DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 03/04/2026
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 CONTACT Emily O'Dell
NAME:
STARR-MATHEWS AGENCY PHONE (770) 386-0466 FAX (770) 386-3164
(A/C, No, Ext): (A/C, No):
P. O. Box 1990 E-MAIL eodell@starrmathews.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
Cartersville GA 30120 INSURER A : Utica Mutual Insurance Company 25976
INSURED INSURER B : Utica National Assurance Compa 10687
Clark Maintenance & Supplies, Inc INSURER C : Republic Franklin Ins. Co 12475
1685 Marietta Road NW INSURER D : ARMR.Network, LLC
INSURER E :
Atlanta GA 30318-3667 INSURER F :
COVERAGES CERTIFICATE NUMBER: 2025-26 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
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 100,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ 5,000
A Y Y 5736325 10/01/2025 10/01/2026 PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
PRO- 2,000,000
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
B OWNED SCHEDULED Y Y 5736324 10/01/2025 10/01/2026 BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000
A EXCESS LIAB CLAIMS-MADE Y Y 5741551 10/01/2025 10/01/2026 AGGREGATE $ 2,000,000
DED RETENTION $ 10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
C OFFICER/MEMBER EXCLUDED? Y N/A Y 5736323 10/01/2025 10/01/2026
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
Pollution Policy
D ENP0314270-01 10/09/2025 10/09/2026 Per Occcurence 1,000,000
Per Aggregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
General Liability Extension Endorsement-8-E-3548 Ed. 7-2011, Primary and Noncontribuory-Cg 20 01 12 19, Commerical Automobile Extension
Endorsement-8-E-2419 Ed. 04-2017, Waiver Of Our Right to Recover From Others Endorsement-WC 00 03 13, Follow Form Broadening
Endorsement-8-UMC-130 Ed. 10-2003, Commerical Liability Umbrella Coverage Form-CU 00 01 04 13
Excluded: Ashley Malone, Jeremiah Clark, Robert Clark, Robert Clark II
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 and Dekalb County Board of Education ACCORDANCE WITH THE POLICY PROVISIONS.
1701 Mountain Industrial BLVD
AUTHORIZED REPRESENTATIVE
Stone Mountain GA 30063
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Additional Named Insureds
Other Named Insureds
1668 Thomas St. LLC Limited Liability Company, Additional Insured
1685 Marietta Road LLC Limited Liability Company, Additional Insured
Clark Truck Repair C Corporation, Additional Named Insured
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
POLICY NUMBER: CULP 5741551 COMMERCIAL LIABILITY UMBRELLA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FOLLOW FORM BROADENING ENDORSEMENT
(COVERAGES A AND B)
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COV ERAGE PART
SCHEDULE
Exclusions Applicable to Coverage A:
)
X
)
Expected Or Intended Injury
/ / / /
)
X
)
Damage To Property
/ / / /
)
X
)
Professional Services
) )
Other (specify):
/)
Exclusions Applicable to Coverage B:
)
, , )
)
X
)
Contractual Liability
/ / / X Professional Services
/ / /
) )
) )
Other (specify):
8
)
>)
8 )
The following is added as the final paragraph of the Exclusion(s) indicated by an "X" in the Schedule above.
This exclusion does not apply to the extent that valid "underlying insurance" for the exposure described above
exists or would have existed but for the exhaustion of the applicable underlying limits. Coverage provided will
follow the provisions, exclusions and limitations of the "underlying insurance" unless otherwise directed by this
insurance.
8-UMC-130 Ed. 10-2003 Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Copyright, Utica Mutual Insurance Company, 2003.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. INCIDENTAL MALPRACTICE This exclusion applies even if the claims against
a. The definition of “bodily injury” in SECTION any insured allege negligence or other
V - DEFINITIONS is amended to include wrongdoing in the supervision, hiring,
injury arising out of rendering or failing to employment, training or monitoring of others by
render medical or paramedical services to that insured, if the “occurrence” which caused
persons by any physician, dentist, nurse, the “bodily injury” or “property damage” involved
emergency medical technician or paramedic the ownership, maintenance, use or
who is employed by you to provide such entrustment to others of any aircraft, “auto” or
services. watercraft that is owned or operated by or
b. Paragraph 2.a.(1)(d) of SECTION II - WHO rented or loaned to any insured.
IS AN INSURED does not apply to nurses, This exclusion does not apply to:
emergency medical technicians or
(1) An aircraft that is:
paramedics described in paragraph a.
above. (a) Hired, chartered or loaned to an insured
c. Part (1) of the Employers Liability with a paid crew; and
exclusion under Paragraph 2. Exclusions, (b) Not owned by an insured;
of SECTION - I COVERAGE A does not (2) A watercraft while ashore on premises you
apply to injury to the emotions or reputation own or rent;
of a person arising out of such services. (3) A watercraft you do not own that is:
This Incidental Malpractice Coverage does not (a) Less than 51 feet long; and
apply if you are engaged in the business or
profession of providing services described in (b) Not being used to carry persons or
paragraph a. above. property for a charge;
2. EXTENDED PROPERTY DAMAGE Exceptions (1) and (3) to this exclusion g. do
Under Paragraph 2. Exclusions of SECTION - I not apply, and exclusion g. is fully applicable, to
COVERAGE A, the Expected Or Intended any aircraft or watercraft to which any other
Injury exclusion is replaced by the following: insurance covering “bodily injury” or “property
Expected Or Intended Injury damage” is available to the insured. This is so
“Bodily injury” or “property damage” expected or whether the other insurance applies on a
intended from the standpoint of the insured. primary, excess, contingent or any other basis.
This exclusion does not apply to “bodily injury” (4) Parking an “auto” on, or on the ways next
or “property damage” resulting from the use of to, premises you own or rent, provided the
reasonable force to protect persons or property. “auto” is not owned by or rented or loaned
3. NONOWNED AIRCRAFT AND WATERCRAFT to you or the insured;
Under Paragraph 2. Exclusions of SECTION - I (5) Liability assumed under any “insured
COVERAGE A, the Aircraft, Auto or contract” for the ownership, maintenance or
Watercraft is replaced by the following: use of aircraft or watercraft; or
Aircraft, Auto or Watercraft (6) “Bodily injury” or “property damage” arising
“Bodily injury” or “property damage” arising out out of:
of the ownership, maintenance, use or
entrustment to others of any aircraft, “auto” or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and “loading or unloading.”
8-E-3548 Ed. 7-2011 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 9
with its permission.
Copyright, Utica Mutual Insurance Company, 2007.
(a) The operation of machinery or 5. CONTRACTUAL PERSONAL AND ADVERTISING
equipment that is attached to, or part of, INJURY
a land vehicle that would qualify under Under Paragraph 2. Exclusions of SECTION - I
the definition of “mobile equipment” if it COVERAGE B, the Contractual Liability
were not subject to a compulsory or exclusion is deleted. However, the coverage
financial responsibility law or other provided by this section will not apply if
motor vehicle insurance law in the state COVERAGE B PERSONAL AND
where it is licensed or principally ADVERTISING INJURY LIABILITY is excluded
garaged; or by any of the exclusions or other provisions of
(b) The operation of any of the machinery the Coverage Form or by any endorsement.
or equipment listed in Paragraph f.(2) or
6. FIRE, LIGHTNING OR EXPLOSION DAMAGE
f.(3) of the definition of “mobile
equipment”. a. The last paragraph of SECTION I -
4. PROPERTY DAMAGE LIABILITY - COVERAGE A (after the exclusions) is
ELEVATORS, BORROWED EQUIPMENT and replaced by the following:
LIMITED COVERAGE FOR DAMAGE TO Exclusions c. through n. do not apply to
PERSONAL PROPERTY IN YOUR CARE, damage by fire, lightning or explosion to
CUSTODY OR CONTROL premises rented to you or temporarily
a. Under Paragraph 2. Exclusions of occupied by you with permission of the
SECTION - I COVERAGE A, part (4) of the owner. A separate limit of insurance
Damage To Property exclusion applies as applies to this coverage as described in
follows: SECTION III - LIMITS OF INSURANCE.
(1) This exclusion always applies to b. Paragraph 6. of Section III - Limits Of
“property damage” to property of others Insurance is replaced by the following:
which occurs at premises you own, rent 6. Subject to 5. above, the greater of:
or control. (1) $500,000; or
(2) With respect to “property damage” to
personal property of others which (2) The Damage To Premises Rented
occurs away from premises you own, To You Limit shown in the
rent or control, this exclusion will apply Declarations;
only when the “property damage” is: is the most we will pay under Coverage
(a) To property which you have A for damages because of “property
contracted to install; damage” to any one premises, while
(b) The direct result of the property rented to you, or in the case of damage
being raised, lowered or otherwise by fire, lightning or explosion, while
moved by a crane; rented to you, or temporarily occupied
(c) To “mobile equipment” or an “auto”; by you with permission of the owner.
(d) To that particular part of property The Damage To Premises Rented To
which you are attempting to service You Limit applies to all loss or damage
or repair; or caused by or resulting from fire,
(e) Covered by other insurance which lightning, or explosion; or any
will pay for the “property damage.” combination of these causes
(3) This exclusion does not apply to c. Under SECTION IV - COMMERCIAL
“property damage” to borrowed GENERAL LIABILITY CONDITIONS,
equipment while not being used to OTHER INSURANCE, the Excess
perform operations at the job site. Insurance provision pertaining to fire
b. Parts (3), (4) and (6) of the Damage To insurance for premises rented to you or
Property exclusion do not apply to the use temporarily occupied by you with
of elevators. permission of the owner is replaced by the
c. The insurance afforded by this section is following:
excess over any valid and collectible That is Fire and Extended Coverage
property insurance (including any deductible insurance for premises rented to you or
portion thereof) available to the insured temporarily occupied by you with
whether primary, excess, contingent or on permission of the owner;
any other basis, and the OTHER
INSURANCE condition is deemed changed
accordingly.
