "property damage" expected COVERAGE, B. Exclusions are changed as
or intended from the standpoint of the follows:
"insured". But this exclusion does not apply to a. Paragraph 11.a. Pollution Exclusion
"bodily injury" or "property damage" resulting applies only to liability assumed under a
from the use of reasonable force to protect contract or agreement.
persons or property.
b. With respect to the coverage afforded by
G. Family Emergency Travel Coverages Paragraph 1.a. above, Exclusion B.6.
The following is added to Paragraph A.2. Care, Custody Or Control does not apply.
Coverage Extensions of Section II – COVERED
AUTO LIABILITY COVERAGE
19348 08 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 13
2. Changes in SECTION V – DEFINITIONS for 3. The Aggregate Limit shown in the
the purposes of this coverage, Paragraph D. of Coverage Schedule is the most we will
the Definitions Section is replaced by the pay for the sum of all damages and
following: "covered pollution cost or expense"
D. "Covered pollution cost or expense" means involving the insurance provided by
any cost or expense arising out of: this endorsement. The Aggregate Limit
applies separately to each consecutive
1. Any request, demand, order or statutory annual period and to any remaining
or regulatory requirement that any period of less than 12 months, starting
"insured" or others test for, monitor, with the beginning of the Policy Period
clean up, remove, contain, treat, shown in the Declarations, unless the
detoxify or neutralize, or in any way Policy Period is extended after the
respond to, or assess the effects of issuance for an additional period of
"pollutants"; or less than 12 months. In that case, the
2. Any claim or "suit" by or on behalf of a additional period will be deemed part of
governmental authority for damages the last preceding period for purposes of
because of testing for, monitoring, determining the Aggregate Limit.
cleaning up, removing, containing, 4. This additional coverage does not apply
treating, detoxifying, or neutralizing, or to "autos" garaged in Vermont if
in any way responding to or assessing Vermont Changes form 19352 is
the effects of "pollutants". attached to policy.
"Covered pollution cost or expense" does J. Supplemental Payments
not include any cost or expense arising out
of the actual, alleged or threatened SECTION II – LIABILITY COVERAGE, A.
discharge, dispersal, seepage, migration, Coverage, 2. Coverage Extensions, a.
release or escape of "pollutants": Supplementary Payments is changed by:
a. Before the "pollutants" or any property in 1. Replacing the $2,000 Limits of Insurance for
which the "pollutants" are contained are bail bonds with the limits shown in the
moved from the place where they are Coverage Schedule and;
accepted by the "insured" for movement 2. Replacing the $250 Limits of Insurance for
into or onto the covered "auto"; or reasonable expenses with the limits shown in
b. After the "pollutants" or any property in the Coverage Schedule.
which the "pollutants" are contained are
moved from the covered "auto" to the SECTION 3 – PHYSICAL DAMAGE EXTENSIONS
place where they are finally delivered, AND ADDITIONAL COVERAGES
disposed of, or abandoned by the
"insured". Physical Damage Extensions and Additional
Coverages are only available for "autos" with
Paragraphs a. and b. above do not apply Comprehensive, Specified Causes of Loss, and
to "accidents" that occur away from Collision physical damage coverages. SECTION III –
premises owned by or rented to an PHYSICAL DAMAGE COVERAGE is changed as
"insured" with respect to "pollutants" not follows:
in or upon a covered "auto" if:
A. Airbag Coverage
(1) The "pollutants" or any property
in which the "pollutants" are B. Exclusions, 3.a. is changed by adding the
contained are upset, overturned, following:
or damaged as a result of the The mechanical and electrical breakdown portion
maintenance or use of a covered of this exclusion does not apply to the accidental
"auto"; and discharge of an airbag.
(2) The discharge, dispersal, seep- This coverage for airbags is excess over any other
age, migration, release or escape collectible insurance or warranty.
of the "pollutants" is caused B. Audio, Visual and Data Electronic Equipment
directly by such upset, overturn
or damage. Limits of Insurance Paragraph b. is changed by
deleting the $1,000 limit and replacing it with the
limit shown in the Coverage Schedule.
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C. Auto Replacement Option c. Extended Business Income
SECTION III – PHYSICAL DAMAGE If the necessary "suspension" of your
COVERAGE A.4 Coverage Extension is "operations" produces a "business income"
changed to include the following: loss payable under this endorsement, we
1. In the event of a total “loss” to a combustion will pay for the actual loss of "business
engine “auto” for which Comprehensive, income" you incur during the period that:
Specified Causes of Loss, or Collision (1) Begins on the date "business property"
coverage are provided, the Physical Damage is actually repaired or replaced and
Coverages are changed by the following: "operations" are resumed; and
a. If a combustion engine covered “auto” is (2) Ends on the earlier of:
replaced with a “hybrid auto” or an (a) The date you could restore your
“electric auto”, we will pay an additional "operations", with reasonable speed,
10% of the damaged or stolen auto’s to the level which would generate the
actual cash value or replacement cost up "business income" amount that
to the per auto limit shown in the would have existed if no direct and
Coverage Schedule., whichever is less; accidental loss or damage had
b. The damaged or stolen auto must be occurred; or
replaced and a copy of a bill of sale or (b) 60 consecutive days after the date
lease agreement must be received by us determined in Paragraph c.(1). How-
within 60 calendar days of the date of ever, Extended Business Income
“loss”; and Additional Coverage does not apply
c. If more than one auto is damaged or to loss of "business income" incurred
stolen in any one “loss”, the most we will as a result of unfavorable business
pay under this Coverage for any one conditions caused by the impact of
“loss” is shown as the per accident limit the Covered Cause of Loss in the
on the Coverage Schedule. area where "business property" is
D. Business Interruption Additional Coverage normally used. Loss of "business
income" must be caused by direct
1. Coverages and accidental loss or damage to
a. Business Income "business property" caused by or
We will pay for the actual loss of "business resulting from a Covered Cause of
Loss.
income" you sustain due to the necessary
"suspension" of your "operations" during d. Temporary Substitute And Newly
the "period of restoration". The "sus- Acquired Property
pension" must be caused by direct and The coverage applicable to "business
accidental loss or damage to "business property" under this endorsement is
property". The direct and accidental loss or extended to apply to:
damage must be caused by or result from a
Covered Cause of Loss and must occur (1) Property that is used as a temporary
while such "business property" is located substitute for "business property", but
within the coverage territory. only while such "business property" is
out of service due to breakdown, repair,
b. Extra Expense servicing, destruction, or direct and
We will pay the actual and necessary "extra accidental loss or damage;
expense" you incur during the "period of (2) Newly acquired property, other than
restoration" due to direct and accidental temporary substitute property described
loss or damage to "business property". The in Paragraph d.(1), but only if it serves
direct and accidental loss or damage must as a replacement for "business
be caused by or result from a Covered property".
Cause of Loss and must occur while such
"business property" is located within the
coverage territory.
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2. Covered Causes Of Loss (c) Insurrection, rebellion, revolution,
With respects to Business Interruption usurped power, or action taken by
coverage, the following Covered Causes of governmental authority in hindering
Loss apply: or defending against any of these.
a. Comprehensive, meaning any cause of b. When direct and accidental loss or damage
direct and accidental loss or damage to "business property" is caused by or
except: results from "business property" being used
in any professional or organized racing or
(1) "Business property's" collision with demolition contest or stunting activity, or
another object; or while practicing for such contest or activity.
(2) "Business property's" overturn. We also do not provide coverage under this
Comprehensive also includes direct and endorsement while that "business property"
is being prepared for such contest or
accidental loss or damage caused by falling
objects, missiles or hitting a bird or animal. activity.
b. Specified Causes of Loss, meaning direct c. When direct and accidental loss or damage
and accidental loss or damage caused by: is due and confined to:
(1) Fire, lightning or explosion; (1) Wear and tear, freezing, mechanical or
(2) Theft; electrical breakdown.
(3) Windstorm, hail or earthquake; (2) Blowouts, punctures, or other road
damage to tires.
(4) Flood;
d. For any increase of "business income" loss
(5) Mischief or vandalism; or caused by or resulting from the suspension,
(6) The sinking, burning, collision or lapse or cancellation of any license, lease,
derailment of any conveyance or contract. But if the suspension, lapse or
transporting “business property cancellation is directly caused by the
c. Collision, meaning direct and accidental "suspension" of "operations", we will cover
loss or damage caused by: such loss that affects your "business
income" during the "period of restoration".
(1) "Business property's" collision with
another object; or e. For any "extra expense" caused by or
resulting from the suspension, lapse or
(2) "Business property's" overturn.
cancellation of any license, lease, or
3. Exclusions contract beyond the "period of restoration".
We do not provide Business Interruption f. For any other consequential loss.
Coverage under this endorsement: 4. Limits of Insurance
a. When direct and accidental loss or damage a. The most we will pay in any one occurrence
is caused by or results from any of the for the total of all covered "business
following, regardless of any other cause or
income" loss and "extra expense" is the
event that contributes concurrently or in any limit provided in the Coverage Schedule,
sequence to the direct and accidental loss regardless of the number of premiums paid
or damage:
or claims made.
(1) Nuclear Hazard b. Payments made under Extended Business
The explosion of any weapon employing Income or Temporary Substitute And Newly
atomic fission or fusion; or Nuclear Acquired Property will not increase the
reaction or radiation, or radioactive applicable Limits of Insurance.
contamination, however caused.
(2) War Or Military Action
(a) War, including undeclared or civil
war;
(b) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
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5. Changes In Conditions (5) As often as may be reasonably required,
With respect to the coverage provided by this permit us to inspect "business property"
endorsement, the following conditions are and examine and make copies of your
added and replace any provisions to the books and records.
contrary: (6) Agree to examinations under oath at our
a. Appraisal request and give us a signed statement
of your answers.
If we and you disagree on the amount of
Net Income and operating expense or the (7) Send us a signed, sworn proof of loss
amount of loss, either may make written containing the information we request to
demand for an appraisal. In this event, each investigate the claim. You must do this
party will select a competent and impartial within 60 days after our request. We will
appraiser. The two appraisers will select an supply you with the necessary forms.
umpire. If they cannot agree, either may (8) Cooperate with us in the investigation or
request that selection be made by a settlement of the claim.
judge of a court having jurisdiction. The (9) If you intend to continue your business,
appraisers will state separately the amount you must resume all or part of your
of Net Income and operating expense or "operations" as quickly as possible.
amount of loss. If they fail to agree, they will
submit their differences to the umpire. A c. Other Insurance
decision agreed to by any two will be (1) You may have other insurance subject
binding. to the same plan, terms, conditions, and
Each party will: provisions as the insurance provided
under this endorsement. If you do, we
(1) Pay its chosen appraiser; and will pay our share of the covered
(2) Bear the other expenses of the "business income" loss or "extra
appraisal and umpire equally. expense". Our share is the proportion
that the applicable Limits of Insurance
If there is an appraisal, we will still retain under this endorsement bears to the
our right to deny the claim. Limits of Insurance of all insurance
covering on the same basis.
b. Duties In The Event Of Loss
(2) If there is other insurance covering the
If there is direct and accidental loss or same "business income" loss or "extra
damage to "business property", you must expense", other than that described in
do the following: Paragraph 6.a. above, we will pay only
for the amount of covered "business
(1) Give us or our authorized representative income" loss or "extra expense" in
prompt notice of such loss or damage. excess of the amount due from that
Include a description of the "business other insurance, whether you can collect
property" involved. on it or not. But we will not pay more
(2) As soon as possible, give us or our than the applicable Limits of Insurance.
authorized representative a description d. Loss Determination
of how, when and where such loss or
damage occurred. (1) The amount of "business income" loss
will be determined based on:
(3) Promptly notify the police if "business
property" or any of its equipment is (a) The Net Income of your "operations"
stolen. before the direct and accidental loss
or damage occurred;
(4) Take all reasonable steps to protect
"business property" from further damage
and keep a record of your expenses
necessary to protect "business proper-
ty", for consideration in the settlement of
the claim. Also, if feasible, set such
property aside and in the best possible
order for examination.
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(b) The likely Net Income of your (2) We will reduce the amount of your "extra
"operations" if no direct and expense" loss to the extent you can
accidental loss or damage had return "operations" to normal and
occurred, but not including any Net discontinue such "extra expense".
Income that would likely have been (3) If you do not resume "operations", or do
earned as a result of an increase in not resume "operations" as quickly as
the volume of your "operations" due possible, we will pay based on the
to favorable business conditions length of time it would have taken to
caused by the impact of the Covered resume "operations" as quickly as
Cause of Loss on customers or on possible.
other businesses;
f. Loss Payment
(c) The operating expenses, including
payroll expenses, necessary to We will pay for covered "business income"
resume "operations" with the same loss or "extra expense" within 30 days after
quality of service that existed just we receive the sworn documentation
before the direct and accidental loss addressed in Paragraph b.(7) if you have
or damage; and complied with all of the terms of this
Coverage Part and:
(d) Other relevant sources of infor-
mation, including: (1) We have reached agreement with you
on the amount of such loss; or
(i) Your financial records and
accounting procedures; (2) An appraisal award has been made.
(ii) Bills, invoices, and other 6. Additional Definitions
vouchers; and As used for Business Interruption Coverage
(iii) Titles, liens, or contracts. the following definitions are added:
(2) The amount of "extra expense" will be a. "Business income" means the:
determined based on: (1) Net Income (Net Profit or Loss before
(a) All expenses that exceed the normal income taxes) that would have been
operating expenses that would have earned or incurred; and
been incurred by "operations" during (2) Continuing normal operating expenses
the "period of restoration" if no direct incurred, including payroll.
and accidental loss or damage had b. "Business property" means any property
occurred. We will deduct from the necessary for your mobile business that is
total of such expenses: in or on a covered "auto" regardless if it is
(i) The salvage value that permanently installed, including:
remains of any property bought for (1) Electronic equipment;
temporary use during the "period of
restoration", once "operations" are (2) Supplies, furnishings, and equipment
resumed; and not permanently attached to covered
"auto".