Page 2 of 9 8-E-3548 Ed. 07-2011
7. SUPPLEMENTARY PAYMENTS (iii) For which there is any
obligation to share damages
Under SUPPLEMENTARY PAYMENTS -
with or repay someone else
COVERAGES A AND B:
who must pay damages
a. The most we will pay for the cost of bail because of the injury
bonds required because of accidents or described in Paragraphs
traffic law violations arising out of the use of (1)(a)(i) or (ii) above; or
any vehicle to which the Bodily Injury (iv) Arising out of his or her
Liability Coverage applies is increased by providing or failing to
$2,250. provide professional health
b. The most we will pay for actual loss of care services. However, if
earnings because of time off from work is you have “employees” who
increased by $250. are pharmacists in your
8. BROADENED COVERAGE - EMPLOYEES/ retail druggist or drugstore
VOLUNTEERS operation, they are insured
The following replaces paragraph 2.a. under with respect to their
SECTION II - WHO IS AN INSURED: providing or failing to
provide professional health
2. Each of the following is also an insured: care services.
a. Your “volunteer workers” only while (b) “Property damage” to property:
performing duties related to the conduct (i) Owned, occupied or used
of your business, or your “employees”, by,
other than either your “executive (ii) Rented to, in the care,
officers” (if you are an organization custody or control of, or
other than a partnership, joint venture over which physical control
or limited liability company) or your is being exercised for any
managers (if you are a limited liability purpose by
company), but only for acts within the you, any of your “employees”,
scope of their employment by you or “volunteer workers”, any partner
while performing duties related to the or member (if you are a
conduct of your business. However, partnership or joint venture), or
none of these: any member (if you are a
(1) “Employees” is an insured for: limited liability company).
(2) “Volunteer workers” is an insured
(a) “Personal and advertising for:
injury”: (a) “Bodily injury” or “personal and
(i) To you, to your partners or advertising injury”:
members (if you are a (i) To you, to your partners or
partnership or joint members (if you are a
venture), to your members partnership or joint
(if you are a limited liability venture), to your members
company), to a co- (if you are a limited liability
”employee” while in the company), to a co-
course of his or her ”employee” while in the
employment or performing course of his or her
duties related to the employment or performing
conduct of your business, duties related to the
or to your other “volunteer conduct of your business,
workers” while performing or to your other “volunteer
duties related to the workers” while performing
conduct of your business; duties related to the
(ii) To the spouse, child, conduct of your business;
parent, brother or sister of (ii) To the spouse, child,
that co-”employee” or parent, brother or sister of
“volunteer worker” as a that co-”employee” or
consequence of Paragraph “volunteer worker” as a
(1)(a)(i) above; consequence of Paragraph
(2)(a)(i) above;
8-E-3548 Ed. 07-2011 Page 3 of 9
(iii) For which there is any 10. SUBSIDIARIES
obligation to share The following is added under SECTION II -
damages with or repay WHO IS AN INSURED:
someone else who must a. Any organization, not shown in the
pay damages because of Declarations as a Named Insured, which is
the injury described in a legally incorporated entity, if you own
Paragraphs (2)(a)(i) or (ii) more than 50% of the outstanding securities
above; or representing the present right to vote for the
(iv) Arising out of his or her election of its directors; or
providing or failing to b. Any organization, not shown in the
provide professional health Declarations as a Named Insured, which is
care services. a legally incorporated entity, if more than
(b) “Property damage” to property: 50% of the outstanding securities
(i) Owned, occupied or used representing the present right to vote for the
by, election of its directors is owned by an
organization described in paragraph 10.a.
(ii) Rented to, in the care,
above; is also an insured.
custody or control of, or
over which physical control The insurance afforded under paragraphs
is being exercised for any 10.a. and 10.b. applies only if no other
purpose by insurance of any kind is available to such
entity for this kind of liability.
you, any of your “employees”,
“volunteer workers”, any partner 11. ADDITIONAL INSUREDS - BY CONTRACT,
or member (if you are a AGREEMENT OR PERMIT - INCLUDING
partnership or joint venture), or LESSOR OF LEASED EQUIPMENT, OWNER
any member (if you are a OF LEASED LAND, MANAGERS OR
limited liability company). LESSORS OF PREMISES, ENGINEERS,
9. NEWLY FORMED OR ACQUIRED ARCHITECTS AND SURVEYORS AND
ORGANIZATIONS VENDORS
Paragraph 3. under SECTION II - WHO IS AN The following is added to SECTION II - WHO IS
INSURED, is replaced by the following: AN INSURED:
3. Any organization you newly acquire or form; a. Additional Insureds - By Contract,
other than a partnership, joint venture or Agreement or Permit
limited liability company; and over which (1) Any person or organization with whom
you maintain ownership or majority interest, you have entered into a written
will qualify as a Named Insured if there is no contract, agreement or permit requiring
other similar insurance available to that you to provide insurance such as is
organization. However: afforded by this Commercial General
a. Coverage under this provision is Liability Coverage Form will be an
afforded only until the 180th day after additional insured, but only:
you acquire or form the organization or (a) To the extent that such additional
the end of the policy period, whichever insured is held liable for acts or
is earlier; and omissions committed by you or your
b. Coverage under this provision does not subcontractors during the performance
apply to: of your ongoing operations for the
additional insured.
(1) “Bodily injury” or “property damage”
that occurred; or (b) With respect to property owned or
used by, or rented or leased to,
(2) “Personal and advertising injury”
you.
arising out of an offense committed;
The insurance afforded any additional
before you acquired or formed the
insured under this paragraph 11.a.(1)
organization.
will be subject to all applicable
exclusions or limitations described in
paragraphs 11.b.(1), (2), (3) and (4)
and in 11.c.(1), (2), (3), (4), (5) and (6)
below.
Page 4 of 9 8-E-3548 Ed. 07-2011
(2) Such insurance as is provided by (4) Engineers, Architects or Surveyors
paragraph 11.a.(1) for any additional If an engineer, architect or surveyor is
insured will be primary, if so required by an additional insured as a result of the
the written contract, agreement or provisions of paragraphs 11.a.(1), (2)
permit. Any other insurance available to and (3) above, the following additional
such person or organization shall be exclusions apply:
excess over this insurance.
This insurance does not apply to “bodily
(3) A person's or organization's status as injury,” “property damage,” “personal
an additional insured in connection with and advertising injury” arising out of the
a written contract, agreement or permit rendering or failing to render any
under paragraphs 11.a.(1), (2) and (3) professional services by or for you,
ends when your operations for that including:
additional insured are completed or the
(a) The preparing, approving, or failing
written contract, agreement or permit is
to approve, maps, shop drawings,
terminated or expires.
opinions, reports, surveys, field
b. Additional Exclusions or Limitations
orders, change orders or drawings
(1) Lessor of Leased Equipment and specifications; or
If an equipment lessor is an additional (b) Giving directions or instructions, or
insured as a result of the provisions of failing to give them, if that is the
paragraphs 11.a.(1), (2) and (3) above, primary cause of injury.
the following additional exclusion
applies: (5) Vendors of “Your Products”
This insurance does not apply to “bodily If a vendor of “your products” is an
injury” or “property damage” arising out additional insured under this Coverage
of the sole negligence of such Part, such insurance as is provided to
additional insured. the additional insured applies only with
(2) Owner of Leased Land respect to “bodily injury” or “property
damage” arising out of “your products”
If an owner or other interest from whom
which are distributed or sold in the
land has been leased is an additional
regular course of the vendor's business
insured as a result of the provisions of
and subject to the following additional
paragraphs 11.a.(1), (2) and (3) above,
exclusions:
the following additional exclusions
apply: (a) This insurance afforded the vendor
This insurance does not apply to: does not apply to:
(a) Any “occurrence” that takes place (i) “Bodily injury” or “property
after you cease to lease that land; damage” for which the vendor
or is obligated to pay damages by
(b) Structural alterations, new reason of the assumption of
construction or demolition liability in a contract or
operations performed by or for the agreement. This exclusion does
owner or other interest from whom not apply to liability that the
the land was leased. vendor would have in the
absence of the contract or
(3) Managers or Lessors of Premises
agreement;
If a manager or lessor of premises you
rent or lease is an additional insured as (ii) Any express warranty
a result of the provisions of paragraphs unauthorized by you;
11.a.(1), (2) and (3) above, the (iii) Any physical or chemical
following additional exclusions apply: change in the product made
This insurance does not apply to: intentionally by the vendor;
(a) Any “occurrence” that takes place (iv) Repackaging, unless unpacked
after you cease to be a tenant in solely for the purpose of
those premises; or inspection, demonstration,
(b) Structural alterations, new testing or the substitution of
construction or demolition operations parts under instructions from
performed by or for the manager or the manufacturer, and then
lessor of those premises. repackaged in the original
container;
8-E-3548 Ed. 07-2011 Page 5 of 9
(v) Any failure to make such (3) Construction or demolition activities
inspections, adjustments, tests within 50 feet of any railroad property
or servicing as the vendor has and affecting any railroad bridge or
agreed to make or normally trestle, track, road-bed, tunnel,
undertakes to make in the usual underpass or crossing.
course of business, in (4) Any liability arising from injury or
connection with the distribution damage in connection with a permit
or sale of the products; issued by a state or political subdivision
(vi) Demonstration, installation, if the liability is from operations
servicing or repair operations, performed for the state or political
except such operations subdivision.
performed at the vendor's (5) Any liability from “bodily injury” or
premises in connection with the “property damage” arising out of “your
sale of the product; or work” which is included in the “products-
(vii) Products which, after completed operations hazard.”
distribution or sale by you, have This additional exclusion 11.c.(5) does
been labeled or relabeled or not apply with respect to such Vendors
used as a container, part or coverage as is provided under 11.b.(5)
ingredient of any other thing or above.
substance by or for the vendor. (6) Any person or organization included as
(b) This insurance afforded the vendor an insured under any other provision of
does not apply to any person or Section II - Who Is An Insured or
organization from whom you have included as an additional insured by
acquired such products, or any any endorsement to this policy.
ingredient, part or container 12. INSUREDS - NONOWNED WATERCRAFT
entering into, accompanying or
The following is added to SECTION II - WHO IS
containing such products.
AN INSURED:
No insurance will be provided under this
With respect to any watercraft you do not own
Vendors coverage if “bodily injury” or
that is:
“property damage” under the “products-
completed operations hazard” is a. Less than 51 feet long; and
excluded by any of the exclusions or b. Not being used to carry persons or property
other provisions of this Coverage Form for a charge;
or by any endorsement. any person who uses or is responsible for the
c. Such insurance as is afforded for any use of such watercraft, with your express or
additional insured under paragraph 11.a. or implied consent, is an insured.
b. above is subject to all applicable Any other person or organization responsible for
exclusions of 2. Exclusions, COVERAGE A the conduct of such person is also an insured,
(Section I), other than exclusion b. but only with respect to liability arising out of the
Contractual Liability, to all exclusions or operation or use of the watercraft, and only if no
limitations stated with the coverage other insurance of any kind is available to that
language, and to the following additional person or organization for this liability. However,
exclusions: no person or organization is an insured with
This insurance does not apply to: respect to:
(1) The independent acts or omissions of (1) “Bodily injury” to a co-”employee” of the
such additional insured. person operating or using the watercraft; or
(2) Any liability arising from injury or (2) “Property damage” to property owned by,
damage in connection with a contract or rented to, in the charge of or occupied by
agreement executed or permit issued you or the employer of any person who is
subsequent to: an insured under this provision.
(a) The occurrence of any “bodily
injury” or “property damage”; or
(b) The commission of any offense
which caused “personal and
advertising injury.”
Page 6 of 9 8-E-3548 Ed. 07-2011
13. MEDICAL PAYMENTS (3) A member or manager, if you are a
Paragraph 7. of SECTION III - LIMITS OF limited liability company; or
INSURANCE is replaced by the following: (4) An “executive officer” or insurance
7. Subject to 5. above, the most we will pay manager, if you are an organization
under Coverage C for all medical expenses other than a partnership, joint venture
because of “bodily injury” sustained by any or limited liability company.
one person is the Medical Expense Limit b. If a claim is made or “suit” is brought
which is the greater of: against any insured, you must:
a. $15,000; or (1) Immediately record the specifics of the
b. The Medical Expense Limit shown in claim or “suit” and the date received;
the Declarations. and
14. PRIORITY CONDITION (2) Notify us as soon as practicable.
The following paragraph is added to SECTION You must see to it that we receive written
III - LIMITS OF INSURANCE: notice of the claim or “suit” as soon as
8. In the event a claim or “suit” is brought practicable.
against more than one insured, due to This paragraph b. will be considered to
“bodily injury” or “property damage” from the have been violated only if the violation
same “occurrence”, or “personal and occurs after the claim or “suit” is known to:
advertising injury” from the same offense, (1) You;
the Limits of Insurance will apply in the (2) A partner or member, if you are a
following order: partnership or joint venture;
a. You; (3) A member or manager, if you are a
b. Your “executive officers”, directors, limited liability company; or
stockholders or “employees”, and (4) An “executive officer” or insurance
c. Any other insureds in any order that we manager, if you are an organization
choose. other than a partnership, joint venture
15. DUTIES IN THE EVENT OF OCCURRENCE, or limited liability company.
OFFENSE, CLAIM OR SUIT c. You and any other involved insured must:
Under SECTION IV - COMMERCIAL (1) Immediately send us copies of any
LIABILITY CONDITIONS, DUTIES IN THE demands, notices, summonses or legal
EVENT OF OCCURRENCE, OFFENSE, papers received in connection with the
CLAIM OR SUIT is replaced by the following: claim or “suit”;
Duties In The Event Of Occurrence, Offense, (2) Authorize us to obtain records and
Claim Or Suit other information;
a. You must see to it that we are notified as (3) Cooperate with us in the investigation,
soon as practicable of an “occurrence” or an or settlement of the claim or defense
offense which may result in a claim. To the against the “suit”; and
extent possible, notice should include: (4) Assist us, upon our request, in the
(1) How, when and where the “occurrence” enforcement of any right against any
or offense took place; person or organization that may be
(2) The names and addresses of any liable to the insured because of injury or
injured persons and witnesses; and damage to which this insurance may
(3) The nature and location of any injury or also apply.
damage arising out of the “occurrence” d. No insured will, except at that insured's own
or offense. cost, voluntarily make a payment, assume
This paragraph a. applies only if one of the any obligation, or incur any expense, other
following knows of the “occurrence” or than for first aid, without our consent.
offense:
(1) You;
(2) A partner or member, if you are a
partnership or joint venture;
8-E-3548 Ed. 07-2011 Page 7 of 9
16. WAIVER OF TRANSFER OF RIGHTS OF b. International waters or airspace, provided
RECOVERY AGAINST OTHERS TO US the injury or damage does not occur in the
Under SECTION IV - COMMERCIAL course of travel or transportation to or from
GENERAL LIABILITY CONDITIONS, the any place not included in a. above; or
following replaces Transfer Of Rights Of c. All other parts of the world if:
Recovery Against Others To Us: 1) The injury or damage arises out of:
If the insured has rights to recover all or part of a) Goods or products made or sold by
any payment we have made under this policy, you in the territory described in a.
those rights are transferred to us. The insured above;
must do nothing after loss to impair them. At our b) The activities of a person whose
request, the insured will bring “suit” or transfer home is in the territory described in
those rights to us and help us enforce them. a. above, but is away for a short
We waive any right of recovery we may have time on your business; or
under such a transfer of rights against any
c) “Personal and advertising injury”
person or organization holding a waiver under a offenses that take place through the
written contract with the insured if such contract Internet or similar electronic means
was executed prior to the loss which generated of communication; and
such right of recovery. 2) The insured's responsibility to pay
17. NOTICE TO COMPANY damages is determined in a “suit” on
The following is added to SECTION IV - the merits, in:
COMMERCIAL GENERAL LIABILITY a) The territory described in a. above;
CONDITIONS: b) The Commonwealth of the
Notice To Company Bahamas, Bermuda, Cayman
If the insured reports an “occurrence” or offense Islands, and British Virgin Islands;
to its Workers Compensation insurer and such or in a settlement we agree to.
“occurrence” or offense later becomes a claim 20. BODILY INJURY DEFINITION
under this Coverage Part, failure to report such Under the Definitions Section, “bodily injury” is
“occurrence” or offense to us at the time of the replaced by the following:
“occurrence” or offense will not be considered a “Bodily injury” means:
violation of the Duties in the Event of a. Bodily injury, sickness or disease sustained
Occurrence, Offense, Claim or Suit Condition, by a person, including death resulting from
only if: any of these at any time; or
b. Shock, mental anguish or mental injury,
a. Such failure or omission is not intentional;
including death resulting therefrom, to a
and
person who sustained bodily injury,
b. You notify us as soon as practicable when sickness or disease, provided the shock,
you become aware that the “occurrence” or mental anguish or mental injury is a
offense has become a liability claim. consequence of the bodily injury, sickness
18. UNINTENTIONAL FAILURE TO DISCLOSE or disease.
HAZARDS 21. PERSONAL AND ADVERTISING INJURY
The following is added to SECTION IV - LIABILITY EXTENSION
COMMERCIAL GENERAL LIABILITY Under the Definitions Section, “personal and
CONDITIONS: advertising injury” is replaced by the following:
Unintentional Failure To Disclose Hazards “Personal and advertising injury” means injury
Failure of the insured to disclose all hazards including mental anguish, shock or humiliation
existing as of the inception date of the policy other than “bodily injury” arising out of one or
shall not prejudice the rights of the insured as more of the following offenses:
respects the insurance afforded by this policy if 1. False arrest, detention or imprisonment;
such failure or omission is not intentional. 2. Malicious prosecution or abuse of process;
3. Wrongful entry into, or eviction of a person
19. COVERAGE TERRITORY
from, a room, dwelling or premises that the
Under the Definitions Section, “coverage person occupies;
territory” is replaced by the following: 4. Oral or written publication, in any manner,
“Coverage territory” means: of material that slanders or libels a person
a. The United State of America (including its or organization or disparages a person's or
territories and possessions), Puerto Rico organization's goods, products or services;
and Canada;
Page 8 of 9 8-E-3548 Ed. 07-2011
5. Oral or written publication, in any manner, m. Loss Of Use Of Tangible Property
of material that violates a person's right of Loss of use of tangible property which
privacy; has not been physically injured or
6. The use of another's advertising idea in destroyed, resulting from:
your “advertisement”;
(1) A delay in or lack of performance by
7. Infringing upon another's copyright, trade
you or anyone on your behalf of any
dress or slogan in your “advertisement”; or
contract or agreement; or
8. Discrimination.
As used in this form, discrimination means (2) The failure of “your product” or
the act of differentiation based on age, race, “your work” to meet the level of
color, sex, religion, national origin, physical performance, quality, fitness or
handicap or sexual preference which durability warranted or represented
violates any applicable federal, state or by or on your behalf.
local statute which pertains to This exclusion does not apply to loss of
discrimination. use of other tangible property resulting
But discrimination does not include acts of from the sudden or accidental physical
differentiation that cause injury to: injury to or destruction of:
a. A person arising out of any: (1) “Your product”; or
(1) Refusal to employ that person; (2) “Your work”;
(2) Termination of that person's after such product or work has been put
employment; or to its intended use.
(3) Employment-related practices, n. Recall Of Products, Work Or Other
policies, acts or omissions, such as Property
coercion, demotion, evaluation, Damage claimed for any loss, cost or
reassignment, discipline, expense incurred by you or others for
defamation, harassment, humiliation the loss of use, withdrawal, recall,
or discrimination directed at that inspection, repair, replacement,
person; or adjustment, removal or disposal of:
b. The spouse, child, parent, brother or (1) “Your product”;
sister of that person as a consequence (2) “Your work”; or
of “bodily injury” to that person at whom (3) Any property of which “your
any of the employment-related product” or “your work” forms a
practices described in paragraphs (1), part;
(2) or (3) above as directed.
if such product, work, or property is
Paragraphs a. and b. above apply: withdrawn or recalled from the market
(1) Whether the “insured” may be liable or from use by any person or
as an employer or in any other organization because of a known or
capacity; and suspected defect, deficiency,
(2) To any obligation to share damages inadequacy or dangerous condition in it.
with or repay someone else who 23. LIBERALIZATION
must pay damages because of the If we adopt any revision that would broaden the
injury. coverage under this Coverage Part without
22. IMPAIRED PROPERTY additional premium within 45 days prior to or
a. Under the Definitions Section, the during the policy period, the broadened
definition of “impaired property” does not coverage will immediately apply to this
apply. Coverage Part.
b. Exclusions m. and n. under SECTION I -
COVERAGE A are replaced by the
following:
8-E-3548 Ed. 07-2011 Page 9 of 9
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE
EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
Only that insurance provided below that broadens coverage under the Commercial Auto Coverage Part applies.
A. Fellow Employee Exclusion Exception 3. As respects the Physical Damage Coverage
The following modification applies on an excess provided for hired "autos" under this
basis over any other insurance. Coverage Extension, our obligation to pay for,
Exclusion 5. (Fellow Employee) of SECTION II - repair, return or replace damaged or stolen
LIABILITY COVERAGE is replaced by the property will be reduced by the largest
following: deductible for such coverage applicable to
5. "Bodily injury" to any fellow employee of the any owned covered "auto." In the event of
"loss" caused by fire or lightning, no
"insured" arising out of and in the course of
deductible shall apply.
the fellow employee's employment.