(ii) Any "extra expense" that is
paid for by other insurance, except c. "Extra expense" means necessary expens-
for insurance that is written subject to es (other than the expense to repair or
the same plan, terms, conditions, replace property) that you would not have
and provisions as the coverage incurred if there had been no direct and
provided by this endorsement; and accidental loss or damage to "business
property". "Extra expense" includes ex-
(iii) Necessary expenses that
penses which are incurred:
reduce the "business income" loss
that otherwise would have been (1) To avoid or minimize the "suspension"
incurred. of "operations" and to continue "opera-
tions";
e. Resumption Of Operations
(2) To minimize the "suspension" if you
(1) We will reduce the amount of your
cannot continue "operations"; or
"business income" loss, other than
"extra expense", to the extent you can (3) For temporary use of other property.
resume "operations", in whole or in part, d. "Operations" means your off premises or
by using any property. mobile business activities that are
dependent on "business property".
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e. "Period of restoration" means the period of The deductible does not apply to "loss" caused by
time that: collision to such covered "auto" while it is:
(1) Begins 72 hours after the time of direct 1. In the charge of an "insured";
and accidental loss or damage for 2. Legally parked; and
Business Income Coverage, or
immediately after the time of direct and 3. Unoccupied.
accidental loss or damage for Extra The total amount of the damage to the covered
Expense Coverage; caused by or "auto" must exceed the deductible shown in the
resulting from a Covered Cause of Loss Declarations or Change Endorsement.
to "business property"; and This provision does not apply to any "loss" if the
(2) Ends on the earlier of: covered "auto" is in the charge of any person or
(a) The date when "business property" organization engaged in the automobile business.
should be repaired or replaced with G. Deductible Waived – Glass
reasonable speed and similar quality; SECTION III – PHYSICAL DAMAGE COVER-
or
AGE, Paragraph D. Deductible is changed by
(b) The date when "operations" are adding the following:
resumed. No deductible applies to glass damage.
"Period of restoration" does not include any H. Fire Department Service Charge
increased period required due to the
enforcement of or compliance with any When the fire department is called to save or
ordinance or law that: Regulates the use or protect a covered "auto" its equipment, contents,
repair of any property, or requires updated or occupants from a covered "accident", we will
emissions controls or safety features which pay the amount stated in the Coverage Schedule
were not part of "business property" prior to for your liability for fire department service
the direct and accidental loss or damage; or charges:
requires anyone to test for, monitor, clean 1. Assumed by contract or agreement prior to
up, remove, contain, treat, detoxify or loss; or
neutralize, or in any way respond to, or
2. Required by local ordinance.
assess the effects of "pollutants". The
expiration date of this Policy will not cut No deductible applies to this additional coverage.
short the "period of restoration". I. Fire Extinguisher Recharge
f. "Suspension" means the slowdown or We will pay the actual cost of recharging or
cessation of your "operations". replacing, whichever is less, fire extinguishers kept
E. Deductible Waived – Multiple Policies With Us in your covered "auto" that are intentionally
SECTION III – PHYSICAL DAMAGE COVER- discharged in an attempt to extinguish a fire.
AGE, Paragraph D.2. is deleted and replaced with J. Hired Auto Loss Of Use
the following: Changes in SECTION III – PHYSICAL DAMAGE
2. Regardless of the number of covered "autos" COVERAGE, Coverage Extension for Loss Of
damaged or stolen, the maximum deductible Use Expenses in Paragraph A.4.b. is deleted and
applicable for all "loss", in any one event replaced by the following:
caused by: For Hired Auto Physical Damage we will pay
a. Theft or mischief or vandalism; or expenses for which an "insured" becomes legally
b. All perils, responsible to pay for loss of use of a vehicle
rented or hired without a driver under a written
will be the highest deductible applicable to rental contract or agreement. We will pay for the
those covered "autos". loss of use expenses if caused by:
If the application of the highest deductible is (1) Other than collision only if the Declarations
less favorable or more restrictive to the insured indicates that Comprehensive Coverage is
than the separate deductibles as applied in the provided for any covered "auto";
standard form, the standard deductibles will
(2) Specified Causes Of Loss only if the
apply.
Declarations indicates that Specified Causes
F. Deductible Waived – Collision Of Parked Auto Of Loss Coverage is provided for any covered
SECTION III – PHYSICAL DAMAGE COVER- "auto" or
AGE, Paragraph D. Deductible is changed by
adding the following:
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(3) Collision only if the Declarations indicates that M. Loan/Lease Gap Coverage
Collision Coverage is provided for any covered SECTION III – PHYSICAL DAMAGE COVERAGE
"auto". C. Limits of Insurance is changed by the addition
However, the most we will pay under this of the following:
coverage is the amount shown in the Coverage In the event of a total "loss" to a covered "auto", of
Schedule. the private passenger or light truck type with an
K. Hired Auto Physical Damage – Employee As original loan or lease:
Lessor 1. We will pay any unpaid amount due on the
Changes in General Conditions lease or loan for a covered "auto" less:
Section IV – Business Auto Conditions, 5. a. The amount paid under the Policy’s
Other Insurance, b. is deleted and replaced by Physical Damage Coverage; and
the following; b. Any:
b. For Hired Auto Physical Damage Coverage the (1) Overdue lease or loan payments at the
following are deemed to be covered "autos" time of the "loss";
you own:
(2) Financial penalties imposed under the
(1) Any covered "auto" you lease, hire, rent or lease due to high mileage, excessive
borrow; and use or abnormal wear and tear;
(2) Any covered "auto" hired or rented by your (3) Security deposits, not returned by the
"employee" under a contract in that lessor;
"employee’s" name with your permission,
while performing duties related to the (4) Costs for extended warranties, Credit
conduct of your business. Life Insurance, Health, Accident or
Disability Insurance purchased with the
However, any "auto" that is leased, hired, loan or lease; and
rented, or borrowed with a driver is not a
covered "auto". (5) Carry-over balances from previous
loans or leases.
L. Hired Auto Physical Damage Including Trailers
2. The Other Insurance Condition is changed
If hired "autos" are covered "autos" for Liability for this coverage to add the following:
Coverage, then Comprehensive, Specified Causes
of Loss, and Collision Physical Damage coverages The insurance provided by this Loan/Lease
are provided under SECTION III – PHYSICAL Gap Coverage is excess over any other
DAMAGE COVERAGE for any "auto" you own, collectible insurance including but not limited to
then Physical Damage coverage provided is any coverage provided by or purchased from
extended to "autos" you hire and certain "trailers" the lessor or any financial institution.
with a registered Gross Vehicle Weight of 5,000 N. Lock Replacement Including Emergency Lock
pounds or less designed primarily for travel on Out
public roads, subject to the following: We will reimburse you up to the limit displayed on
1. The most we will pay for "loss" to certain hired the Coverage Schedule for reasonable expense
"trailer" or hired "auto" is the limit displayed on incurred for the services of a locksmith to enter
the Coverage Schedule, or Actual Cash Value your covered "auto" subject to these provisions:
or Cost of Repair, whichever is smallest. 1. Your door key, electronic key or key entry pad
2. The deductible will be equal to the largest has been lost, stolen, or locked in your covered
deductible applicable to any owned "auto" for "auto" and you are unable to enter such "auto",
that coverage or $1,000, whichever is less. or
Deductible does not apply to loss by fire or 2. Your keyless entry device battery dies, and you
lightning.
are unable to enter such "auto" as a result, or
3. Hired Auto Physical Damage coverage is 3. Your key, electronic key or key entry pad has
excess over any other collectible insurance. been lost or stolen and you have changed the
4. Subject to the limit, deductible, and excess lock to prevent an unauthorized entry.
provisions we will provide coverage equal to Original copies of receipts for services from a
the broadest coverage applicable to any
locksmith must be provided before reimbursement
covered "auto" you own under this policy. is payable.
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O. Personal Property Coverages a. Comprehensive, Specified Causes of Loss,
Personal Effects and Collision coverages are provided for
Personal Property Of Others that "auto" at the time of "loss";
Personal Property Used In Your Business b. The total "loss" occurs within the number of
months shown on the Coverage Schedule
Under SECTION III – PHYSICAL DAMAGE
after you become the original owner of that
COVERAGE – Coverage Extensions, Paragraph "auto" and
A.4. the following is added:
c. The mileage shown on the odometer of that
1. We will extend the Comprehensive, Specified
"auto" at the time of the "loss" is less than
Causes of Loss, and Collision coverages that the number of miles shown on the
apply to a covered "auto" to "loss" of personal Coverage Schedule.
property contained in or on a covered "auto".
This coverage extension is subject to the 2. The following is added to Paragraph C. Limits
following: of Insurance:
a. Covered property is personal property a. The most we will pay will be the amount to
owned by you, personal property owned by replace a covered "auto" of the private
others, and personal property used in your passenger type for the same make, model,
business. trim level, and equipment or an equivalent.
b. Comprehensive and Specified Causes of If a new vehicle with the same make,
Loss coverages are extended only for "loss" model, trim level and equipment or an
because of fire, lightning, theft or attempted equivalent is not available, our limit of
theft, if there are visible signs of someone liability will be the amount to replace the
breaking into the covered "auto". However, covered "auto" with a new vehicle that is:
visible signs of someone breaking into the (1) Similar in class, body type, size, and
covered "auto" are not a requirement when equipment; and
the entire vehicle is stolen.
(2) Similar in price to the price you paid for
2. This coverage extension does not apply to: the covered "auto" that is being replaced
a. Property that is covered by Audio, Visual but not to exceed an amount equal to
and Electronic Data Equipment provided in 110% of the Manufacturer’s Suggested
SECTION 3 – PHYSICAL DAMAGE Retail Price (MSRP) of the covered
EXTENSIONS AND ADDITIONAL COV- "auto" being replaced.
ERAGES Paragraph B. or any other b. No one will be entitled to receive duplicate
communication or electronic data devices; payments for the same elements of "loss"
b. Money or jewelry; and under this endorsement and SECTION III –
PHYSICAL DAMAGE COVERAGE.
c. Property specifically insured.
Q. Replacement Costs – Trucks Up To 20,000
3. The most we will pay for "loss" in any one
GVW
"accident" is the least of:
Under SECTION III – PHYSICAL DAMAGE
a. The actual cash value of the damaged or
COVERAGE, Paragraph A. Coverage the
stolen property as of the time of the "loss". following is added:
b. The cost of repairing or replacing the 1. In the event of a total "loss" to a covered "auto"
damaged or stolen property with other you own of the truck type with a Gross Vehicle
property of like kind and quality; or
Weight less than 20,000 pounds, we will pay to
c. The limit displayed on the Coverage replace such covered "auto", minus any
Schedule. applicable deductible shown in the
P. Replacement Cost – Private Passenger Autos Declarations, if:
Under SECTION III – PHYSICAL DAMAGE a. Comprehensive, Specified Causes of Loss,
COVERAGE, Paragraph A. Coverage the and Collision coverages are provided for
following is added: that "auto" at the time of "loss";
1. In the event of a total "loss" to a covered "auto" b. The total "loss" occurs within number of
you own of the private passenger type we will months shown on the Coverage Schedule
pay to replace such covered "auto", minus any after you become the original owner of that
applicable deductible shown in the "auto" and
Declarations, if:
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c. The mileage shown on the odometer of that S. Towing And Labor
"auto" at the time of the "loss" is less than SECTION III – PHYSICAL DAMAGE
the number of miles shown on the COVERAGE, Paragraph A.2. is deleted and
Coverage Schedule. replaced by the following:
2. The following is added to Paragraph C. Limits 1. We will pay for towing and labor cost incurred
of Insurance: subject to the following:
a. The most we will pay will be the amount to a. Up to the limit shown on the Coverage
replace a covered "auto" of the truck type Schedule each time a covered "auto" of the
with a Gross Vehicle Weight of less than private passenger type is disabled; or
20,000 pounds for the same make, model,
trim level, and equipment or an equivalent. b. Up to the limit shown on the Coverage
Schedule each time a covered "auto" other
If a new truck with the same make, model, than private passenger type is disabled.
trim level and equipment or an equivalent is
not available, our limit of liability will be the 2. The labor must be performed at the place of
amount to replace the covered "auto" with a disablement.
new vehicle that is: 3. This coverage extension is in addition to any
(1) Similar in class, body type, size, and limit shown on the Declarations for Towing and
equipment; and Labor.
(2) Similar in price to the price you paid for T. Vehicle Sign and Wrap Coverage
the covered "auto" that is being replaced SECTION III – PHYSICAL DAMAGE COVERAGE
but not to the exceed the limit displayed Paragraph 4. is changed to add the following:
on the Coverage Schedule, whichever is 1. We will pay with respect to a covered "auto" for
less.
"loss" to automobile customization which
b. No one will be entitled to receive duplicate includes special carpeting and insulation,
payments for the same elements of "loss" height - extended roofs and custom murals,
under this endorsement and SECTION III – paintings, vinyl wraps or other details or
PHYSICAL DAMAGE COVERAGE. graphics.
R. Transportation Expense Extension 2. Our limit of liability for "loss" to automobile
SECTION III – PHYSICAL DAMAGE COV- customizations in any one "accident" shall be
ERAGE, Paragraph A.4.a. Transportation the least of:
Expenses is deleted and replaced with the a. The actual cash value of the stolen or
following: damaged property;
1. We will pay for transportation expense incurred b. The amount necessary to repair or replace
by you because of a "loss" of a covered "auto" the property; or
of the private passenger, or light truck type. We c. Up to the limit shown on the Coverage
will pay only for those covered "autos" for
Schedule.
which you carry Comprehensive, Specified
Causes of Loss, and Collision coverages. This Coverage Extension does not apply to
electronic equipment.
2. We will pay for transportation expenses
incurred during the period beginning 24 hours
after the covered "loss" and ending, regardless SECTION 4 – CHANGES IN CONDITIONS
of the Policy’s expiration, when the covered
"auto" is returned to use or we pay for its A. Changed Duties In The Event Of Accident,
"loss". Occurrence, Claim Or Suit
3. If the temporary transportation expenses you The requirement in SECTION IV – BUSINESS
incur arise from your rental of an "auto" of the AUTO LOSS CONDITIONS Paragraph A.2.a. –
private passenger or light truck type, the most DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
we will pay is the amount it costs to rent an SUIT OR LOSS – of SECTION IV – BUSINESS
"auto" of the private passenger or light truck AUTO CONDITIONS that you must notify us of an
type which is of like kind and quality as the "accident" applies only when the "accident" is
covered "auto" subject to the maximum limit on known to:
the Coverage Schedule. 1. You, if you are an individual;
4. A per day limit and deductible do not apply to 2. A partner, if you are a partnership; or
this coverage.
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3. An executive officer or insurance manager, if
you are a corporation.
B. Liberalization
If we revise this endorsement to provide more
coverage without additional premium charge, your
policy will automatically provide the additional
coverage as of the day the revision is effective in
your state.
C. Unintentional Failure To Disclose Hazards /
Concealment Misrepresentation Or Fraud
SECTION IV – BUSINESS AUTO CONDITIONS,
Paragraph B.2. is changed to add the following:
However, if you should unintentionally mispresent
or conceal information to us at any time, we will
not deny coverage under this policy based on this
unintentional error or omission.
This provision does not affect our right to cancel or
non-renew your coverage or collect additional
premium for any added exposures.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS LIABILITY PREMIER
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION 1 - ADDITIONAL INSURED COVERAGES This coverage does not increase the applicable
Limits of Insurance shown in the Declarations.
This endorsement is subject to the provisions
applying to the Commercial General Liability F. The insurance coverage provided by this
Coverage form, except as described below. endorsement is limited to:
1. Broad Form Vendors
A. Section II – Who Is An Insured is amended to a. Any vendor, but only with respect to
include any person(s) or organization(s) when you "bodily injury" or "property damage"
and such person(s) or organization(s) have arising out of "your products" which are
agreed in a written contract or written agreement distributed or sold in the regular course of
that such person(s) or organization(s) be added the vendor's business, subject to the
as an additional insured on your policy provided following additional exclusions:
that the written contract or written agreement is: i. "Bodily injury" or "property damage"
1. Executed in writing before the beginning of for which the vendor is obligated to
the policy period or during the policy period pay damages by reason of the
and assumption of liability in a contract or
2. Prior to an “occurrence” or offense which this agreement. This exclusion does not
insurance applies. apply to liability for damages that the
vendor would have in the absence of
B. The insurance provided to such additional insured the contract or agreement;
only applies to the extent permitted by law and
the insurance afforded to such additional insured ii. Any express warranty unauthorized by
will not be broader than that which you are you;
required by the written contract or written iii. Any physical or chemical change in
agreement to provide for such additional insured. the product made intentionally by the
C. This insurance only applies if the person or vendor;
organization is not specifically named as an iv. Repackaging, unless unpacked solely
additional insured under any other provision or for the purpose of inspection,
endorsement of this policy. demonstration, testing, or the
D. Any insurance provided to any additional insured substitution of parts under instruction
does not apply to “bodily injury”, “property from the manufacturer, and then
damage”, or “personal and advertising injury” repackaged in the original container;
arising out of their sole negligence or willful v. Any failure to make such inspection,
misconduct or that of their agents, “employees”, adjustments, tests or servicing as the
or any other representative of the additional vendor has agreed to make or
insured. normally undertakes to make in the
E. With respect to the insurance provided to these usual course of business in
additional insureds, the following is added to connection with the sale of the
Section III – Limits of Insurance: product;
The most we will pay on behalf of the additional vi. Demonstration, installation, servicing
insured is or repair operations, except such
operations performed as part of the
1. The amount of insurance required by the initial set up at the vendor's premises
contract or agreement; or in connection with the sale of the
2. Available under the applicable Limit of product;
Insurance shown in the Declarations;
whichever is less.
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vii. Products which, after distribution or 6. Owners Or Other Interests From Whom
sale by you, have been labeled or Land Has Been Leased but only with respect
relabeled or used as a container, part to liability arising out of the ownership,
or ingredient in anything or substance maintenance or use of that part of the land
by or for the vendor. leased to you.
viii. "Bodily injury" or "property damage" However, this insurance does not apply to:
arising out of the sole negligence of a. any “occurrence” which takes place after
the vendor for its own acts or you cease to lease that land.
omissions or those of its employees or
anyone else acting on its behalf. b. any structural alterations, new
However, this exclusion does not construction or demolition operations
apply to the exceptions contained in performed for, by or on behalf of the
subparagraphs iv or vi; or such additional insured.
inspections, adjustments, test or 7. Any Lessor Of Leased Equipment is any
servicing as the vendor has agreed to person(s) or organization(s) from whom you
make or normally undertakes to make lease equipment. Such person(s) or
in the usual course of business, in organization(s) is an insured only with respect
connection with the distribution or sale to liability for "bodily injury", "property
of the products. damage" or "personal and advertising injury"
ix. This insurance does not apply to any caused, in whole or in part, by your
insured person or organization, from maintenance, operation or use of equipment
whom you have acquired such leased to you by such person(s) or
products, or any ingredient, part or organization(s).
container, entering into, A person's or organization's status as an
accompanying or containing such additional insured under this endorsement
products. ends when their contract or agreement with
2. Any individuals or entities that have you for such leased equipment ends. With
Controlling Interest in your business, but respect to the insurance afforded to these
only with respect to their liability arising out of: additional insureds, this insurance does not
apply to any "occurrence" which takes place
a. Their financial control of you; or after the equipment lease expires.
b. Premises they own, maintain or control 8. Manager Or Lessors Of Premises, but only
while you lease or occupy these with respect to liability arising out of the
premises. This insurance does not apply ownership, maintenance or use of that part of
to structural alterations, new construction the premises leased to you.
and demolition operations by or for that
person or organization. This insurance does not apply to:
3. Any Co-owners Of Insured Premises but a. any "occurrence" which takes place after
only with respect to their liability as co-owner you cease to be a tenant in that premises,
of the premises insured by this policy. or
4. Any Grantor Of Franchise but only with b. for structural alterations, new construction
respect to their liability as grantor of franchise or demolition operations performed by or
to you. on behalf of the person(s) or
organization(s).
5. Any Grantor Of Licenses but only with
respect to their liability as grantor of licenses 9. Mortgagee, Assignee Or Receiver but only
to you. Their status as additional insured with respect to their liability as mortgagee,
ends when: assignee, or receiver and arising out of the
ownership, maintenance or use of the
a. The license granted to you by such premises by you.
person(s) or organization(s) expires; or
This insurance does not apply to structural
b. Your license is terminated or revoked by alterations, new construction and demolition
such person(s) or organization(s) prior to operations performed by or for the additional
the expiration of the license as stipulated insured.
by the contract or agreement.
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10. State Or Governmental Agency Or With respect to the insurance afforded to these
Subdivision Or Political Subdivision additional insureds, the following exclusion
however this insurance applies only with applies:
respect to operations performed by you or on i. This insurance does not apply to “bodily
your behalf for which the state or governmental injury”, “property damage” or “personal and
agency or subdivision has issued a permit or advertising injury” arising out of the
authorization. This insurance does not apply rendering of or the failure to render any
to “bodily injury”, “property damage”, or professional services, including:
“personal and advertising” arising out of
operations performed for the federal (1) The preparing, approving, or failing
government, state or municipality; or “bodily to prepare or approve, maps,
injury” or “property damage” included within drawings, opinions, reports,
the product-completed operations hazard”. surveys, change orders, designs or
specifications; or
11. Architect, Engineer Or Surveyor Engaged
By You but only with respect to liability for (2) Supervisory, inspection or
“bodily injury”, “property damage” or “personal engineering services.
and advertising injury” caused by, in whole or This exclusion applies even if the claims
in part, by your acts or omissions or the acts or against any insured allege negligence or
omissions of those acting on your behalf in other wrongdoing in the supervision,
connection with your premises or in the hiring, employment, training or monitoring
performance of your ongoing operations. of others by that insured, if the
This insurance does not apply to “bodily "occurrence" which caused the "bodily
injury”, “property damage” arising out of the injury" or "property damage", or the
rendering or the failure to render any offense which caused the "personal and
professional services by or for you; including: advertising injury", involved the rendering
of or the failure to render any professional
a. The preparing, approving, or failing to services.
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, 13. Concessionaires trading under your name,
change orders or drawings and but only with respect to their liability as a
specifications; or concessionaire trading under your name.
b. Supervisory, inspection, architectural or 14. Owners, Lessees or Contractors –
engineering activities. Automatic Status When Required In
Construction Agreement Including Other
This exclusion applies even if the claims Parties and Products-Completed
against the insured allege negligence or other Operations
wrongdoing in the supervision, hiring,
employment training, or monitoring of others a. Any person or organization for whom you
by this additional insured, if the “occurrence” are performing operations or have
which caused the “bodily injury” or “property performed operations. Such person or
damage’ involved the rendering or the failure organization is an additional insured only
to render any professional services by or for with respect to liability for “bodily injury”,
you. “property damage”, or “personal and
advertising injury”
12. Architect, Engineer Or Surveyor Not
Engaged By You but only with respect to b. Any other person or organization you are
liability for “bodily injury”, “property damage” or required to add as an additional insured
“personal and advertising injury” caused by, in under the contract or agreement described
whole or in part, by in Paragraph a. above.
a. your acts or omissions; or
b. the acts or omissions of those acting on
your behalf in the performance of your
ongoing operations performed by you or
on your behalf. Such architects,
engineers or surveyors, while not engaged
by you, are contractually required to be
added as an additional insured to your
policy.
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c. With respect to the insurance afforded to H. Waiver Of Transfer Of Rights Of Recovery
these additional insureds, the following Against Others To Us
additional exclusions apply:
The following is added to Paragraph 8. Transfer
This insurance does not apply to: of Rights of Recovery Against Others To Us of
i. “Bodily Injury”, “property damage”, or Section IV – Conditions:
“personal and advertising injury”
arising out of the rendering of, or We waive any right of recovery against any
failure to render, any professional person or organization, because of any payment
architectural, engineering or we make under this Coverage Part, to whom the
surveying services, including: insured has agreement. Such waiver by us
applies only to the extent that the insured has
(1) The preparing, approval, or waived its right of recovery against such person
failing to prepare or approve or organization prior to loss.
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, or drawings and SECTION 2 - COVERAGE EXTENSIONS
specifications; or
This endorsement is subject to the provisions
(2) Supervisory, inspection, applying to the Commercial General Liability
architectural or engineering Coverage Form, except as described below.
activities.
This exclusion applies even if the claims A. BODILY INJURY – EXPANDED DEFINITION
against any insured allege negligence or other ENDORSEMENT
wrongdoing in the supervision, hiring,
employment, training or monitoring of others Under Section V – Definitions, the definition of
by that insured, if the “occurrence” which bodily injury is replaced by the following:
caused the “bodily injury” or “property Bodily injury means physical injury, sickness or
damage”, or the offence which caused the disease sustained by a person, including death,
“personal and advertising injury”, involved the humiliation, shock, mental anguish or mental
rendering or failure to render any professional injury sustained by that person at any time which
architectural, engineering, or surveying results as a consequence of the physical injury,
services. sickness or disease.
G. Primary and Noncontributory Insurance B. PERSONAL AND ADVERTISING INJURY –
The following is added to the Other Insurance BROADENED
Condition and supersedes any provision to the 1. Paragraph 14.b. of Section V -- Definitions
contrary: is replaced by the following:
This insurance is primary to and will not seek
contribution from any other insurance available to c. Malicious prosecution or abuse of process
an additional insured under your policy provided 2. Definition 14 of Section V -- Definitions is
that: amended by the addition of the following:
1. the additional insured is a Named Insured h. Wrongful discrimination or humiliation that
under such other insurance, and you have results in injury to the feelings or
agreed in writing in a contract or agreement reputation of a natural person, but only if
that this insurance would be primary; and such discrimination or humiliation is:
2. would not seek contribution from any other
(1) Not the result of acts, policy or
insurance available to the additional insured.
procedures, or omissions of:
a) The insured;
b) Any executive officer, director,
stockholder, partner or member
of the insured; or
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c) anyone acting at the direction of 2. This insurance is excess over any other valid
anyone listed in (a) and (b) above and collectible property insurance (including
done with the intent or the any deductible portion thereof) available to
reasonable expectation that such the insured whether primary, excess,
acts or omissions will result in contingent or on any other basis.
wrongful discrimination or
humiliation to another person; E. DUTIES IN THE EVENT OF OCCURRENCE,
and CLAIM OR SUIT
Section IV – Commercial General Liability
(2) Not directly or indirectly related to
Conditions is amended by the following:
employment related practices, or the
prospective employment or 1. The requirement in condition 2.a. of that you
termination of employment or must see to it that we are notified of an
demotion of any personal or “occurrence” applies only when the
person(s) by an insured. “occurrence” is known to:
a. You, if you are an individual;
(3) Not arising out of any “advertisement”
by you. b. A partner, if you are a partnership; or
3. Paragraphs 1. and 2. above do not apply if c. An executive officer or insurance manager
Coverage B. Personal and Advertising if you are a corporation.