But this exclusion does not apply to "bodily D. Leased Auto Additional Legal Obligation
injury" to any fellow employee which results Coverage
from the use of a covered "auto" you own or The following coverage is added to SECTION III -
hire. PHYSICAL DAMAGE COVERAGE:
B. Increased Supplementary Payments For any covered "auto" for which this Coverage
The amount we will pay for the cost of bail bonds Form includes a lessor as an additional "insured"
and for reasonable expenses incurred by the under the Additional Insured - Lessor
"insured" under the Supplementary Payments endorsement, we will pay your additional "legal
Coverage Extension of SECTION II - LIABILITY obligation" to such lessor in the event of a total
COVERAGE is increased to $2,500 and $300 "loss."
respectively. As used in this coverage, "legal obligation" shall
C. Automatic Hired Auto Physical Damage mean and be the difference between the amount
owed on your lease and the actual cash value of
Coverage
the "auto." The amount owed on your lease shall
1. Subject to 2. and 3. below, the broadest of not include any taxes; overdue payments or
the Physical Damage Coverages provided interest resulting from overdue payments;
under this Coverage Part for "autos" you own penalties; lease termination fees; and charges
are also provided for hired "autos" which are resulting from mileage, overdue payments or
covered for Liability Coverage under this excess wear and tear. The actual cash value of
Coverage Part. the "auto" and the amount owed on your lease
2. The most we will pay for "loss" in any one shall be based on the time of the "loss."
"accident" is the lesser of: E. Theft Extension
a. The actual cash value of the damaged or The coverage provided under SECTION III -
stolen property as of the time of the PHYSICAL DAMAGE COVERAGE for
"loss"; transportation expenses incurred by you because
b. The cost of repairing or replacing the of a total theft of a covered "auto" of the private
damaged or stolen property with other passenger type is increased to $50 per day and to
property of like kind and quality; or a maximum of $1,000.
c. $35,000.
8-E-2419 Ed. 04-2017 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3
with its permission.
Copyright, Utica Mutual Insurance Company, 2017.
F. Window Glass Breakage Deductible Waiver K. Broadened Cancellation
For "loss" covered under SECTION III - It is agreed that we may cancel or nonrenew this
PHYSICAL DAMAGE COVERAGE, the Coverage Part by mailing or delivering to the first
Deductible provision does not apply to window Named Insured written notice of cancellation or
glass breakage if the damaged window glass is nonrenewal at least sixty (60) days before the
repaired instead of replaced. effective date of cancellation.
G. Malfunction Extension for Airbags This provision does not apply if the policy is
The following provision is added to the Exclusion cancelled for nonpayment of premium.
for wear and tear, freezing, mechanical or If these provisions conflict with any state law or
electrical breakdown under SECTION III - regulation governing the cancellation/nonrenewal
PHYSICAL DAMAGE COVERAGE: of this Coverage Part, then such law or regulation
But mechanical or electrical breakdown does not shall prevail and this Coverage Part is amended
include accidental inflation of an airbag. to conform with such law or regulation.
H. Multiple Deductibles L. Broadened Named Insured
1. In the event of any occurrence which results It is agreed that the Named Insured shown in the
in a loss or "loss" we cover under more than Declarations includes any subsidiary corporation,
one Coverage, Coverage Form, or Coverage firm, or organization of a similar business nature
Part, the deductibles shall apply as described which is newly acquired or formed, and over
in 2., 3. or 4. below. which you maintain ownership or majority interest,
if there is no other similar insurance available to
2. a. If all involved deductibles are equal in that organization. However, coverage does not
amount, that amount will apply only once apply to "bodily injury," "property damage" or
for all loss or "loss" from each "loss" that occurred before you acquired or
occurrence. formed the organization.
b. Loss or "loss" from each occurrence No person or organization is an "insured" with
under all involved coverages will be respect to the conduct of any current or past
accumulated to make up that deductible partnership or joint venture that is not shown as a
amount. Named Insured in the Declarations.
3. If involved deductibles for different coverages As used in this extension of coverage, the phrase,
are of different amounts, we will use the "similar business nature" means of a nature which
method described in a. or b. of this item 3. an ordinary person would consider to be closely
which results in the higher total payment to related to your business.
you.
M. Notice of Accident, Claim, Suit or Loss
a. We will apply each deductible to the loss
It is agreed that failure by any agent, servant, or
or "loss" for the coverage to which it
employee (except an executive officer, or
applies; or
individual designated by an executive officer to
b. We will add the amount of loss or "loss" give such notice) of the "insured" to notify us of
from all involved coverages and subtract any "accident," claim, "suit," or "loss" of which
from the total the larger or largest such person has knowledge shall not invalidate
applicable deductible. the insurance afforded by this Coverage Part as
4. This deductible provision does not apply to respects the Named Insured.
loss or "loss" caused by flood, windstorm or N. Hired Auto Changes
hail. Coverage territory is amended to be anywhere in
I. Bodily Injury Redefined the world for a "suit":
It is agreed and understood that the definition of 1. Involving a covered "auto" that is leased,
"bodily injury" (SECTION V) includes mental hired, rented or borrowed by the Named
anguish resulting from "bodily injury," sickness or Insured; and
disease to the person who sustained such "bodily 2. Brought against an "insured" for damages to
injury," sickness or disease. which this insurance applies;
J. Unintentional Failure to Disclose Hazards when such "suit" is brought in:
Failure of the insured to disclose all hazards a. The United States of America;
existing as of the inception date of the Coverage
Part shall not invalidate the insurance afforded by b. The territories and possessions of the
this Coverage Part if such failure or omission is United States of America;
not intentional. c. Puerto Rico; or
d. Canada.
Page 2 of 3 8-E-2419 Ed. 04-2017
O. Theft Expenses S. Waiver of Subrogation
Under the Loss Payment - Physical Damage The Transfer of Rights of Recovery Against
Coverage Loss Condition (SECTION IV), Others To Us Loss Condition is replaced by the
regardless of the option we select, it is agreed following:
and understood that in the event of a theft of a If the insured has rights to recover all or part of
covered "auto," we will pay those expenses any payment we have made under this policy,
incurred for the return of the covered "auto" to the those rights are transferred to us. The insured
Named Insured. must do nothing after loss to impair them. At our
P. Employees as Insureds request, the insured will bring suit or transfer
The following is added to the LIABILITY those rights to us and help us enforce them.
COVERAGE WHO IS AN INSURED provision: We waive any right of recovery we may have
Any employee of yours is an "insured" while using under such a transfer of rights against any person
a covered "auto" you don't own, hire or borrow in or organization holding a waiver under a written
your business or your personal affairs. contract with the insured if such contract was
executed prior to the loss which generated such
Q. Towing and Labor
right of recovery.
Under SECTION III - PHYSICAL DAMAGE
T. Additional Insured - By Contract, Agreement
COVERAGE, Towing is replaced by the following:
Or Permit
Towing and Labor
Under SECTION II - LIABILITY COVERAGE, the
We will pay up to the following limits for towing following is added to Who Is An Insured:
and labor costs incurred each time a covered
Any person or organization with whom you have
"auto" is disabled:
entered into a written contract, agreement or
a. $100 for a covered "auto" rated and classified permit requiring you to provide insurance such as
as a private passenger vehicle. is afforded by this Business Auto Coverage Form
b. $150 for a covered "auto" rated and classified is an "insured" for Liability Coverage, but only to
as a light, medium, heavy or extra-heavy the extent that such person or organization
truck. qualifies as an "insured" under the Who Is An
However, the labor must be performed at the Insured Provision.
place of disablement. U. Rental Reimbursement
R. Personal Effects 1. We will reimburse you for reasonable costs
The following is added to SECTION III - you incur for the rental of a substitute "auto"
PHYSICAL DAMAGE COVERAGE: that temporarily replaces a covered "auto"
Personal Effects described in the Declarations while such
"auto" is being repaired due to a "loss"
If you carry Comprehensive Coverage for the
covered under Comprehensive Coverage,
stolen covered "auto", we will pay up to $750 for
Specified Cause of Loss Coverage or
personal effects stolen with the auto.
Collision Coverage.
This insurance is excess over any other
collectible insurance and no deductible applies. 2. We will pay the lesser of:
a. The amount of actual and necessary
rental costs that you incur; or
b. A maximum of $5,000 for each "loss."
3. The Deductible provision does not apply to
this coverage.
8-E-2419 Ed. 04-2017 Page 3 of 3
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
COMMERCIAL LIABILITY UMBRELLA
CU 00 01 04 13
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or
Read the entire policy carefully to determine rights, perform acts or services is covered unless
duties and what is and is not covered. explicitly provided for under Supplementary
Throughout this policy the words "you" and "your" Payments - Coverages A and B.
refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or
and any other person or organization qualifying as a "property damage" that is subject to an
Named Insured under this policy. The words "we", "us" applicable "retained limit". If any other limit,
and "our" refer to the company providing this such as a sublimit, is specified in the
insurance. "underlying insurance", this insurance does not
The word "insured" means any person or organization apply to "bodily injury" or "property damage"
qualifying as such under Section II - Who Is An arising out of that exposure unless that limit is
Insured. specified in the Declarations under the
Other words and phrases that appear in quotation Schedule of "underlying insurance".
marks have special meaning. Refer to Section V - c. This insurance applies to "bodily injury" and
Definitions. "property damage" only if:
SECTION I - COVERAGES (1) The "bodily injury" or "property damage" is
COVERAGE A - BODILY INJURY AND PROPERTY caused by an "occurrence" that takes place
DAMAGE LIABILITY in the "coverage territory";
1. Insuring Agreement (2) The "bodily injury" or "property damage"
occurs during the policy period; and
a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed
"ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II - Who Is
limit" because of "bodily injury" or "property An Insured and no "employee" authorized
damage" to which this insurance applies. We
will have the right and duty to defend the by you to give or receive notice of an
insured against any "suit" seeking damages for "occurrence" or claim, knew that the "bodily
such "bodily injury" or "property damage" when injury" or "property damage" had occurred,
the "underlying insurance" does not provide in whole or in part. If such a listed insured
coverage or the limits of "underlying insurance" or authorized "employee" knew, prior to the
have been exhausted. When we have no duty to policy period, that the "bodily injury" or
defend, we will have the right to defend, or to "property damage" occurred, then any
participate in the defense of, the insured against continuation, change or resumption of such
any other "suit" seeking damages to which this "bodily injury" or "property damage" during
insurance may apply. However, we will have no or after the policy period will be deemed to
duty to defend the insured against any "suit" have been known prior to the policy period.
seeking damages for "bodily injury" or "property d. "Bodily injury" or "property damage" which
damage" to which this insurance does not occurs during the policy period and was not,
apply. At our discretion, we may investigate any prior to the policy period, known to have
"occurrence" that may involve this insurance occurred by any insured listed under
and settle any resultant claim or "suit" for which Paragraph 1.a. of Section II - Who Is An
we have the duty to defend. But: Insured or any "employee" authorized by you
(1) The amount we will pay for the "ultimate net to give or receive notice of an "occurrence" or
loss" is limited as described in Section III - claim, includes any continuation, change or
Limits Of Insurance; and resumption of that "bodily injury" or "property
damage" after the end of the policy period.
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B.