Injury Liability is excluded either by the 2. The requirement in condition 2.b. that you
provision of the Commercial General Liability must see to it that we receive notice of a
Coverage form or by endorsement. claim or “suit” will not be considered breached
unless the breach occurs after such claim or
C. AMENDMENT - AGGREGATE LIMITS OF “suit” is know to:
INSURANCE
a. You, if you are an individual;
The General Aggregate Limit under Section III –
Limits Of Insurance applies separately to each of b. A partner, if you are a partnership; or
your: c. An executive officer or insurance manager
1. Projects away from premises owned by or if you are a corporation.
rented to you; and F. UNINTENTIONAL FAILURE TO DISCLOSE
2. "Locations" owned by or rented to you. HAZARDS
"Location" means premises involving the The following is added to Section IV –
same or connecting lots, or premises whose Commercial General Liability Conditions
connection is interrupted only by a street, paragraph 6. Representations:
roadway, waterway or right-of-way of a If you unintentionally fail to disclose any hazards
railroad. existing at the inception date of your policy, we
D. BORROWED EQUIPMENT will not deny coverage under the Coverage Form
solely because of such failure. However, this
1. Exclusion j. Damage to Property of Section I provision does not affect our right to collect
– Coverage A Bodily Injury And Property additional premium or exercise our right of
Damage Liability is amended as follows: cancellation or non-renewal.
Paragraph (4) of this exclusion does not apply This provision does not apply to any known injury
to "property damage" to borrowed equipment or damage which is excluded under any other
while not being used to perform operations at provision of this policy.
the job site for damage by aircraft; civil
commotion; explosion; falling objects; fire;
hail; leakage from fire extinguishing
equipment; lightning; riot; sinkhole collapse;
smoke; sonic boom; vandalism; vehicles;
volcanic action; water damage; weight of ice,
snow or sleet; and windstorm.
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G. DAMAGE TO PREMISES RENTED TO YOU - 4. Paragraph 9.a. of the definition of "insured
EXPANDED COVERAGE contract" in Section V – Definitions is
1. The last paragraph of Paragraph 2., replaced by the following:
Exclusions of Section I – Coverage A – a. A contract for a lease of premises.
Bodily Injury And Property Damage However, that portion of the contract for a
Liability is replaced by the following: lease of premises that indemnifies any
Exclusions c. through n. do not apply to person or organization for damage by fire,
damage by fire, lightning, explosion, smoke or lightning, explosion, smoke and leakage
subsequent damages resulting from such fire, from fire protective systems or
lightning, explosion, smoke or leakage from subsequent damages resulting from such
fire protective systems to premises rented to fire, lightning, explosion, smoke and
you or temporarily occupied by you with leakage from fire protective systems while
permission of the owner. The insurance rented to you or temporarily occupied by
provided by this paragraph is subject to the you with permission of the owner is not
Limit displayed in the Declarations. This limit an "insured contract".
will apply to all damage proximately caused 5. This provision G. does not apply if Damage to
by the same event, whether such damage Premises Rented To You is excluded either
results from fire, lightning, explosion, smoke by provisions of the Commercial General
or leakage from fire protective systems or any Liability Coverage Form or by endorsement.
combination of the five.
H. HEALTH CARE SERVICES
2. The word fire is changed to fire, lightning,
explosion, smoke and leakage from fire 1. The definition of "bodily injury" in Section V -
protective systems where it appears in: Definitions is amended to include injury
arising out of the rendering or failure to render
a. the Limits of Insurance section of the medical or paramedical services to persons
declarations of the Commercial General by any physician, dentist, nurse, emergency
Liability Coverage form; and medical technician or paramedic who is
b. Paragraph 6. of Section III - Limits of employed by you to provide such services.
Insurance; and 2. Section II - Who Is An Insured, paragraph
c. The Damage to Premises Rented to You 2.a.(1)(d) does not apply to nurses,
limit in paragraph 6. of Section III - Limits emergency medical technicians or
of Insurance is replaced by a new paramedics referred to in a. above.
Damage to Premises Rented to You and 3. Section I – Coverage A Bodily Injury and
Fire, Lightning, Explosion, Smoke and Property Damage Liability Exclusion e.
Leakage from Fire Protective Systems Employer’s Liability Paragraph (1) does not
Damage Limit, which will be subject to all apply to injury to the emotions or reputation of
of the terms of Section III - Limits of a person arising out of the rendering of such
Insurance. services.
3. This new Damage Limit is amount shown in 4. Health Care Services coverage does not
the Declarations for the Damage to Premises apply if you are engaged in the business or
Rented to You Limit and is the most we will occupation of providing any of the services
pay, subject to paragraph 5 of Section III referred to in 1. above.
Limits of Insurance, under Coverage A for
damages because of "property damage" to I. MEDICAL PAYMENTS
any one premises, while rented to you or, in 1. In paragraph a.(3)(b) of the Insuring
the case of damage by fire, lightning, Agreement of Coverage C – Medical
explosion, smoke and leakage from fire Payments (Section I – Coverage), one year
protective systems, while rented to you or is changed to three years.
temporarily occupied by you with permission
of the owner. 2. Paragraph 2.a., Exclusions, of Coverage C
(Section I) is replaced by the following:
We will not pay expenses for “bodily injury”:
a. To any insured, except volunteer workers
who are not paid a fee, salary or other
compensation.
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3. The Medical Expense Limit in paragraph 7. of O. EXTENDED CONTRACTUAL LIABILITY –
Section III – Limits of Insurance is replaced RAILROAD PROPERTY
by a new Medical Expense Limit, which will
be subject to all the terms of Section III – Paragraph 9.f.(1) of Section V – Definitions, is
Limits of Insurance. The new Medical deleted in its entirety, expanding indemnification
Expense Limit is an additional $10,000 in of railroads.
excess of Medical Expense Limit provided by P. EXTENDED PROPERTY DAMAGE TO
the Coverage Part. ALIENATED PREMISES
4. This provision I. does not apply if Coverage Exclusion j.(2) Damage to Property of Section I –
C. Medial Payments is excluded either by the Coverage A Bodily Injury And Property
provisions of the Commercial General Liability Damage Liability is replaced with the following:
Coverage Form or by endorsement.
Premises you sell, give away or abandon, if the
J. MOBILE EQUIPMENT “property damage” arises out of any part of those
Under the Section V - Definitions, Paragraph premises and occurred from hazards that were
f.(1)(a), (b) and (c) of Mobile Equipment does not known by you, or should have reasonably been
apply to self-propelled vehicles of less than 1,000 known by you, at the time the property was
pounds gross vehicle weight. transferred or abandoned.
K. NEWLY FORMED OR ACQUIRED Q. EXPANDED DEFINITION OF POLLUTANTS
ORGANIZATION 1. Paragraph 15 of Section V – Definitions, is
1. In paragraph 3.a. of Section II -- Who Is An replaced with the following:
Insured, 90th day is changed to 180th day. “Pollutants” means any solid, liquid, gaseous
2. This provision does not apply if coverage for or thermal irritant or contaminant, including
newly formed or acquired organizations is smoke, vapor, soot, fumes, acids, alkalis,
excluded either by the provision of the chemicals and waste. Waste includes
Commercial General Liability Coverage Form material to be recycled, reconditioned or
or by an applicable endorsement. reclaimed.
However, carbon monoxide, soot, smoke or
L. EXTENDED NON-OWNED WATERCRAFT other gaseous by-products or particulate
Paragraph (2) of Exclusion g. of Section I – directly from incomplete combustion or
Coverage A Bodily Injury And Property inadequate ventilation present within a
Damage Liability is deleted and replaced with building or structure directly arising from the
the following: use and/or operation on any on-premises
A watercraft you do not own that is less than 76 equipment and/or machinery, including, but
feet long and not being used by you to carry not limited to a fireplace, heating ventilation
persons or property for a charge. air conditioning, laundry, water heating, and
food preparation equipment and/or
M. SUPPLEMENTARY PAYMENTS machinery, constructed, installed or serviced
In the Supplementary Payments – Coverages A by “you” or on “your” behalf shall not be
and B provision: deemed a “pollutant”.
1. The limit for cost of bail bonds is increased 2. The expanded definition of pollutants does
from $250 to $5,000. not apply if the Total Pollution Exclusion
Endorsement is attached to this policy.
2. The limit for loss of earnings is increased from
$250 a day to $1,000 a day.
N. LIBERALIZATION PROVISION
The following condition is added to Section IV –
Commercial General Liability Conditions:
If we adopt any revision that would broaden the
coverage under this policy without additional
premium within 45 days prior to or during the
policy period, the broadened coverage will apply
immediately to this policy.
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SECTION 3 - ADDITIONAL COVERAGES This exclusion applies even if damages are
claimed for notification costs, credit
A. ELECTRONIC DATA LIABILITY monitoring expenses, forensic expenses,
public relations expenses or any other loss,
1. Exclusion 2.p. of Coverage A – Bodily Injury cost or expense incurred by you or others
And Property Damage Liability in Section 1 arising out of any access to or disclosure of
– Coverages is replaced by the following: any person's or organization's confidential or
2. Exclusions personal information.
This insurance does not apply to: 3. The following is added to Section III – Limits
Of Insurance:
p. Access or Disclosure of Confidential or
Personal Information and Data-related The most we will pay for the sum of all
Liability Damages arising out of: damages covered under the Loss of
Electronic Data Liability is displayed in the
(1) Any access to or disclosure of any
Schedule of this endorsement. The Annual
person's or organization's confidential
Aggregate Limit starts with the beginning of
or personal information, including
the policy period shown in the Declarations.
patents, trade secrets, processing
This coverage is excess if there is any other
methods, customer lists, financial
Electronic Data Liability attached to this policy
information, credit card information,
by endorsement.
health information or any other type
of nonpublic information; or 4. The following definition is added to Section V
- Definitions:
(2) The loss of, loss of use of, damage
to, corruption of, inability to access, or "Electronic data" means information, facts or
inability to manipulate "electronic programs stored as or on, created or used on,
data" that does not result from or transmitted to or from computer software,
physical injury to tangible property. including systems and applications software,
hard or floppy disks, CD-ROMs, tapes, drives,
This exclusion applies even if damages
cells, data processing devices or any other
are claimed for notification costs, credit
media which are used with electronically
monitoring expenses, forensic expenses,
controlled equipment.
public relations expenses or any other
loss, cost or expense incurred by you or 5. For the purposes of the coverage provided by
others arising out of that which is this endorsement, Definition 17. in Section V
described in Paragraph (1) or (2) above. – Definitions Section is replaced by the
following:
However, unless Paragraph (1) above
applies, this exclusion does not apply to "Property damage" means:
damages because of "bodily injury". a. Physical injury to tangible property,
2. The following is added to Exclusion 2.p. of including all resulting loss of use of that
Coverage A – Bodily injury And Property property. All such loss of use shall be
Damage Liability in Section 1 – Coverage: deemed to occur at the time of the
physical injury that caused it;
2. Exclusions
b. Loss of use of tangible property that is not
This insurance does not apply to:
physically injured. All such loss of use
Access Or Disclosure Of Confidential Or shall be deemed to occur at the time of
Personal Information the "occurrence" that caused it; or
"Personal and advertising injury" arising out of c. Loss of, loss of use of, damage to,
any access to or disclosure of any person's or corruption of, inability to access, or
organization's confidential or personal inability to properly manipulate "electronic
information, including patents, trade secrets, data", resulting from physical injury to
processing methods, customer lists, financial tangible property. All such loss of
information, credit card information, health "electronic data" shall be deemed to
information or any other type of nonpublic occur at the time of the "occurrence" that
information. caused it.
For the purposes of this coverage,
"electronic data" is tangible property.
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This Paragraph g.(2) does not apply
B. LIMITED COVERAGE FOR DESIGNATED
to:
UNMANNED AIRCRAFT
(a) A watercraft while ashore on
1. Exclusion 2.g. Aircraft, Auto Or Watercraft premises you own or rent;
under Section I - Coverage A - Bodily Injury
And Property Damage Liability is replaced (b) A watercraft you do not own
by the following: that is:
This insurance does not apply to: (i) Less than 26 feet long;
and
g. Aircraft, Auto or Watercraft
(ii) Not being used to carry
(1) Unmanned Aircraft persons or property for a
"Bodily injury" or "property damage" charge;
arising out of the ownership, (c) Parking an "auto" on, or on the
maintenance, use or entrustment to
ways next to, premises you
others of any aircraft that is an
own or rent, provided the
"unmanned aircraft". Use includes
operation and "loading or unloading". "auto" is not owned by or
rented or loaned to you or the
This Paragraph g.(1) applies even if insured;
the claims against any insured allege
negligence or other wrongdoing in the (d) Liability assumed under any
supervision, hiring, employment, "insured contract" for the
training or monitoring of others by that ownership, maintenance or
insured, if the "occurrence" which use of aircraft or watercraft; or
caused the "bodily injury" or "property (e) "Bodily injury" or "property
damage" involved the ownership, damage" arising out of:
maintenance, use or entrustment to
others of any aircraft that is an (i) The operation of
"unmanned aircraft". machinery or equipment
that is attached to, or part
This Paragraph g.(1) does not apply to of, a land vehicle that
"unmanned aircraft" described in the would qualify under the
Schedule, but only with respect to the definition of "mobile
operation(s) described in the equipment" if it were not
Schedule. subject to a compulsory or
(2) Aircraft (Other Than Unmanned financial responsibility law
Aircraft), Auto Or Watercraft or other motor vehicle
"Bodily injury" or "property damage" insurance law where it is
arising out of the ownership, licensed or principally
maintenance, use or entrustment to garaged; or
others of any aircraft (other than (ii) The operation of any of
"unmanned aircraft"), "auto" or the machinery or
watercraft owned or operated by or equipment listed in
rented or loaned to any insured. Use Paragraph f.(2) or f.(3) of
includes operation and "loading or the definition of "mobile
unloading". equipment".
This Paragraph g.(2) applies even if 2. The following is added to the Section III –
the claims against any insured allege Limits of Insurance:
negligence or other wrongdoing in the The most we will pay for the sum of all “bodily
supervision, hiring, employment, injury” and “property damage” damages
training or monitoring of others by that covered under the Limited Coverage for
insured, if the "occurrence" which Designated Unmanned Aircraft is displayed in
caused the "bodily injury" or "property the Schedule of this endorsement. The
damage" involved the ownership, Annual Aggregate Limit starts with the
maintenance, use or entrustment to beginning of the policy period shown in the
others of any aircraft (other than Declarations.
"unmanned aircraft"), "auto" or
watercraft that is owned or operated
by or rented or loaned to any insured.
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3. The following definition is added to Section V c. Property damage (other than “your work”)
- Definitions: excluded under Bodily Injury And
Property Damage Liability in the
"Unmanned aircraft" means an aircraft that is Coverages section.
not:
3. The following is added to the Section III –
a. Designed; Limits of Insurance:
b. Manufactured; or The most we will reimburse you for the sum of
c. Modified after manufacture; all damages covered under the Voluntary
to be controlled directly by a person from Property Damage Expense Coverage
within or on the aircraft. because of "your work" is displayed in the
Schedule of this endorsement. The Annual
C. VOLUNTARY PROPERTY DAMAGE EXPENSE Aggregate Limit starts with the beginning of
COVERAGE the policy period shown in the Declarations.
1. Insuring Agreement This coverage is excess if there is any other
Voluntary Property Damage Expense
a. We will reimburse you for "property Coverage attached to this policy by
damage" claims directly arising from endorsement.
"your work" for a "client".
4. The following condition replaces the Duties In
The amount of such reimbursement is The Event Of Occurrence, Offense, Claim
limited as described in the Limits Of Or Suit Condition (Section IV –
Insurance section. No other obligation or Commercial General Liability Conditions)
liability to pay sums or perform acts or for the Voluntary Property Damage Expense
services is covered. Coverage:
You must notify us as soon as possible of the
b. This insurance applies only if: notification from your "client" of a demand for
remuneration for "property damage" resulting
(1) "Your work" was performed by you
from "your work". The notice should include:
or an "employee" and was done with
the express knowledge of the a. A notarized letter from the "client" of the
insured; work deemed necessary to be changed;
(2) "Your work" was performed during b. The names and addresses of the affected
the policy period; "clients"
(3) You reasonably determine, and “we” c. A written description by you of how, when
agree, that payment in the amount and where the event occurred; and
of the "property damage" to the d. A cancelled check or money order
"client" for "your work" is necessary; written to the "client".
(4) You have received a notarized “You” must submit to examination under oath
notification of a demand for in matters connected with the loss as often as
remuneration from the "client" by “we” reasonably request and give “us” sworn
mail within 90 days after the work statements of the answers. If more than one
was performed. person is examined, “we” have the right to
c. This insurance only applies to “property examine and receive statements separately
damage” while “your work” is being and not in the presences of others.
performed. At our request, give us complete inventories
d. We shall have no duty nor obligation to of the damaged and undamaged property.
defend the insured or perform acts or Include quantities, costs, values and amount
services. of the loss claimed. You are required to
cooperate with us in the review of the
2. Exclusions reimbursement.
This insurance does not apply to: 5. Definition: "Client" means an individual,
a. "Your work" performed at any location company or organization with whom you have
owned by, rented or leased to the a written contract or work order for your
insured; services for a described premise and have
b. Work performed by a subcontractor; or billed for your service.
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D. LIMITED PRODUCT WITHDRAWAL EXPENSE e. "Product withdrawal expenses" incurred
COVERAGE to withdraw "your products" which contain
the same or substantially similar "defects"
This coverage is subject to the provisions
will be deemed to have arisen out of the
applying to the Commercial General Liability
same "product withdrawal".
Coverage Form, except as provided below.
f. With respect to products of which "your
1. Insuring Agreement
product" is a component part, we will only
a. We will reimburse you for "product reimburse you the amount to replace,
withdrawal expenses" incurred by you repair or repurchase "your product".
because of a "product withdrawal" to 2. Exclusions
which this insurance applies.
This insurance does not apply to "product
The amount of such reimbursement is
withdrawal expenses" arising out of:
limited as described in paragraph 3. Limit
Of Insurance. No other obligation or a. Breach Of Warranty And Failure To
liability to pay sums or perform acts or Conform To Intended Purpose
services is covered. Any "product withdrawal" initiated due to
b. This insurance applies to a "product the failure of "your products" to
withdrawal" only if the "product accomplish their intended purpose,
withdrawal" is initiated in the “coverage including any breach of warranty of
territory" during the policy period fitness, whether written or implied. This
because: exclusion does not apply if such failure
has caused or is reasonably expected to
i. You determine that the "product
cause "bodily injury" or physical damage
withdrawal" is necessary; or
to tangible property other than "your
ii. An authorized government entity has product".
ordered you to conduct a "product
b. Infringement Of Copyright, Patent,
withdrawal".
Trade Secret, Trade Dress Or
c. We will reimburse "product withdrawal Trademark
expenses" only if:
Any "product withdrawal" initiated due to
i. The expenses are incurred within one copyright, patent, trade secret, trade
year of the date the "product dress or trademark infringements.
withdrawal" was initiated; c. Deterioration, Decomposition Or
ii. The expenses are reported to us Chemical Transformation
within one year of the date the
Any "product withdrawal" initiated due to
expenses were incurred.
the transformation of a chemical nature,
d. The initiation of a "product withdrawal" deterioration or decomposition of "your
will be deemed to have been made only product". This exclusion does not apply if
at the earliest of the following times: it is caused by:
i. When you first announced, in any i. An error in manufacturing, design, or
manner, to the general public, your processing;
vendors or to your employees (other ii. Transportation of "your product"; or
than those employees directly
involved in making the determination) iii. "Product tampering".
your decision to conduct or d. Goodwill, Market Share, Revenue,
participate in a "product withdrawal". Profit Or Redesign
This applies regardless of whether
the determination to conduct a The costs of regaining goodwill, market
"product withdrawal" is made by you share, revenue or "profit" or the costs of
or is requested by a third party; or redesigning "your product".
ii. When you first received, either orally e. Expiration Of Shelf Life
or in writing, notification of an order Any "product withdrawal" initiated due to
from an authorized government entity expiration of the designated shelf life of
to conduct a "product withdrawal". "your product".
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f.Known Defect iii. Number of "your products" withdrawn;
A "product withdrawal" initiated due to a b. Deductible And Participation
"defect" in "your product" known to exist Percentage Provisions
by the Named Insured or the Named i. Deductible
Insured's "executive officers", prior to the We will only pay for the amount of:
date when this Limited Product
Withdrawal Expense Coverage was first (1) "Product withdrawal
issued to you or prior to the time "your expenses" which are in
product" leaves your control or excess of the deductible
possession. amount, shown in the
Schedule of Limits of this
g. Governmental Ban endorsement. The deductible
A recall when "your product" or a applies separately to each
component contained within "your "product withdrawal". The
product" has been: limits of insurance will not be
i. Banned from the market by an reduced by the amount of this
authorized government entity prior to deductible.
the policy period; or (2) We may, or will if required by
ii. Distributed or sold by you subsequent law, pay all or any part of any
to any governmental ban. deductible amount, if
applicable. Upon notice of our
h. Defense Of Claim payment of a deductible
The defense of a claim or "suit" against amount, you shall promptly
you for liability arising out of a "product reimburse us for the part of
withdrawal". the deductible amount we
i. Third-party Damages, Fines And paid.
Penalties ii. Participation Percentage
Any compensatory damages, fines, You agree to participate in the
penalties, punitive or exemplary or other payment of "product withdrawal
non-compensatory damages imposed expenses" which are in excess of the
upon the insured. deductible, to the extent of the
j. Pollution-related Expenses Participation Percentage indicated in
the Schedule of Limits of this
Any loss, cost or expense due to any: endorsement. The Participation
i. Request, demand, order, statutory or Percentage applies separately to
regulatory requirement that any each "product withdrawal". You also
insured or others test for, monitor, agree that the cost of your
clean up, remove, contain, treat, participation in the loss will be borne
detoxify or neutralize, or in any way entirely by you when due and you
respond to, or assess the effects of, will not obtain insurance to cover it
"pollutants"; or The Limit of Insurance of this
Coverage applies separately to each
ii. Claim or suit by or on behalf of a
consecutive annual period and to
governmental authority for damages
any remaining period of less than 12
because of testing for, monitoring,
months, starting with the beginning
cleaning up, removing, containing,
of the policy period shown in the
treating, detoxifying or neutralizing, or
Declarations.
in any way responding to, or
assessing the effects of, "pollutants".
3. Limit of Insurance
a. The Aggregate Limit of Insurance shown
in the Schedule of Limits and the rules
below fix the most we will pay regardless
of the number of:
i. Insureds;
ii. "Product withdrawals" initiated;
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4. Product Withdrawal Conditions b. Concealment Or Fraud
a. Duties In The Event Of A Product We will not provide coverage for “product
Withdrawal withdrawal expense” to you, or any other
i. You must see to it that we are notified insured, who at any time:
as soon as practicable of any actual, i. Engaged in fraudulent conduct; or
suspected or threatened "defect" in ii. Intentionally concealed or
"your product", or any governmental misrepresented a material fact
investigation, that may result in a concerning a "product withdrawal" or
"product withdrawal" or a claim. To "product withdrawal expenses"
the extent possible, notice should incurred by you.
include:
c. Other Insurance
(1) How, when and where the
"defect" was discovered; This coverage is excess if there is any
other Limited Product Withdrawal
(2) The names and addresses of Expense Coverage attached to this policy
any injured persons and by endorsement.
witnesses; and
5. The following definitions are added to
(3) The nature, location and Section V - Definition:
circumstances of any injury or
damage arising out of use or a. "Coverage territory" means anywhere in
consumption of "your the world with the exception of any
product". country or jurisdiction which is subject to
trade or other economic sanction or
ii. If a "product withdrawal" is initiated, embargo by the United States of America.
you must:
b. "Defect" means a defect, deficiency or
(1) Immediately record the inadequacy that creates a dangerous
specifics of the "product condition.
withdrawal" and the date it
was initiated; and c. "Product tampering" is an act of
intentional alteration of "your product"
(2) Notify us as soon as which has caused or is reasonably
practicable. You must see to it expected to cause "bodily injury" or
that we receive written notice physical injury to tangible property other
of the "product withdrawal" as than "your product". When "product
soon as practicable. tampering" is known, suspected or
iii. You must promptly take all threatened, a "product withdrawal" will be
reasonable steps to mitigate the limited to those batches of "your product"
expenses associated with a "product which are known or suspected to have
withdrawal". Any "profit" that you been tampered with. For the purposes of
receive from mitigating the expenses this insurance, electronic data is not
will be deducted from the amount of tangible property.
reimbursement that you will receive For the purposes of this insurance, electronic
for "product withdrawal expenses". data is not tangible property.
iv. You and any other involved insured "Electronic data" means information, facts or
must: programs stored as or on, created or used on,
(1) Immediately send us copies of or transmitted to or from computer software,
pertinent correspondence hard or floppy disks, CD- ROMs, tapes,
received in connection with drives, cells, data processing devices or any
the “product withdrawal”; other media which are used with electronically
(2) Authorize us to obtain records controlled equipment.
and other information; and d. "Product withdrawal" means the recall or
(3) Cooperate with us in our withdrawal:
investigation of the “property i. From the market; or
withdrawal”.
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ii. From use by any other person or f. "Profit" means the positive gain from
organization; of "your products", or business operation after subtracting for all
products which contain "your expenses.
products", because of known or g. "Your product" means:
suspected "defects" in "your product",
or known or suspected "product i. Any goods or products, other than
tampering", which has caused or is real property, manufactured, sold,
reasonably expected to cause "bodily handled, distributed or disposed of
injury" or physical injury to tangible by:
property other than "your product". (1) You;
For the purposes of this insurance, (2) Others trading under your
electronic data is not tangible name; or
property.
(3) A person or organization
"Electronic data" means information, whose business or assets you
facts or programs stored as or on, have acquired; and
created or used on, or transmitted to
ii. Containers (other than vehicles),
or from computer software, hard or
materials, parts or equipment
floppy disks, CD- ROMs, tapes,
furnished in connection with such
drives, cells, data processing devices
goods or products.
or any other media which are used
with electronically controlled E. EMPLOYEE BENEFITS LIABILITY COVERAGE
equipment. This endorsement is subject to the provisions
e. "Product withdrawal expenses" means applying to the Commercial General Liability
those reasonable and necessary extra Coverage Form, except as provided below.
expenses, listed below, paid and directly 1. Insuring Agreement
related to a "product withdrawal":
a. We will pay those sums that the insured
i. Cost of replacing "your product", becomes legally obligated to pay as
repairing the "defect" in "your damages because of any act, error or
product" or repurchasing "your omission, of the insured, or of any other
product" for your initial purchase person for whose acts the insured is
price, whichever is less; legally liable, to which this insurance
ii. Costs of notification; applies. We will have the right and duty to
iii. Costs of stationery, envelopes, defend the insured against any "suit"
production of announcements and seeking those damages. However, we will
postage or facsimiles; have no duty to defend the insured
against any "suit" seeking damages to
iv. Costs of overtime paid to regular non- which this insurance does not apply. We
salaried employees and costs may, at our discretion, investigate any
incurred by such employees, report of an act, error or omission and
including costs of transportation and settle any "claim" or "suit" that may result.
accommodations; But:
v. Costs of computer time; i. The amount we will pay for damages
vi. Costs of hiring independent is limited as described in Paragraph
contractors and other temporary 5. (Section III – Limits Of
employees; Insurance); and
vii. Costs of transportation, shipping or ii. Our right and duty to defend ends
packaging; when we have used up the applicable
viii. Costs of warehouse or storage limit of insurance in the payment of
space; or judgments or settlements. No other
obligation or liability to pay sums or
ix. Costs of proper disposal of "your perform acts or services is covered
products", or products that contain unless explicitly provided for under
"your products", that cannot be Supplementary Payments.
reused, not exceeding your initial
purchase price or your cost to
produce the products.