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 1 of 18
e. "Bodily injury" or "property damage" will be (b) Such attorneys’ fees and litigation
deemed to have been known to have occurred expenses are for defense of that party
at the earliest time when any insured listed against a civil or alternative dispute
under Paragraph 1.a. of Section II - Who Is An resolution proceeding in which damages
Insured or any "employee" authorized by you to which this insurance applies are
to give or receive notice of an "occurrence" or alleged.
claim: c. Liquor Liability
(1) Reports all, or any part, of the "bodily "Bodily injury" or "property damage" for which
injury" or "property damage" to us or any any insured may be held liable by reason of:
other insurer; (1) Causing or contributing to the intoxication
(2) Receives a written or verbal demand or of any person;
claim for damages because of the "bodily (2) The furnishing of alcoholic beverages to a
injury" or "property damage"; or person under the legal drinking age or
(3) Becomes aware by any other means that under the influence of alcohol; or
"bodily injury" or "property damage" has (3) Any statute, ordinance or regulation relating
occurred or has begun to occur. to the sale, gift, distribution or use of
f. Damages because of "bodily injury" include alcoholic beverages.
damages claimed by any person or This exclusion applies even if the claims
organization for care, loss of services or death against any insured allege negligence or other
resulting at any time from the "bodily injury". wrongdoing in:
2. Ex clusions (a) The supervision, hiring, employment,
T his insurance does not apply to: training or monitoring of others by that
a. Ex pected Or Intended Injury insured; or
"Bodily injury" or "property damage" expected (b) Providing or failing to provide
or intended from the standpoint of the insured. transportation with respect to any
This exclusion does not apply to "bodily injury" person that may be under the influence
resulting from the use of reasonable force to of alcohol;
protect persons or property. if the "occurrence" which caused the "bodily
b. Contractual Liability injury" or "property damage" involved that
which is described in Paragraph(1), (2) or (3)
"Bodily injury" or "property damage" for which above.
the insured is obligated to pay damages by
reason of the assumption of liability in a However, this exclusion applies only if you are
contract or agreement. This exclusion does not in the business of manufacturing, distributing,
apply to liability for damages: selling, serving or furnishing alcoholic
beverages. For the purposes of this exclusion,
(1) That the insured would have in the absence permitting a person to bring alcoholic
of the contract or agreement; or beverages on your premises, for consumption
(2) Assumed in a contract or agreement that is on your premises, whether or not a fee is
an "insured contract", provided the "bodily charged or a license is required for such
injury" or "property damage" occurs activity, is not by itself considered the business
subsequent to the execution of the contract of selling, serving or furnishing alcoholic
or agreement. Solely for the purposes of beverages.
liability assumed in an "insured contract", This exclusion does not apply to the extent that
reasonable attorneys’ fees and necessary valid "underlying insurance" for the liquor
litigation expenses incurred by or for a party liability risks described above exists or would
other than an insured are deemed to be have existed but for the exhaustion of
damages because of "bodily injury" or underlying limits for "bodily injury" and
"property damage", provided: "property damage". To the extent this exclusion
(a) Liability to such party for, or for the cost does not apply, the insurance provided under
of, that party’s defense has also been this Coverage Part for the liquor liability risks
assumed in the same "insured contract"; described above will follow the same
and provisions, exclusions and limitations that are
contained in the applicable "underlying
insurance", unless otherwise directed by this
insurance.
Page 2 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
d. Workers’ Compensation And Similar Laws This exclusion does not apply to the extent that
Any obligation of the insured under a workers’ valid "underlying insurance" for the employer’s
compensation, disability benefits or liability risks described above exists or would
unemployment compensation law or any similar have existed but for the exhaustion of
law. underlying limits for "bodily injury". To the
e. ERISA extent this exclusion does not apply, the
insurance provided under this Coverage Part
Any obligation of the insured under the for the employer’s liability risks described
Employee Retirement Income Security Act of above will follow the same provisions,
1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in
any similar federal, state or local statute. the applicable "underlying insurance", unless
f. Auto Coverages otherwise directed by this insurance.
(1) "Bodily injury" or "property damage" arising h. Employment-related Practices
out of the ownership, maintenance or use of "Bodily injury" to:
any "auto" which is not a "covered auto"; or
(1) A person arising out of any:
(2) Any loss, cost or expense payable under or (a) R ef usal to employ that person;
resulting from any first-party physical
damage coverage; no-fault law; personal (b) Termination of that person’s
injury protection or auto medical payments employment; or
coverage; or uninsured or underinsured (c) Employment-related practices, policies,
motorist law. acts or omissions, such as coercion,
g. Employer’s Liability demotion, evaluation, reassignment,
"Bodily injury" to: discipline, defamation, harassment,
humiliation, discrimination or malicious
(1) An "employee" of the insured arising out of prosecution directed at that person; or
and in the course of:
(a) Employment by the insured; or (2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
(b) Performing duties related to the conduct injury" to that person at whom any of the
of the insured’s business; or employment-related practices described in
(2) The spouse, child, parent, brother or sister Paragraph (a), (b), or (c) above is directed.
of that "employee" as a consequence of This exclusion applies whether the injury-
Paragraph (1) above. causing event described in Paragraph (a), (b)
This exclusion applies whether the insured may or (c) above occurs before employment, during
be liable as an employer or in any other employment or after employment of that
capacity, and to any obligation to share person.
damages with or repay someone else who must This exclusion applies whether the insured may
pay damages because of the injury. be liable as an employer or in any other
This exclusion does not apply to liability capacity, and to any obligation to share
assumed by the insured under an "insured damages with or repay someone else who
contract". must pay damages because of the injury.
With respect to injury arising out of a "covered i. Pollution
auto", this exclusion does not apply to "bodily (1) "Bodily injury" or "property damage" which
injury" to domestic "employees" not entitled to would not have occurred in whole or part
workers’ compensation benefits. For the but for the actual, alleged or threatened
purposes of this insurance, a domestic discharge, dispersal, seepage, migration,
"employee" is a person engaged in household release or escape of "pollutants" at any
or domestic work performed principally in time; or
connection with a residence premises. (2) "Pollution cost or expense".
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 3 of 18
This exclusion does not apply if valid (5) A ircraft that is:
"underlying insurance" for the pollution liability (a) Chartered by, loaned to, or hired by you
risks described above exists or would have with a paid crew; and
existed but for the exhaustion of underlying (b) Not owned by any insured.
limits for "bodily injury" and "property damage".
To the extent this exclusion does not apply, the k. Racing Activities
insurance provided under this Coverage Part "Bodily injury" or "property damage" arising out
for the pollution risks described above will of the use of "mobile equipment" or "autos" in,
follow the same provisions, exclusions and or while in practice for, or while being prepared
limitations that are contained in the applicable for, any prearranged professional or organized
"underlying insurance", unless otherwise racing, speed, demolition, or stunting activity
directed by this insurance. or contest.
j. Aircraft Or Watercraft l. War
"Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however
of the ownership, maintenance, use or caused, arising, directly or indirectly, out of:
entrustment to others of any aircraft or (1) W ar, including undeclared or civ il war;
watercraft owned or operated by or rented or (2) Warlike action by a military force, including
loaned to any insured. Use includes operation action in hindering or defending against an
and "loading or unloading". actual or expected attack, by any
This exclusion applies even if the claims against government, sovereign or other authority
any insured allege negligence or other using military personnel or other agents; or
wrongdoing in the supervision, hiring, (3) Insurrection, rebellion, revolution, usurped
employment, training or monitoring of others by power, or action taken by governmental
that insured, if the "occurrence" which caused authority in hindering or defending against
the "bodily injury" or "property damage" any of these.
involved the ownership, maintenance, use or m. Damage To Property
entrustment to others of any aircraft or
watercraft that is owned or operated by or "Property damage" to:
rented or loaned to any insured. (1) Property:
T his exclusion does not apply to: (a) You own, rent, or occupy, including any
(1) A watercraft while ashore on premises you costs or expenses incurred by you, or
own or rent; any other person, organization or entity,
(2) A watercraft you do not own that is: for repair, replacement, enhancement,
restoration or maintenance of such
(a) Less than 50 f eet long; and property for any reason, including
(b) Not being used to carry persons or prevention of injury to a person or
property for a charge; damage to another’s property; or
(3) Liability assumed under any "insured (b) Owned or transported by the insured
contract" for the ownership, maintenance or and arising out of the ownership,
use of aircraft or watercraft; maintenance or use of a "covered auto".
(4) The extent that valid "underlying insurance" (2) Premises you sell, give away or abandon, if
for the aircraft or watercraft liability risks the "property damage" arises out of any
described above exists or would have part of those premises;
existed but for the exhaustion of underlying (3) Property loaned to you;
limits for "bodily injury" or "property
damage". To the extent this exclusion does (4) Personal property in the care, custody or
not apply, the insurance provided under this control of the insured;
Coverage Part for the aircraft or watercraft (5) That particular part of real property on
risks described above will follow the same which you or any contractors or
provisions, exclusions and limitations that subcontractors working directly or indirectly
are contained in the "underlying insurance", on your behalf are performing operations, if
unless otherwise directed by this insurance; the "property damage" arises out of those
or operations; or
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(6) That particular part of any property that (3) "Impaired property";
must be restored, repaired or replaced if such product, work, or property is withdrawn
because "your work" was incorrectly or recalled from the market or from use by any
performed on it. person or organization because of a known or
Paragraph (2) of this exclusion does not apply if suspected defect, deficiency, inadequacy or
the premises are "your work" and were never dangerous condition in it.
occupied, rented or held for rental by you. r. Personal And Advertising Injury
Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and
exclusion do not apply to liability assumed advertising injury".
under a sidetrack agreement. s. Professional Services
Paragraphs (3) and (4) of this exclusion do not "Bodily injury" or "property damage" due to
apply to liability assumed under a written Trailer rendering of or failure to render any
Interchange agreement. professional service. This includes but is not
Paragraph (6) of this exclusion does not apply limited to:
to "property damage" included in the (1) Legal, accounting or adv ertising serv ices;
"products-completed operations hazard".