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b. This insurance applies to damages only if g. ERISA
the act, error or omission, is negligently Damages for which any insured is liable
committed in the "administration" of your because of liability imposed on a fiduciary
"employee benefit program"; by the Employee Retirement Income
2. Exclusions Security Act of 1974, as now or hereafter
This insurance does not apply to: amended, or by any similar federal, state
or local laws.
a. Dishonest, Fraudulent, Criminal Or
Malicious Act h. Available Benefits
Damages arising out of any intentional, Any "claim" for benefits to the extent that
dishonest, fraudulent, criminal or such benefits are available, with
malicious act, error or omission, reasonable effort and cooperation of the
committed by any insured, including the insured, from the applicable funds
willful or reckless violation of any statute. accrued or other collectible insurance.
b. Bodily Injury, Property Damage, Or i. Taxes, Fines Or Penalties
Personal And Advertising Injury Taxes, fines or penalties, including those
"Bodily injury", "property damage" or imposed under the Internal Revenue
"personal and advertising injury". Code or any similar state or local law.
c. 3rd Party Failure To Perform A j. Employment-Related Practices
Contract Damages arising out of wrongful
Damages arising out of failure of termination of employment,
performance of contract by any insurer. discrimination, or other employment-
related practices.
d. Insufficiency Of Funds
3. For the purposes of the coverage provided by
Damages arising out of an insufficiency of this endorsement all references to
funds to meet any obligations under any Supplementary Payments – Coverages A and
plan included in the "employee benefit B are replaced by Supplementary Payments –
program". Coverages A, B and Employee Benefits
e. Inadequacy Of Performance Of Liability.
Investment/Advice Given With Respect 4. For the purposes of the coverage provided by
To Participation this endorsement, Paragraphs 2. and 3. of
Any "claim" based upon: Section II – Who Is An Insured are replaced
i. Failure of any investment to perform; by the following:
ii. Errors in providing information on a. Each of the following is also an insured:
past performance of investment i. Each of your "employees" who is or
vehicles; or was authorized to administer your
iii. Advice given to any person with "employee benefit program".
respect to that person's decision to ii. Any persons, organizations or
participate or not to participate in any "employees" having proper temporary
plan included in the "employee authorization to administer your
benefit program". "employee benefit program" if you
f. Workers' Compensation And Similar die, but only until your legal
Laws representative is appointed.
Any "claim" arising out of your failure to iii. Your legal representative if you die,
comply with the mandatory provisions of but only with respect to duties as
any workers' compensation, such. That representative will have all
unemployment compensation insurance, your rights and duties under this
social security or disability benefits law or Endorsement.
any similar law.
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b. Any organization you newly acquire or However, the amount paid under this
form, other than a partnership, joint endorsement shall not exceed, and
venture or limited liability company, and will be subject to, the limits and
over which you maintain ownership or restrictions that apply to the payment
majority interest, will qualify as a Named of benefits in any plan included in the
Insured if no other similar insurance "employee benefit program". The
applies to that organization. However: Limits of Insurance of this
endorsement apply separately to
i. Coverage under this provision is each consecutive annual period and
afforded only until the 90th day after to any remaining period of less than
you acquire or form the organization 12 months, starting with the
or the end of the policy period, beginning of the policy period shown
whichever is earlier. in the Declarations of the policy to
ii. Coverage under this provision does which this endorsement is attached.
not apply to any act, error or omission 6. Deductible
that was committed before you
acquired or formed the organization. a. Our obligation to pay damages on behalf
of the insured applies only to the amount
5. Limits of Insurance of damages in excess of the deductible
For the purposes of the coverage provided by amount stated in the Schedule as
this endorsement, Section III – Limits Of applicable to Each Employee. The limits
Insurance is replaced by the following: of insurance shall not be reduced by the
a. The Limits of Insurance shown in the amount of this deductible.
Schedule of Limits and the rules below is b. The deductible amount stated in the
the most we will pay regardless of the Schedule applies to all damages
number of: sustained by any one "employee",
i. Insureds; including such "employee's" dependents
and beneficiaries, because of all acts,
ii. "Claims" made or "suits" brought; errors or omissions to which this
iii. Persons or organizations making insurance applies.
"claims" or bringing "suits"; c. The terms of this insurance, including
iv. Acts, errors or omissions; or those with respect to:
v. Benefits included in your "employee i. Our right and duty to defend any
benefit program". "suits" seeking those damages; and
b. The Aggregate Limit is the most we will ii. Your duties, and the duties of any
pay for all damages because of acts, other involved insured, in the event of
errors or omissions negligently committed an act, error or omission, or "claim"
in the "administration" of your "employee apply irrespective of the application of
benefit program". the deductible amount.
c. Subject to the Aggregate Limit, the Each d. We may pay any part or all of the
Employee Limit is the most we will pay for deductible amount to effect settlement of
all damages sustained by any one any "claim" or "suit" and, upon notification
"employee", including damages sustained of the action taken, you shall promptly
by such "employee's" dependents and reimburse us for such part of the
beneficiaries, as a result of: deductible amount as we have paid.
i. An act, error or omission; or
ii. A series of related acts, errors or
omissions negligently committed in
the "administration" of your
"employee benefit program".
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7. For the purposes of the coverage provided by iv. No insured will, except at that
this endorsement, Conditions 2. and 4. of insured's own cost, voluntarily make
Section IV – Commercial General Liability a payment, assume any obligation or
Conditions are replaced by the following: incur any expense without our
consent.
a. Duties In The Event Of An Act, Error
Or Omission, Or "Claim" Or "Suit" b. Other Insurance
i. You must see to it that we are notified This coverage is excess if there is any
as soon as practicable of an act, error other Employee Benefit Liability attached
or omission which may result in a to this policy by endorsement.
"claim". To the extent possible, notice 8. For the purposes of the coverage provided by
should include: this endorsement, the following definitions are
(1) What the act, error or added to the Section V - Definitions:
omission was and when it a. "Administration" means:
occurred; and i. Providing information to "employees",
(2) The names and addresses of including their dependents and
anyone who may suffer beneficiaries, with respect to eligibility
damages as a result of the for or scope of "employee benefit
act, error or omission. programs";
ii. If a "claim" is made or "suit" is ii. Handling records in connection with
brought against any insured, you the "employee benefit program"; or
must: iii. Effecting, continuing or terminating
(1) Immediately record the any "employee's" participation in any
specifics of the "claim" or benefit included in the "employee
"suit" and the date received; benefit program". However,
and "administration" does not include
(2) Notify us as soon as handling payroll deductions.
practicable. You must see to it b. "Cafeteria plans" means plans authorized
that we receive written notice by applicable law to allow employees to
of the "claim" or "suit" as soon elect to pay for certain benefits with pre-
as practicable. tax dollars.
iii. You and any other involved insured c. “Claim" means any demand, or "suit",
must: made by an "employee" or an
(1) Immediately send us copies of "employee's" dependents and
any demands, notices, beneficiaries, for damages as the result of
summonses or legal papers an act, error or omission.
received in connection with d. "Employee benefit program" means a
the "claim" or "suit"; program providing some or all of the
(2) Authorize us to obtain records following benefits to "employees",
and other information; whether provided through a "cafeteria
plan" or otherwise:
(3) Cooperate with us in the
investigation or settlement of i. Group life insurance, group accident
the "claim" or defense against or health insurance, dental, vision
the "suit"; and and hearing plans, and flexible
spending accounts, provided that no
(4) Assist us, upon our request, in one other than an "employee" may
the enforcement of any right subscribe to such benefits and such
against any person or benefits are made generally available
organization which may be to those "employees" who satisfy the
liable to the insured because plan's eligibility requirements;
of an act, error or omission to
which this insurance may also
apply.
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ii. Profit sharing plans, employee A. HIRED AND NON-OWNED AUTO LIABILITY
savings plans, employee stock COVERAGE
ownership plans, pension plans and
1. Insurance is provided only for these
stock subscription plans, provided
that no one other than an "employee" coverages, but only if you do not have any
may subscribe to such benefits and other insurance available to you which affords
the same or similar coverage.
such benefits are made generally
available to all "employees" who are a. Hired Auto Liability
eligible under the plan for such The insurance provided under Section I –
benefits; Coverage A Bodily Injury and Property
iii. Unemployment insurance, social Damage Liability applies to “bodily
security benefits, workers' injury” or “property damage” arising out of
compensation and disability benefits; the maintenance or use of a “hired auto”
iv. Vacation plans, including buy and sell by you or your “employees” in the course
of your business for the limits provided in
programs; leave of absence
programs, including military, the Schedule of Limits of this
maternity, family, and civil leave; endorsement.
tuition assistance plans; b. Non-owned Auto Liability
transportation and health club The insurance provided under Section I -
subsidies. Coverage A Bodily Injury and Property
9. For the purposes of the coverage provided by Damage Liability applies to “bodily
this endorsement, Definitions 5. and 18. in injury” or “property damage” arising out of
Section V - Definitions Section are replaced the use of any “non-owned auto” in your
by the following: business by any person for the limits
a. "Employee" means a person actively provided in the Schedule of Limits of this
endorsement.
employed, formerly employed, on leave of
absence or disabled, or retired. 2. With respect to the insurance provided by this
"Employee" includes a "leased worker". endorsement: Subparagraphs c., e., g., h., j.,
"Employee" does not include a k., l., m., and n. of paragraph 2. Exclusions
"temporary worker". of Section I - Coverage A Bodily Injury and
b. "Suit" means a civil proceeding in which Property Damage Liability are replaced by
damages because of an act, error or the following:
omission to which this insurance applies This insurance does not apply to:
are alleged. "Suit" includes: a. “Bodily injury”:
i. An arbitration proceeding in which i. To an “employee” of the insured
such damages are claimed and to arising out of and in the course of
which the insured must submit or employment by the insured or
does submit with our consent; or performing the duties related to the
ii. Any other alternative dispute conduct of the insured business or
resolution proceeding in which such ii. To the spouse, child, parent, brother
damages are claimed and to which or sister of that “employee” as a
the insured submits with our consent. consequence of 1.a.(1) above.
This exclusion applies:
SECTION 4 – OPTIONAL COVERAGES (1) Whether the insured may be
If shown as included in the Schedule of Coverages, liable as an employer or in
the following Optional Coverage may also apply. any other capacity; and
These coverages are subject to the terms, exclusions (2) To any obligation to share
and conditions applicable to the Commercial General damages with or repay
Liability Coverage and this endorsement. someone else who must pay
damages because of injury.
This exclusion does not apply to:
(1) Liability assumed by the insured
under an “insured contract”; or
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(2) “Bodily injury” arising out of and i. Any person or organization with respect
in the course of domestic to the conduct of any current or past
employment by the insured partnership or joint venture that is not
unless benefits for such injury shown as a Named Insured in the
are in whole or in part either Declarations.
payable or required to be 4. Section III – Limits of Insurance Paragraph
provided under any workers’ 2.b. is replaced by the following:
compensation law. a. Damages under Coverage A and
b. “Property damage” to: Coverage B, except damages because
i. Property owned or being transported of:
by, or rented or loaned to the i. Injury and damage included in the
insured; or “products-completed operations
ii. Property in the care, custody or hazard”; or
control of the insured. (1) “Bodily injury” or “property
3. Section II – Who is an Insured is replaced damage” arising out of the:
by the following: (2) Maintenance or use of a
Each of the following is an insured under this “hired auto” by you or your
insurance to the extent set forth below. “employee” in the course of
your business; or
a. You;
(3) Use of any “non-owned auto”
b. Any other person using a “hired auto” with in your business by any
your permission; person other than you.
c. With respect to a “non-owned auto”, any 5. Definitions
partner or “executive officer” of yours, any
“employee” of yours; but only while such a. The following additional definitions apply:
“non-owned auto” is being used in your i.