(2) Preparing, approving, or failing to prepare
n. Damage To Your Product or approve, maps, shop drawings,
"Property damage" to "your product" arising out opinions, reports, surveys, field orders,
of it or any part of it. change orders or drawings or
o. Damage To Your Work specifications;
"Property damage" to "your work" arising out of (3) Inspection, supervision, quality control,
it or any part of it and included in the architectural or engineering activities done
"products-completed operations hazard". by or for you on a project on which you
This exclusion does not apply if the damaged serve as construction manager;
work or the work out of which the damage (4) Engineering services, including related
arises was performed on your behalf by a supervisory or inspection services;
subcontractor. (5) Medical, surgical, dental, X-ray or nursing
p. Damage To Impaired Property Or Property services treatment, advice or instruction;
Not Physically Injured (6) Any health or therapeutic service treatment,
"Property damage" to "impaired property" or advice or instruction;
property that has not been physically injured, (7) Any service, treatment, advice or instruction
arising out of: for the purpose of appearance or skin
(1) A defect, deficiency, inadequacy or enhancement, hair removal or replacement,
dangerous condition in "your product" or or personal grooming or therapy;
"your work"; or (8) Any service, treatment, advice or instruction
(2) A delay or failure by you or anyone acting relating to physical fitness, including
on your behalf to perform a contract or service, treatment, advice or instruction in
agreement in accordance with its terms. connection with diet, cardiovascular fitness,
bodybuilding or physical training programs;
This exclusion does not apply to the loss of use
of other property arising out of sudden and (9) Optometry or optical or hearing aid services
accidental physical injury to "your product" or including the prescribing, preparation,
"your work" after it has been put to its intended fitting, demonstration or distribution of
use. ophthalmic lenses and similar products or
hearing aid devices;
q. Recall Of Products, Work Or Impaired
Property (10) Body piercing serv ices;
Damages claimed for any loss, cost or expense (11) S erv ices in the practice of pharmacy;
incurred by you or others for the loss of use, (12) Law enforcement or firefighting services;
withdrawal, recall, inspection, repair, and
replacement, adjustment, removal or disposal (13) Handling, embalming, disposal, burial,
of: cremation or disinterment of dead bodies.
(1) "Your product";
(2) "Your work"; or
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 5 of 18
This exclusion applies even if the claims against COVERAGE B - PERSONAL AND ADVERTISING
any insured allege negligence or other INJURY LIABILITY
wrongdoing in the supervision, hiring, 1. Insuring Agreement
employment, training or monitoring of others by a. We will pay on behalf of the insured the
that insured, if the "occurrence" which caused "ultimate net loss" in excess of the "retained
the "bodily injury" or "property damage", limit" because of "personal and advertising
involved the rendering of or failure to render injury" to which this insurance applies. We will
any professional service. have the right and duty to defend the insured
t. Electronic Data against any "suit" seeking damages for such
Damages arising out of the loss of, loss of use "personal and advertising injury" when the
of, damage to, corruption of, inability to access "underlying insurance" does not provide
or inability to manipulate electronic data. coverage or the limits of "underlying insurance"
However, this exclusion does not apply to have been exhausted. When we have no duty
liability for damages because of "bodily injury". to defend, we will have the right to defend, or to
As used in this exclusion, electronic data means participate in the defense of, the insured
information, facts or programs stored as or on, against any other "suit" seeking damages to
created or used on, or transmitted to or from which this insurance may apply. However, we
computer software, including systems and will have no duty to defend the insured against
applications software, hard or floppy disks, any "suit" seeking damages for "personal and
CD-ROMs, tapes, drives, cells, data processing advertising injury" to which this insurance does
devices or any other media which are used with not apply. At our discretion, we may investigate
electronically controlled equipment. any offense that may involve this insurance and
settle any resultant claim or "suit" for which we
This exclusion does not apply if valid have the duty to defend. But:
"underlying insurance" for the electronic data (1) The amount we will pay for the "ultimate net
risks described above exists or would have loss" is limited as described in Section III -
existed but for the exhaustion of underlying Limits Of Insurance; and
limits for "bodily injury" and "property damage".
The insurance provided under this Coverage (2) Our right and duty to defend end when we
Part will follow the same provisions, exclusions have used up the applicable limit of
and limitations that are contained in the insurance in the payment of judgments or
applicable "underlying insurance", unless settlements under Coverages A or B.
otherwise directed by this insurance. No other obligation or liability to pay sums or
u. Recording And Distribution Of Material Or perform acts or services is covered unless
Information In Violation Of Law explicitly provided for under Supplementary
"Bodily injury" or "property damage" arising Payments - Coverages A and B.
directly or indirectly out of any action or b. This insurance applies to "personal and
omission that violates or is alleged to violate: advertising injury" that is subject to an
(1) The Telephone Consumer Protection Act applicable "retained limit". If any other limit,
(TCPA), including any amendment of or such as a sublimit, is specified in the
addition to such law; "underlying insurance", this insurance does not
apply to "personal and advertising injury"
(2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is
amendment of or addition to such law; specified in the Declarations under the
(3) The Fair Credit Reporting Act (FCRA), and Schedule of "underlying insurance".
any amendment of or addition to such law, c. This insurance applies to "personal and
including the Fair and Accurate Credit advertising injury" caused by an offense arising
Transactions Act (FACTA); or out of your business but only if the offense was
(4) Any federal, state or local statute, ordinance committed in the "coverage territory" during the
or regulation, other than the TCPA, CAN- policy period.
SPAM Act of 2003 or FCRA and their
amendments and additions, that addresses,
prohibits, or limits the printing, dissemi-
nation, disposal, collecting, recording,
sending, transmitting, communicating or
distribution of material or information.
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2. Exclusions (9) Infringement Of Copyright, Patent,
T his insurance does not apply to: Trademark Or Trade Secret
a. "Personal and advertising injury": Arising out of the infringement of copyright,
(1) Knowing Violation Of Rights Of Another patent, trademark, trade secret or other
intellectual property rights. Under this
Caused by or at the direction of the insured exclusion, such other intellectual property
with the knowledge that the act would rights do not include the use of another’s
violate the rights of another and would inflict advertising idea in your "advertisement".
"personal and advertising injury".
However, this exclusion does not apply to
(2) Material Published With Knowledge Of infringement, in your "advertisement", of
Falsity copyright, trade dress or slogan.
Arising out of oral or written publication, in (10) Insureds In Media And Internet Type
any manner, of material, if done by or at the Businesses
direction of the insured with knowledge of its
falsity. Committed by an insured whose business
(3) Material Published Prior To Policy Period is:
Arising out of oral or written publication, in (a) Advertising, broadcasting, publishing or
any manner, of material whose first telecasting;
publication took place before the beginning (b) Designing or determining content of web
of the policy period. sites for others; or
(4) Criminal Acts (c) An Internet search, access, content or
Arising out of a criminal act committed by or service provider.
at the direction of the insured. However, this exclusion does not apply to
(5) Contractual Liability Paragraphs 14.a., b. and c. of "personal
and advertising injury" under the Definitions
For which the insured has assumed liability section.
in a contract or agreement. This exclusion For the purposes of this exclusion, the
does not apply to: placing of frames, borders or links, or
(a) Liability for damages that the insured advertising, for you or others anywhere on
would have in the absence of the the Internet, is not by itself, considered the
contract or agreement. business of advertising, broadcasting,
(b) Liability for false arrest, detention or publishing or telecasting.
imprisonment assumed in a contract or (11) Electronic Chatrooms Or Bulletin Boards
agreement. Arising out of an electronic chatroom or
(6) Breach Of Contract bulletin board the insured hosts, owns, or
Arising out of a breach of contract, except over which the insured exercises control.
an implied contract to use another’s (12) Unauthorized Use Of Another’s Name Or
advertising idea in your "advertisement". Product
(7) Quality Or Performance Of Goods - Arising out of the unauthorized use of
Failure To Conform To Statements another’s name or product in your e-mail
Arising out of the failure of goods, products address, domain name or metatag, or any
or services to conform with any statement of other similar tactics to mislead another’s
quality or performance made in your potential customers.
"advertisement". (13) Pollution
(8) Wrong Description Of Prices Arising out of the actual, alleged or
Arising out of the wrong description of the threatened discharge, dispersal, seepage,
price of goods, products or services stated migration, release or escape of "pollutants"
in your "advertisement". at any time.
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 7 of 18
(14) Employment-related Practices (f) Any health or therapeutic service
To: treatment, advice or instruction;
(a) A person arising out of any: (g) Any service, treatment, advice or
(i) R ef usal to employ that person; instruction for the purpose of
appearance or skin enhancement, hair
(ii) Termination of that person’s removal or replacement, or personal
employment; or grooming or therapy;
(iii) Employment-related practices, poli- (h) Any service, treatment, advice or
cies, acts or omissions, such as instruction relating to physical fitness,
coercion, demotion, evaluation, including service, treatment, advice or
reassignment, discipline, defamation, instruction in connection with diet,
harassment, humiliation, discrimi- cardiovascular fitness, bodybuilding or
nation or malicious prosecution physical training programs;
directed at that person; or
(i) Optometry or optical or hearing aid
(b) The spouse, child, parent, brother or services including the prescribing,
sister of that person as a consequence of preparation, fitting, demonstration or
"personal and advertising injury" to that distribution of ophthalmic lenses and
person at whom any of the similar products or hearing aid devices;
employment-related practices described (j) Body piercing serv ices;
in Paragraph (i), (ii) or (iii) above is
directed. (k) S erv ices in the practice of pharmacy;
This exclusion applies whether the injury- (l) Law enforcement or firefighting services;
causing event described in Paragraph (i), and
(ii) or (iii) above occurs before employment, (m) Handling, embalming, disposal, burial,
during employment or after employment of cremation or disinterment of dead
that person. bodies.
This exclusion applies whether the insured This exclusion applies even if the claims
may be liable as an employer or in any against any insured allege negligence or
other capacity, and to any obligation to other wrongdoing in the supervision, hiring,
share damages with or repay someone else employment, training or monitoring of
who must pay damages because of the others by that insured, if the offense which
injury. caused the "personal and advertising
(15) Professional Services injury", involved the rendering of or failure
Arising out of the rendering of or failure to to render any professional service.
render any professional service. This (16) War
includes but is not limited to: However caused, arising, directly or
(a) Legal, accounting or advertising services; indirectly, out of:
(a) W ar, including undeclared or civ il war;
(b) Preparing, approving, or failing to (b) Warlike action by a military force,
prepare or approve, maps, shop including action in hindering or
drawings, opinions, reports, surveys, defending against an actual or expected
field orders, change orders or drawings attack, by any government, sovereign or
or specifications; other authority using military personnel
(c) Inspection, supervision, quality control, or other agents; or
architectural or engineering activities (c) Insurrection, rebellion, revolution,
done by or for you on a project on which usurped power, or action taken by
you serve as construction manager; governmental authority in hindering or
(d) Engineering services, including related defending against any of these.
supervisory or inspection services;
(e) Medical, surgical, dental, X-ray or
nursing services treatment, advice or
instruction;
Page 8 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
(17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the
Information In Violation Of Law insured on that part of the judgment we pay. If
Arising directly or indirectly out of any we make an offer to pay the applicable limit of
action or omission that violates or is alleged insurance, we will not pay any prejudgment
to violate: interest based on that period of time after the
(a) The Telephone Consumer Protection Act offer.
(TCPA), including any amendment of or g. All interest on the full amount of any judgment
addition to such law; that accrues after entry of the judgment and
(b) The CAN-SPAM Act of 2003, including before we have paid, offered to pay, or
any amendment of or addition to such deposited in court the part of the judgment that
law; is within the applicable limit of insurance.