“Auto business” means the business
business; and or occupation of selling, repairing,
d. Any other person or organization, but only servicing, storing or parking “autos”.
with respect to their liability because of b. Paragraph 9. “Insured contract” is
acts or omissions of an insured under a., changed by the addition of the following:
b., or c. above. ii. “Insured contract” means the part of
None of the following is an insured: any contract or agreement entered
e. Any person engaged in the business of into as part of your business, by you
his or her employer with respect to “bodily or any of your employees pertaining
injury” to any co-“employee” of such to the rental or lease of any “auto”.
person injured in the course of iii. Does not include that part of any
employment or to the spouse, child, contract or agreement:
parent, brother or sister of that co- (1) That pertains to the loan, lease
“employee” as a consequence of such or rental of an “auto” to you or
“bodily injury”, or for any obligation to any of your employees, if the
share damages with or repay someone “auto” is loaned, leased or
else who must pay damages because of rented with a driver; or
the injury;
(2) That holds a person or
f. Any partner or “executive officer” with organization, engaged in the
respect to any “auto” owned by such business of transporting
partner or officer or a member of his or property by “auto” for hire,
her household; harmless for your use of a
g. Any person while employed in or covered “auto” over a route or
otherwise engaged in duties in territory that that person or
connection with an “auto business” organization is authorized to
including an “auto business” you operate. serve by public authority.
h. The owner or lessee (of whom you are a
sublessee) of a “hired auto” or the owner
of a “non-owned auto” or any agent or
“employee” of any such owner or lessee;
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c. “Hired auto” means any “auto” you lease, iii. That is demonstratable as beginning
hire, rent or borrow. This does not include and ending within 72 hours; and
any “auto” you lease, hire, rent or borrow iv. That is sudden and accidental.
from any of your “employees”, partners (if
you are a partnership), members (if you 2. Exclusions
are a limited liability company) or The insurance provided by this endorsement
members of their households. does not apply to:
d. “Non-owned auto” means any “auto” you a. Expected or Intended
do not own, lease, hire, rent or borrow “Bodily injury”,” property damage” or
that is used in connection with your “environmental damage” expected or
business. This includes any “auto” owned intended from the standpoint of the
by your “employees” or partners (if you insured.
are a partnership), members (if you are a
b. Contractual Liability
limited liability company) or members of
“Bodily injury”,” property damage” or
their households but only while used in
“environmental damage” for which the
your business or your personal affairs.
insured is obligated to pay damages by
B. LIMITED WORK SITE POLLUTION LIABILITY reason of the assumption of liability in a
contract or agreement. This exclusion
The following is added to Section I – Coverages:
does not apply to liability for damages
COVERAGE D – LIMITED WORK SITE that the insured would have in the
POLLUTION LIABILITY absence of the contract or agreement.
1. Insuring Agreement c. Workers’ Compensation and Similar
a. We will pay those sums that the insured Laws
becomes legally obligated to pay as Any obligation of the insured under a
damages because of “bodily injury” or workers’ compensation, disability benefits
“property damage” or “clean-up costs” or unemployment compensation law or
because of “environmental damage” any similar law.
which directly results from physical injury d. Bodily Injury to Employees
to tangible property to which this
“Bodily injury” to
insurance applies. We have the right and
duty to defend any “suit” seeking those i. employees of the insured arising out
damages. We may at our discretion of and in the course of employment
investigate any “pollution incident” and by the insured; or performing duties
settle any claim or “suit” that may result. related to the conduct of the insured’s
But: business;
i. The amount we will pay for damages ii. The spouse, child, parent, brother or
and “clean-up costs” is limited as sister of that employee as a
described in Section III – Limits of consequence of i. above.
Insurance of this endorsement; and This exclusion applies whether or not the
ii. Our right and duty to defend ends insured may be liable as an employer, or
when we have used up the applicable in any other capacity; and to any
limit of insurance in the payment of obligation to share damages with or repay
judgments, settlements, or “clean-up someone else who must pay damages
costs”. because of the injury.
No other obligation or liability to pay sums e. Damage to Property or Environment
or perform acts or services is covered “Property damage” or “environmental
unless explicitly provided for under damage” to:
Supplementary Payments.
i. A “waste facility”;
b. This insurance applies to “bodily injury”,
“property damage” and “environmental
damage” that arises out of a “pollution
incident”;
i. On or from “your work site” in the
“coverage territory”;
ii. That occurs during the policy period;
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ii. Property you own, rent or occupy, i. Aircraft, Auto, Rolling Stock or
including any costs or expenses Watercraft
incurred by you, or any other person, “Bodily injury”,” property damage” or
organization or entity for repair, “environmental damage” arising out of:
replacement, enhancement,
restoration or maintenance of such i. the ownership, maintenance, use or
property for any reason, including entrustment to others of any aircraft,
prevention of injury to a person or “auto”, rolling stock or watercraft
damage to another’s property; owned or operated by or rented or
loaned to any insured. User includes
iii. Premises you sell give away or operations and “loading or
abandon, if the “environmental unloading”.
damage” arises out of any part of
those premises; This exclusion applies even if the
claims against any insured allege
iv. Property loaned to you; or negligence or other wrongdoing in the
v. Personal property in the care, supervision, hiring, employment,
custody or control of the insured. training or monitoring of others by
f. Products-Completed Operations that insured, if the "pollution incident"
Hazard which caused the "bodily injury",
"property damage" or "environmental
“Bodily injury”,” property damage” or damage" involved the ownership,
“environmental damage” included in the maintenance, use or entrustment to
“products-completed operations hazard” others of any aircraft, "auto", rolling
and arising out of an emission, discharge, stock or watercraft that is owned or
release or escape which originates away operated by or rented or loaned to
from insured’s jobsite. any insured.
g. Offshore Facility ii. The transportation of “mobile
“Bodily injury”,” property damage” or equipment” by an “auto” owned, or
“environmental damage” arising out of the operated by or rented or loaned to
ownership or operation of any offshore any insured; or
facility as defined in the Outer Continental iii. The use of “mobile equipment” in or
Shelf Lands Act Amendment of 1978 or while in practices or preparation for, a
the Clean Water Act of 1977 as amended prearranged racing, speed, or
in 1978 or any deep-water port as defined demolish contest or in an any stunting
in the Deepwater Port Act of 1974 as activity.
amended or as may be amended.
iv. This endorsement does not apply to
h. Closed Waste Sites “bodily injury”, “property damage”, or
“Bodily injury”,” property damage” or “environmental damage” arising out
“environmental damage” arising out of a of the operation of any of the
“pollution incident” from an insured’s equipment listed in paragraph f. (2) or
jobsite or any part of the insured’s jobsite f. (3) of “Mobile equipment”,
that was used by you for the storage, paragraph 12 in SECTION V –
disposal, processing or treatment of DEFINITIONS.
waste materials and was: j. Wells
i. Sealed off, closed, abandoned or “Bodily injury”,” property damage” or
alienated prior to the inception of this “environmental damage” arising out of the
coverage; or emission, discharge, release or escape of
ii. Sealed off or closed subject to drilling fluid, oil, gas or other fluids from
statute, ordinance or governmental any oil, gas, mineral, water or geothermal
regulation or directive requiring well.
maintenance or monitoring during or
after sealing off or closure.
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k. Failure To Comply With Environmental o. Pollutants
Laws “Bodily injury”,” property damage” or
“Bodily injury”,” property damage” or “environmental damage” on or from any
“environmental damage” arising out of a of “your work sites”, on which any insured
"pollution incident" which results from or or any contractor or subcontractor
is directly or indirectly attributable to working directly or indirectly on any
failure to comply with any applicable insured’s behalf are performing
statute, regulation, ordinance, directive or operations if the “pollutants” are not
order relating to the protection of the brought on or to “your work site” by such
environment and promulgated by any insured, contractor, or subcontractor.
governmental body, provided that failure 3. Supplementary Payments
to comply is a willful or deliberate act or
omission of: For the purposes of the coverage provided by
this endorsement all references to
i. The insured; or Supplementary Payments – Coverages A and
ii. You or any of your members, B are replaced by Supplementary Payments –
managers, partners or "executive Coverages A, B and D.
officers". 4. Limits of Insurance
l. Acid Rain For the purposes of the coverage provided by
“Bodily injury”,” property damage” or this endorsement, Section III – Limits of
“environmental damage” arising out of Insurance is replaced by the following:
acid rain. a. The Limits Of Insurance shown in the
m. Electronic Data Schedule of this endorsement and the
Damages arising out of the loss of, loss of rules below fix the most we will pay
use of, damage to, corruption of, inability regardless of the number of:
to access, or inability to manipulate i. Insureds;
electronic data. ii. Claims made or "suits" brought;
As used in this exclusion, electronic data iii. Persons or organizations making
means information, facts or programs claims or bringing "suits"; or
stored as or on, created or used on, or
transmitted to or from computer software, iv. Governmental actions taken with
including systems and applications respect to “clean-up costs”.
software, hard or floppy disks, CDROMs, b. The Aggregate Limit is the most we will
tapes, drives, cells, data processing pay for the sum of all “bodily injury”,
devices or any other media which are “property damage”, and all “clean-up
used with electronically controlled costs” incurred because of
equipment. “environmental damages”.
n. Underground Storage Tanks c. Subject to the Limited Work Site Pollution
“Bodily injury”,” property damage” or Liability Aggregate Limit, the Each
“environmental damage” arising out of the Occurrence Limit displayed on the
emission, discharge, release or escape of Schedule of Coverages is the most we
“pollutants” from an underground storage will pay for all “bodily injury”, “property
tank, pipes and or pumps. This includes damage”, and all “clean-up costs”
underground storage tanks, pipes and incurred because of “environmental
pumps below the lowest building level or damages”.
beneath ground outside of a building or d. Limits of Insurance for this coverage
structure. apply separately to each consecutive
annual period and to any remaining
period of less than 12 months, starting
with the beginning of the policy period
shown in the Declarations of the policy to
which this endorsement is attached.
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5. Deductible e. “Your work site” means any site or
location on which you or any contractors
a. Our obligation to pay damages on behalf or subcontractors working directly or
of the insured applies only to the amount indirectly on your behalf are working.
of damages in excess of the deductible “Your work site” does not include any
stated in the Schedule. The limit of premises, site or location which current is
insurance shall not be reduced by the or was, at the time you or any contractors
amount of this deductible. or subcontractors working directly or
b. The deductible amount stated in the indirectly on your behalf were working on
Schedule applies to all damages. such premises, site or location, owned or
c. We may pay any part or all of the occupied by or rented or loaned to you.
deductible amount to effect settlement of C. CONTRACTORS ERRORS AND OMISSIONS
any “claim” or “suit” and, upon notification LIABILITY COVERAGE
of the action taken, you shall promptly
reimburse us for such part of the Notice: This insurance coverage is provided on a
deductible amount as we have paid. claims-made basis. Coverage is limited to liability
for damages for which “claims” are first made
6. Other Insurance against the insured while this insurance is active.
Paragraph 4. of SECTION IV – CONDITIONS Please read the entire coverage provision
is amended as follows: carefully.
All references to Coverages A or B are 1. Insuring Agreement
amended to read Coverages A, B, or D. a. We will pay on behalf of the insured all
7. Definitions sums the insured must pay as damages
for faulty workmanship, material, design
The following definitions are added to
or products. The damages must have
SECTION V – DEFINITIONS:
resulted from the insured’s error,
a. “Clean-up costs” means expenses to test omission or negligent act while acting in
for, monitor, clean-up, remove, contain, your business capacity as described in
treat, detoxify or neutralize “pollutants”. the Schedule of this endorsement or from
b. “Environmental damage” means the a defect in material, or in a product sold
injurious presence of “pollutants” in or or installed by the insured while acting in
upon land, the atmosphere, or any water this capacity.
course or body of water. b. We have the right and duty to defend any
c. “Pollution Incident” means the actual or suit asking for these damages. However,
alleged emission, discharge, release, or we have no duty to defend suits for
escape of “pollutants” from “your work damages not covered by this
site” provided that such emission, endorsement. We may investigate and
discharge, release, or escape results in settle any claim or suit as we consider
“environmental damage”. All “bodily appropriate.
injury”, “property damage” and c. No other obligation or liability to pay sums
“environmental damage” arising out of or perform acts or services is covered
one emission, discharge, release, or unless explicitly provided for under 3.
escape shall be deemed to be one Supplemental Payments of this coverage.
“pollution incident”. However:
d. “Waste facility” means any site to which i. We will pay with respect to any claims
waste from the operations of “your work we settle, or any suit against the
site” is legally consigned for delivery or insured we defend, “defense
delivered for storage, disposal, expense” incurred by us, or by the
processing or treatment, provide that insured with our consent; and
such site is not and never was owned by, ii. Payments of “defense expense” are
rented or loaned to you.
included in the Limit of Insurance
shown in the Schedule and described
in 5. Limits of Insurance.
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2. Exclusions i. Intellectual Property
We will not pay for any claim resulting from: Damages which arise out of infringement
a. Asbestos and Lead of copyright or trademark or patent, unfair
competition or piracy, or theft or wrongful
Damages arising out of, attributable to, or taking of concepts or intellectual property.
in any way related to asbestos, or lead, in
any form or transmitted in any manner. j. Intentional Injury
b. Bankruptcy Dishonest, fraudulent, criminal or
malicious acts intentionally committed by
Damages arising out of your insolvency the named insured or by any partner or
or bankruptcy. “executive officer” or at the direction of
c. Bodily Injury, Personal and any of these parties. Also, any injury
Advertising Injury, and Property which is expected or intended by the
Damage insured, including damages of a greater
i. “Bodily injury”, “personal injury and degree or result than expected or
advertising injury”, or intended.
ii. “Property damage” to property other k. Manufacturers’ warranties
than “your product”, “your work” or Express manufacturer’s warranties or
“impaired property”. guarantees.
d. Bridges and Dams l. Non-compensatory Damages
Activities in connection with bridges i. Any punitive or exemplary damages.
exceeding 150 feet in length, or dams. However, if a lawsuit is filed against
e. Contractual the insured which alleges both
compensatory and
Liability of others assumed by the insured punitive/exemplary damages, we will
by agreement under any contract, defend the entire lawsuit with the
whether oral or in writing, unless such understanding that we will pay only
liability would have attached to the the covered compensatory damages;
insured even in the absence of such and
agreement.
ii. Any fines or penalties.
f. Delay
m. Owned or Rented Property
Any delay or failure to complete a
contract or project, or to complete a Any liability arising from “property
contract or project on time. damage” to property owned, rented or
leased by the insured.
g. Electronic Data
n. Pollutants
Damage arising out of the loss of use of,
damage to, corruption of, inability to i. Damages which would not have
access, or inability to manipulate occurred in whole or part but for the
“electronic data”. actual, alleged or threatened
discharge, dispersal, release or
h. Estimates, Financing and Legal Work escape of pollutants at any time.