(c) The Fair Credit Reporting Act (FCRA), These payments will not reduce the limits of
and any amendment of or addition to insurance.
such law, including the Fair and Accurate 2. When we have the right but not the duty to defend
Credit Transactions Act (FACTA); or the insured and elect to participate in the defense,
we will pay our own expenses but will not
(d) Any federal, state or local statute, contribute to the expenses of the insured or the
ordinance or regulation, other than the "underlying insurer".
TCPA, CAN-SPAM Act of 2003 or FCRA 3. If we defend an insured against a "suit" and an
and their amendments and additions, indemnitee of the insured is also named as a party
that addresses, prohibits, or limits the to the "suit", we will defend that indemnitee if all of
printing, dissemination, disposal, collect- the following conditions are met:
ing, recording, sending, transmitting, a. The "suit" against the indemnitee seeks
communicating or distribution of material damages for which the insured has assumed
or information. the liability of the indemnitee in a contract or
b. "Pollution cost or expense". agreement that is an "insured contract";
SUPPLEMENTARY PAYMENTS - COVERAGES A b. This insurance applies to such liability
AND B assumed by the insured;
1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the
investigate or settle, or any "suit" against an defense of, that indemnitee, has also been
insured we defend, when the duty to defend exists: assumed by the insured in the same "insured
a. A ll expenses we incur. contract";
b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information
bonds for related traffic law violations) required we know about the "occurrence" are such that
because of an "occurrence" we cover. We do no conflict appears to exist between the
not have to furnish these bonds. interests of the insured and the interests of the
indemnitee;
c. The cost of bonds to release attachments, but e. The indemnitee and the insured ask us to
only for bond amounts within the applicable conduct and control the defense of that
limit of insurance. We do not have to furnish indemnitee against such "suit" and agree that
these bonds. we can assign the same counsel to defend the
d. All reasonable expenses incurred by the insured insured and the indemnitee; and
at our request to assist us in the investigation or
defense of the claim or "suit", including actual f. T he indemnitee:
loss of earnings up to $250 a day because of (1) A grees in writing to:
time off from work. (a) Cooperate with us in the investigation,
e. All court costs taxed against the insured in the settlement or defense of the "suit";
"suit". However, these payments do not include (b) Immediately send us copies of any
attorneys’ fees or attorneys’ expenses taxed demands, notices, summonses or legal
against the insured. papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 9 of 18
(d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees
coordinating other applicable insurance are also insureds, but only with respect to
available to the indemnitee; and their duties as trustees.
(2) Provides us with written authorization to: b. Each of the f ollowing is also an insured:
(a) Obtain records and other information (1) Your "volunteer workers" only while
related to the "suit"; and performing duties related to the conduct of
(b) Conduct and control the defense of the your business, or your "employees", other
indemnitee in such "suit". than either your "executive officers" (if you
So long as the above conditions are met, are an organization other than a
attorneys’ fees incurred by us in the defense of that partnership, joint venture or limited liability
indemnitee, necessary litigation expenses incurred company) or your managers (if you are a
by us and necessary litigation expenses incurred limited liability company), but only for acts
by the indemnitee at our request will be paid as within the scope of their employment by
Supplementary Payments. Notwithstanding the you or while performing duties related to
provisions of Paragraph 2.b.(2) of Section I - the conduct of your business. However,
Coverage A - Bodily Injury And Property Damage none of these "employees" or "volunteer
Liability, such payments will not be deemed to be workers" are insureds for:
damages for "bodily injury" and "property damage" (a) "Bodily injury" or "personal and
and will not reduce the limits of insurance. advertising injury":
Our obligation to defend an insured’s indemnitee (i) To you, to your partners or members
and to pay for attorneys’ fees and necessary (if you are a partnership or joint
litigation expenses as Supplementary Payments venture), to your members (if you are
ends when we have used up the applicable limit of a limited liability company), to a
insurance in the payment of judgments or co-"employee" in the course of his or
settlements or the conditions set forth above, or the her employment or performing duties
terms of the agreement described in Paragraph f. related to the conduct of your
above, are no longer met. business or to your other "volunteer
workers" while performing duties
SECTION II - WHO IS AN INSURED related to the conduct of your
1. Except for liability arising out of the ownership, business;
maintenance or use of "covered autos": (ii) To the spouse, child, parent, brother
a. If you are designated in the Declarations as: or sister of that co-"employee" or
(1) An individual, you and your spouse are "volunteer worker" as a consequence
insureds, but only with respect to the of Paragraph (a)(i) above; or
conduct of a business of which you are the (iii) For which there is any obligation to
sole owner. share damages with or repay
(2) A partnership or joint venture, you are an someone else who must pay
insured. Your members, your partners, and damages because of the injury
their spouses are also insureds, but only described in Paragraph (a)(i) or (ii)
with respect to the conduct of your above.
business. (b) "Property damage" to property:
(3) A limited liability company, you are an (i) Owned, occupied or used by
insured. Your members are also insureds, ;
(ii) Rented to, in the care, custody or
but only with respect to the conduct of your control of, or over which physical
business. Your managers are insureds, but control is being exercised for any
only with respect to their duties as your purpose by;
managers.
(4) An organization other than a partnership, you, any of your "employees", "volunteer
joint venture or limited liability company, workers", any partner or member (if you
you are an insured. Your "executive officers" are a partnership or joint venture), or
and directors are insureds, but only with any member (if you are a limited liability
respect to their duties as your officers or company).
directors. Your stockholders are also (2) Any person (other than your "employee" or
insureds, but only with respect to their "volunteer worker"), or any organization
liability as stockholders. while acting as your real estate manager.
Page 10 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
(3) Any person or organization having proper (4) Anyone other than your "employees",
temporary custody of your property if you partners (if you are a partnership), members
die, but only: (if you are a limited liability company), or a
(a) With respect to liability arising out of lessee or borrower or any of their
the maintenance or use of that "employees", while moving property to or
property; and from a "covered auto".
(b) Until your legal representative has been (5) A partner (if you are a partnership), or a
appointed. member (if you are a limited liability
(4) Your legal representative if you die, but company) for a "covered auto" owned by him
only with respect to duties as such. That or her or a member of his or her household.
representative will have all your rights and (6) "Employees" with respect to "bodily injury" to:
duties under this Coverage Part. (a) Any fellow "employee" of the insured
c. Any organization you newly acquire or form, arising out of and in the course of the
other than a partnership, joint venture or fellow "employee’s" employment or while
limited liability company, and over which you performing duties related to the conduct
maintain ownership or majority interest, will of your business; or
qualify as a Named Insured if there is no other (b) The spouse, child, parent, brother or
similar insurance available to that sister of that fellow "employee" as a
organization. However: consequence of Paragraph (a) above.
(1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured
only until the 90th day after you acquire or described above is also an insured, but only to
form the organization or the end of the the extent of that liability.
policy period, whichever is earlier;
(2) Coverage A does not apply to "bodily 3. Any additional insured under any policy of
injury" or "property damage" that occurred "underlying insurance" will automatically be an
before you acquired or formed the insured under this insurance.
organization; and Subject to Section III - Limits Of Insurance, if
(3) Coverage B does not apply to "personal coverage provided to the additional insured is
and advertising injury" arising out of an required by a contract or agreement, the most we
offense committed before you acquired or will pay on behalf of the additional insured is the
formed the organization. amount of insurance:
2. Only with respect to liability arising out of the a. Required by the contract or agreement, less any
ownership, maintenance or use of "covered amounts payable by any "underlying insurance";
autos": or
a. Y ou are an insured. b. Available under the applicable Limits of
Insurance shown in the Declarations;
b. Anyone else while using with your permission whichever is less.
a "covered auto" you own, hire or borrow is
also an insured except: Additional insured coverage provided by this
(1) The owner or anyone else from whom you insurance will not be broader than coverage
hire or borrow a "covered auto". This provided by the "underlying insurance".
exception does not apply if the "covered No person or organization is an insured with respect to
auto" is a trailer or semitrailer connected to the conduct of any current or past partnership, joint
a "covered auto" you own. venture or limited liability company that is not shown as
(2) Your "employee" if the "covered auto" is a Named Insured in the Declarations.
owned by that "employee" or a member of
his or her household.
(3) Someone using a "covered auto" while he
or she is working in a business of selling,
servicing, repairing, parking or storing
"autos" unless that business is yours.
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 11 of 18
SECTION III - LIMITS OF INSURANCE SECTION IV - CONDITIONS
1. The Limits of Insurance shown in the Declarations 1. Appeals
and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to
regardless of the number of: appeal a judgment in excess of the "retained limit",
a. Insureds; we may do so at our own expense. We will also
b. Claims made, "suits" brought, or number of pay for taxable court costs, pre- and postjudgment
vehicles involved; or interest and disbursements associated with such
c. Persons or organizations making claims or appeal. In no event will this provision increase our
bringing "suits". liability beyond the applicable Limits of Insurance
described in Section III - Limits Of Insurance.
2. The Aggregate Limit is the most we will pay for
the sum of all "ultimate net loss" under: 2. Bankruptcy
a. Coverage A, except "ultimate net loss" a. Bankruptcy Of Insured
because of "bodily injury" or "property Bankruptcy or insolvency of the insured or of
damage" arising out of the ownership, the insured’s estate will not relieve us of our
maintenance or use of a "covered auto"; and obligations under this Coverage Part.
b. Coverage B. b. Bankruptcy Of Underlying Insurer
3. Subject to Paragraph 2. above, the Each Bankruptcy or insolvency of the "underlying
Occurrence Limit is the most we will pay for the insurer" will not relieve us of our obligations
sum of all "ultimate net loss" under Coverage A under this Coverage Part.
because of all "bodily injury" and "property However, this insurance will not replace the
damage" arising out of any one "occurrence". "underlying insurance" in the event of bankruptcy
4. Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer". This
Advertising Injury Limit is the most we will pay insurance will apply as if the "underlying
under Coverage B for the sum of all "ultimate net insurance" were in full effect.
loss" because of all "personal and advertising 3. Duties In The Event Of Occurrence, Offense,
injury" sustained by any one person or Claim Or Suit
organization. a. You must see to it that we are notified as soon
5. If there is "underlying insurance" with a policy as practicable of an "occurrence" or an offense,
period that is nonconcurrent with the policy regardless of the amount, which may result in a
period of this Commercial Liability Umbrella claim. To the extent possible, notice should
Coverage Part, the "retained limit(s)" will only be include:
reduced or exhausted by payments for: (1) How, when and where the "occurrence" or
a. "Bodily injury" or "property damage" which offense took place;
occurs during the policy period of this (2) The names and addresses of any injured
Coverage Part; or persons and witnesses; and
b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or
that are committed during the policy period of damage arising out of the "occurrence" or
this Coverage Part. offense.