Loss because of an error or omission; ii. Any loss, cost or expense arising out
i. In the preparation of estimate of of any request, demand or order that
probable job costs, or cost estimates any insured or others test for,
being exceeded; estimate of profit or monitor, clean up, remove, contain,
return on capital; treat, detoxify or neutralize or in any
way respond to or assess the effects
ii. On advising or failure to advise on
of pollutants.
financing of the work or project; and
iii. Pollutants means one or more solid,
iii. In advising or failure to advise on any
liquid, gaseous or thermal irritant or
legal work, title checks, form of
contaminant including smoke, vapor,
insurance; or suretyship.
soot, fumes, acids, alkalis, chemicals
and waste. Waste includes material
to be recycled, reconditioned or
reclaimed.
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iv. This exclusion does not apply to r. Professional Liability
damages caused by heat, smoke or i. Any liability arising out of the
fumes from a hostile fire: rendering or failure to render any
(1) At or from premises you own, professional services by you or on
rent or occupy; or your behalf, but only with respect to
(2) At or from any site or location either or both of the following
on which you or any operations
contractors or subcontractors (1) Providing engineering,
working directly or indirectly on architectural or surveying
your behalf are performing services to others; and
operations, if the pollutants are (2) Providing or hiring
brought on or to the site or independent professionals to
location in connection with provide engineering,
such operations. architectural or surveying
As used here, a hostile fire means services in connection with
one which becomes uncontrollable or construction work you
breaks out from where it was perform.
intended to be. ii. Subject to iii. Below, professional
o. Prior Acts services include:
Any liability arising from negligent acts, (1) The preparing, approving or
errors, omissions or defect that were failing to prepare or approve,
committed or existed prior to the maps, shop drawings,
Retroactive Date shown in the Schedule. opinions, reports, surveys,
p. Prior to Completion field orders or drawings and
specifications; and
Any damages before you have completed
your work. Your work will be deemed (2) Supervisory or inspection
completed at the earliest of the following activities performed as part of
times: any related architectural or
engineering activities.
i. When all the work called for in your
contract or work order has been iii. Professional services do not include
completed, services with construction means,
methods, techniques, sequences and
ii. When all of the work to be done at procedures employed by you in
the jobsite has been completed if connection with construction work
your contract calls for work at more you perform.
than one jobsite,
s. Profit
iii. When that part of the work done at a
jobsite has been put to is intended Your loss of profit or expected profit.
use by any person or organization t. Related Enterprises
other than another contractor or For claims made against the insured by a
subcontractor working on the same business enterprise (or its assignees)
project. Work that may need service, which is wholly or partly owned operated
maintenance, correction, repair or or managed by the insured or which has
replacement, will be treated as directly or indirectly an interest in the
completed. ownership or management of the named
q. Products insured.
Any liability arising from “property For claims made against the insured
damage” to products that are still in your arising out of services performed by or on
physical possession. behalf of a joint venture.
u. Right of Action
Any liability arising from “claims” or “suits”
where the right of action against the
insured has been relinquished or waived.
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v. Subcontracted Work d. An organization other than a partnership,
Any liability for “property damage” to joint venture or limited liability company,
“your work” if the damaged work or the you are an insured. Your “executive
work out of which the damage arises was officers” and directors are insured, but
performed on your behalf by a only with respect their duties as your
subcontractor. officers or directors. Your stockholder are
also insured, but only with respect to their
w. Substitution liability as stockholders.
A decision to substitute a material or e. A trust, you are an insured. Your trustees
product for one specified on blueprints, are also insureds, but only with respect to
work orders, contracts, or engineering their duties as trustees.
specifications unless there has been
written authorization. 5. Limit of Insurance
3. Supplemental Payments a. The Limits of Insurance shown in the
Schedule and the rules below fix the most
In addition to 5. Limits of Insurance we will we will pay regardless of the number of:
also pay:
i. Insureds;
a. Premiums on appeal bonds in any suit we
defend and agree to appeal. We do not ii. Claims made or “suits” brought; or
have to furnish these bonds. iii. Persons or organizations making
b. Premiums on bonds to release claims or bringing “suits”.
attachments in a suit we defend but only b. The Annual Aggregate Limit shown in the
for bonds up to our Limit of Insurance. Schedule is the most we will pay for the
We do not have to furnish these bonds. sum of all “claims” made during the policy
c. All interest accruing after the entry of a period including “defense expenses”.
judgement in a suit we defend. Our duty c. Subject to the Annual Aggregate Limit,
to pay interest ends when we pay or the Each Claim Limit shown in the
tender our Limit of Insurance Schedule is the most we will pay for
d. Prejudgment interest awarded against the damages for any one “claim” including
insured on that part of the judgment we “defense expenses”. Any related “claim”
pay. If we make an offer to pay the resulting from any one negligent act, error
applicable Limit of Insurance, we will not or omission or defect will be considered
pay any prejudgment interest based on one “claim”.
that period of time after the offer. d. We will pay:
4. Who Is An Insured i. If you made the repairs, 80% of:
If you are designated in the Declarations as: (1) Your normal and customary
a. An individual, you and your spouse are labor charges; and
insureds, but only with respect to the (2) Your retail cost of materials.
conduct of a business of which you are ii. If the repairs are made by others, the
the sole owner. actual cost of repairs.
b. A partnership or joint venture, you are an e. For errors in contract or job specifications
insured. Your members, your partners, or in recommendations of products and
and their spouses are also insureds, but materials to be used, this endorsement
only with respect to the conduct of your will not pay for additional costs of
business. products and materials to be used that
c. A limited liability company, you are an would not have been incurred had the
insured. Your members are also correct recommendation or specifications
insureds, but only with respect to the been made.
conduct of your business. Your 6. Deductible Clause
managers are insured, but only with
respect to their duties as your managers. a. A mandatory deductible will apply to each
claim payable under this endorsement.
The applicable deductible is shown in the
Schedule.
19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 26 of 29
b. Our obligation to pay damages on your You and any other insured, must
behalf applies only to the amount of cooperate with us and, upon our request,
damage in excess of the deductible attend hearings and trials and assist in
amount stated in the Schedule. The limit effective settlements, securing and giving
of insurance will not be reduced by the evidence, and obtaining the attendance of
application of deductible. witnesses in the conduct of suits. You
c. We may pay any part or all of the and other insured must not voluntarily
deductible amount to effect settlement of make any payment, assume any
any claim or suit and, upon notification of obligation or incur any expense except at
the action taken, you shall promptly your or the other insured’s own cost.
reimburse us for such part of the We may pay all or part of any damages to
deductible amount as has been paid by effect settlement of a claim or suit.
us. 9. Other Insurance
7. Extended Reporting Period This insurance does not apply to a claim or
a. You have the right to the Extended any part of a claim if there is other valid and
Reporting Periods described below if collectible insurance available to the insured.
coverage is cancelled for any reason Performance bonds shall not be considered
other than non-payment of premium. insurance available to the insured. However,
Once in effect, extended reporting if there is other errors and omissions
periods may not be terminated. Claims insurance, we will pay only our share of the
must be reported to us prior to the payments we owe under this endorsement.
expiration of the extended reporting Our share is the proportion that the limit of
period. this coverage to the total of the limits of all
i. An automatic 30-day extended such policies.
reporting period will apply; and 10. Transfer of Rights of Recovery Against
ii. A 12-month extended reporting Other to Us
period may be purchased for an If any person or organization to or for whom
additional charge. You must pay the we make payment under this insurance has
required additional premium within 60 rights to recover damages from another,
days after the expiration date of this those rights are transferred to us. That
coverage. person or organization must do everything
b. Extended reporting periods apply solely necessary to secure our rights and must do
to claims arising out of errors, omissions nothing after the loss or damage to impair
or negligent acts first committed or them.
defects which existed prior to the end of 11. Changes
the coverage period stated in the This endorsement contains all the
Declarations. agreements between you and us. Its terms
c. Extended reporting periods do not extend may not be changed or waived except by us.
the coverage period or change the scope Our agent’s knowledge will be considered our
of coverage provided. knowledge. If before a claim is made or suit
8. Conditions is brought, our agent knows something which
a. Notice of Claim or Suit violates a coverage condition, this will not
void the coverage or defeat a recovery for a
You must notify us or our agent as soon claim.
as possible when you receive information
as to your alleged error, omission, 12. Transfer of Your Interest in This
negligent act or a defect. You must also Endorsement
give us full particulars of any claim arising Your rights and duties under this
therefrom. You must immediately forward endorsement may not be assigned without
to us every summons or other process our written consent.
received by you.
b. Assistance and Cooperation of the
Insured
19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 27 of 29
13. Definitions ii. Costs of legal proceedings;
a. “Advertisement” means a notice that is iii. Costs taxed against any insured in a
broadcast or published to the general suit; and
public or specific market segments about iv. Reasonable expenses incurred by the
your goods, products or services for the insured at our request to assist us in
purpose of attracting customers or the investigation or defense of the
supporters. For the purposes of this claim or suit.
definition;
“Defense expense” does not include
i. Notices that are published include salaries and expenses of our
material placed on the Internet or on employees, including employed
similar electronic means of attorneys, salaries and expenses of
communication; and the insured’s employees, fees and
ii. Regarding web sites, only that part of expenses of independent adjusters
a web site that is about your goods, we hire, and expenses specifically
products or service for the purposes provided for under C. Supplemental
of attracting customers or supporters Payments.
is considered an advertisement. e. “Electronic data” means information, facts
b. “Bodily injury” means bodily injury, or programs stored as or on, created or
sickness or disease sustained by a used on, or transmitted to or from
person, including death resulting from any computer software, including systems
of these at any time. and applications software, including
c. “Claims” means a demand or “suit” which systems and applications, software, hard
seeks money damages, including or floppy disks, CD-ROMs, tapes, drives,
consequential resulting loss, for: cells, data processing devices or any
other media as used with electronically
i. “Property damage” to “your product”; controlled equipment.
ii. “Property damage” to “your work”; f. “Impaired property” means tangible
iii. “Property damage” to “impaired property, other than “your product” or
property”; or “your work”, that cannot be used or is less
iv. Loss, cost or expense for the loss of useful because:
use, withdrawal, recall, inspection, i. It incorporates “your product” or “your
repair, replacement, adjustment, work” that is known or thought to be
removal or disposal of; defective, deficient, inadequate or
(1) “Your product”; dangerous; or
ii. You have failed to fulfill the terms of a
(2) “Your work”; or
contract or agreement;
(3) “Impaired property”; if such
if such property can be restored to use
product, work or property is
by the repair, replacement, adjustment
withdrawn or recalled from the
or removal of “your product” or “your
market or from use by any
work” or your fulfilling the terms of the
person or organization because
contract or agreement.
of a known or suspected defect,
deficiency, inadequacy or g. “Normal and customary adjustments”
dangerous condition in it. means those operations and expenses
However, this does not include routinely engaged in or incurred after the
“normal or customary installation of “your work” or “your
adjustments” to “your product” or product” to render it fully functional and
“your work” after installation; /or efficient and anticipated in your
caused by faulty workmanship, installation contract.
material or design. h. “Personal and advertising injury” means
d. “Defense expense” means reasonable injury, including consequential “bodily
and necessary expenses that result from injury”, arising out of one or more of the
the investigation, settlement, or defense following offenses:
of a specific claim, including; i. False arrest, detention or
i. Attorney and paralegal fees and imprisonment;
expenses; ii. Malicious prosecution;
19263 12 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 28 of 29
iii. The wrongful eviction from, wrongful (b) Other trading under your
entry into, or invasion of the right of name; or
private occupancy of a room, dwelling (c) A person or organization
or premises that a person occupies, whose business or assets
committed by or on behalf of its you have acquired; and
owner, landlord or lessor;
(2) Containers (other than vehicles),
iv. Oral or written publication, in any materials, parts or equipment
manner, of material that slanders or furnished in connection with
libels a person or organization or such goods or products.
disparages a person’s or
organization’s goods, products or ii. Includes:
services; (1) Warranties or representations
v. Oral or written publication, in any made at any time with respect to
manner, of material that violates a the fitness, quality, durability,
person’s right to privacy; performance or use of “your
product” and
vi. The use of another’s advertising idea
in your “advertisement”; or (2) The providing of or failure to
provide warnings or instructions.
vii. Infringing upon another’s copyright,
trade dress or slogan in your iii. Does not include vending machines
‘advertisement”. or other property rented to or located
for the use of others but not sold.
i. “Property damage” means:
l. “Your work”:
i. Physical injury to tangible property,
including all resulting loss of use of i. Means:
that property. All such loss of use (1) Work or operations performed
shall be deemed to occur at the time by you or on your behalf; and
of the physical injury that caused it;
(2) Materials, parts or equipment
or
furnished in connection with
ii. Loss of use of tangible property that such work or operations.
is not physically injured. All such loss
ii. Includes:
of use shall be deemed to occur at
the time of the incident that caused it. (1) Warranties or representations
made at any time with respect to
For the purposes of this insurance,
the fitness, quality, durability,
electronic data is not tangible property.
performance or use of “your
j. “Suit” means a civil proceeding in which work”; and
money damages because of “claims” to
(2) The providing of or failure to
which this insurance applies are alleged.
provide warnings or instructions.
“Suit” includes:
i. An arbitration proceeding in which
such damages are claimed and to
which you must submit or do submit
with our consent;
ii. Any other alternative dispute
resolution proceeding in which such
damages are claimed and to which
you submit with our consent; or
iii. An appeal of a civil proceeding.
k. “Your product”
i. Means
(1) Any goods or products, other
than real property,
manufactured, sold, handled,
distributed or disposed of by;
(a) You;
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Policy No. 6741745 Agent No. 0100173
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
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 anyone not named in the Schedule.
Schedule
Any person or organization with whom the insured agrees
to waive subrogation in a written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective June 25, 2025 Policy No. Endorsement No.
Insured Premium
Insurance Company Countersigned by__________________________________________
WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.