However, if any "underlying insurance" is written b. If a claim is made or "suit" is brought against
on a claims-made basis, the "retained limit(s)" will any insured, you must:
only be reduced or exhausted by claims for that
insurance that are made during the policy period, (1) Immediately record the specifics of the
or any Extended Reporting Period, of this claim or "suit" and the date received; and
Coverage Part. (2) Notify us as soon as practicable.
The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written notice
above, applies separately to each consecutive of the claim or "suit" as soon as practicable.
annual period and to any remaining period of less
than 12 months, starting with the beginning of the c. Y ou and any other inv olv ed insured must:
policy period shown in the Declarations, unless the (1) Immediately send us copies of any
policy period is extended after issuance for an demands, notices, summonses or legal
additional period of less than 12 months. In that papers received in connection with the
case, the additional period will be deemed part of the claim or "suit";
last preceding period for purposes of determining
the Limits of Insurance.
Page 12 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
(2) Authorize us to obtain records and other (2) The total of all deductible and self-insured
information; amounts under all that other insurance.
(3) Cooperate with us in the investigation or 6. Premium Audit
settlement of the claim or defense against a. We will compute all premiums for this Coverage
the "suit"; and Part in accordance with our rules and rates.
(4) Assist us, upon our request, in the
enforcement of any right against any b. Premium shown in this Coverage Part as
person or organization which may be advance premium is a deposit premium only.
liable to the insured because of injury or At the close of each audit period we will
damage to which this insurance may also compute the earned premium for that period
apply. and send notice to the first Named Insured.
d. No insured will, except at that insured’s own The due date for audit and retrospective
cost, voluntarily make a payment, assume any premiums is the date shown as the due date on
obligation, or incur any expense, other than the bill. If the sum of the advance and audit
for first aid, without our consent. premiums paid for the policy period is greater
4. Legal Action Against Us than the earned premium, we will return the
No person or organization has a right under this excess to the first Named Insured.
Coverage Part: c. The first Named Insured must keep records of
a. To join us as a party or otherwise bring us into the information we need for premium
a "suit" asking for damages from an insured; computation, and send us copies at such times
or as we may request.
b. To sue us on this Coverage Part unless all of 7. Representations Or Fraud
its terms have been fully complied with. By accepting this policy, you agree:
A person or organization may sue us to recover a. The statements in the Declarations are
on an agreed settlement or on a final judgment accurate and complete;
against an insured; but we will not be liable for b. Those statements are based upon
damages that are not payable under the terms of representations you made to us;
this Coverage Part or that are in excess of the c. We have issued this policy in reliance upon
applicable limit of insurance. An agreed your representations; and
settlement means a settlement and release of d. This policy is void in any case of fraud by you
liability signed by us, the insured and the as it relates to this policy or any claim under
claimant or the claimant’s legal representative. this policy.
5. Other Insurance 8. Separation Of Insureds
a. This insurance is excess over, and shall not Except with respect to the Limits of Insurance, and
contribute with any of the other insurance, any rights or duties specifically assigned in this
whether primary, excess, contingent or on any Coverage Part to the first Named Insured, this
other basis. This condition will not apply to insurance applies:
insurance specifically written as excess over
this Coverage Part. a. As if each Named Insured were the only
When this insurance is excess, we will have no Named Insured; and
duty under Coverages A or B to defend the b. Separately to each insured against whom claim
insured against any "suit" if any other insurer is made or "suit" is brought.
has a duty to defend the insured against that 9. Transfer Of Rights Of Recovery Against Others
"suit". If no other insurer defends, we will To Us
undertake to do so, but we will be entitled to If the insured has rights to recover all or part of
the insured’s rights against all those other any payment we have made under this Coverage
insurers. Part, those rights are transferred to us. The
b. When this insurance is excess over other insured must do nothing after loss to impair them.
insurance, we will pay only our share of the At our request, the insured will bring "suit" or
"ultimate net loss" that exceeds the sum of: transfer those rights to us and help us enforce
(1) The total amount that all such other them.
insurance would pay for the loss in the
absence of the insurance provided under
this Coverage Part; and
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 13 of 18
10. When We Do Not Renew 14. Ex panded Coverage Territory
If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage
will mail or deliver to the first Named Insured territory" that is outside the United States of
shown in the Declarations written notice of the America (including its territories and
nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we
expiration date. are prevented by law, or otherwise, from
If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a
proof of notice. defense of the "suit". We will reimburse the
11. Loss Payable insured, under Supplementary Payments, for
any reasonable and necessary expenses
Liability under this Coverage Part does not apply to incurred for the defense of a "suit" seeking
a given claim unless and until: damages to which this insurance applies, that
a. The insured or insured’s "underlying insurer" we would have paid had we been able to
has become obligated to pay the "retained exercise our right and duty to defend.
limit"; and If the insured becomes legally obligated to pay
b. The obligation of the insured to pay the sums because of damages to which this
"ultimate net loss" in excess of the "retained insurance applies in a part of the "coverage
limit" has been determined by a final settlement territory" that is outside the United States of
or judgment or written agreement among the America (including its territories and
insured, claimant and us. possessions), Puerto Rico or Canada, and we
12. Transfer Of Defense are prevented by law, or otherwise, from
When the underlying limits of insurance have been paying such sums on the insured’s behalf, we
used up in the payment of judgments or will reimburse the insured for such sums.
settlements, the duty to defend will be transferred b. payments or reimbursements we make for
All
to us. We will cooperate in the transfer of control to damages because of judgments or settlements
us of any outstanding claims or "suits" seeking will be made in U.S. currency at the prevailing
damages to which this insurance applies which exchange rate at the time the insured became
would have been covered by the "underlying legally obligated to pay such sums. All
insurance" had the applicable limit not been used payments or reimbursements we make for
up. expenses under Supplementary Payments will
13. Maintenance Of / Changes To Underlying be made in U.S. currency at the prevailing
Insurance exchange rate at the time the expenses were
Any "underlying insurance" must be maintained in incurred.
full effect without reduction of coverage or limits c. Any disputes between you and us as to
except for the reduction of the aggregate limit in whether there is coverage under this policy
accordance with the provisions of such "underlying must be filed in the courts of the United States
insurance" that results from payment of claims, of America (including its territories and
settlement or judgments to which this insurance possessions), Canada or Puerto Rico.
applies. d. The insured must fully maintain any coverage
Such exhaustion or reduction is not a failure to required by law, regulation or other
maintain "underlying insurance". Failure to governmental authority during the policy
maintain "underlying insurance" will not invalidate period, except for reduction of the aggregate
insurance provided under this Coverage Part, but limits due to payments of claims, judgments or
insurance provided under this Coverage Part will settlements.
apply as if the "underlying insurance" were in full Failure to maintain such coverage required by
effect. law, regulation or other governmental authority
If there is an increase in the scope of coverage of will not invalidate this insurance. However, this
any "underlying insurance" during the term of this insurance will apply as if the required coverage
policy, our liability will be no more than it would by law, regulation or other governmental
have been if there had been no such increase. authority was in full effect.
You must notify us in writing, as soon as
practicable, if any "underlying insurance" is
cancelled, not renewed, replaced or otherwise
terminated, or if the limits or scope of coverage of
any "underlying insurance" is changed.
Page 14 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
SECTION V - DEFINITIONS if such property can be restored to use by the
1. "Advertisement" means a notice that is broadcast repair, replacement, adjustment or removal of
or published to the general public or specific "your product" or "your work", or your fulfilling the
market segments about your goods, products or terms of the contract or agreement.
services for the purpose of attracting customers 9. "Insured contract" means:
or supporters. For the purposes of this definition: a. A contract for a lease of premises. However,
a. Notices that are published include material that portion of the contract for a lease of
placed on the Internet or on similar electronic premises that indemnifies any person or
means of communication; and organization for damage by fire to premises
b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by
site that is about your goods, products or you with permission of the owner is not an
services for the purposes of attracting "insured contract";
customers or supporters is considered an b. A sidetrack agreement;
advertisement. c. Any easement or license agreement, except in
2. "Auto" means: connection with construction or demolition
a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad;
designed for travel on public roads, including d. An obligation, as required by ordinance, to
any attached machinery or equipment; or indemnify a municipality, except in connection
b. Any other land vehicle that is subject to a with work for a municipality;
compulsory or financial responsibility law or e. An elevator maintenance agreement;
other motor vehicle insurance law where it is f. That part of any contract or agreement entered
licensed or principally garaged. into, as part of your business, pertaining to the
However, "auto" does not include "mobile rental or lease, by you or any of your
equipment". "employees", of any "auto". However, such
3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered
sickness or disease sustained by a person, an "insured contract" to the extent that it
including death resulting from any of these at any obligates you or any of your "employees" to
time. "Bodily injury" includes mental anguish or pay for "property damage" to any "auto" rented
other mental injury resulting from "bodily injury". or leased by you or any of your "employees".
4. "Coverage territory" means anywhere in the world g. That part of any other contract or agreement
with the exception of any country or jurisdiction pertaining to your business (including an
which is subject to trade or other economic indemnification of a municipality in connection
sanction or embargo by the United States of with work performed for a municipality) under
America. which you assume the tort liability of another
party to pay for "bodily injury" or "property
5. "Covered auto" means only those "autos" to which damage" to a third person or organization. Tort
"underlying insurance" applies. liability means a liability that would be imposed
6. "Employee" includes a "leased worker". by law in the absence of any contract or
"Employee" does not include a "temporary agreement.
worker". Paragraphs f. and g. do not include that part of
7. "Executive officer" means a person holding any of any contract or agreement:
the officer positions created by your charter, (1) That indemnifies a railroad for "bodily
constitution, bylaws or any other similar injury" or "property damage" arising out of
governing document. construction or demolition operations,
8. "Impaired property" means tangible property, within 50 feet of any railroad property and
other than "your product" or "your work", that affecting any railroad bridge or trestle,
cannot be used or is less useful because: tracks, road-beds, tunnel, underpass or
a. It incorporates "your product" or "your work" crossing;
that is known or thought to be defective, (2) That pertains to the loan, lease or rental of
deficient, inadequate or dangerous; or an "auto" to you or any of your "employees",
b. You have failed to fulfill the terms of a contract if the "auto" is loaned, leased or rented with
or agreement; a driver; or
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 15 of 18
(3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c.
engaged in the business of transporting or d. above maintained primarily for purposes
property by "auto" for hire harmless for your other than the transportation of persons or
use of a "covered auto" over a route or cargo.
territory that person or organization is However, self-propelled vehicles with the
authorized to serve by public authority. following types of permanently attached
10. "Leased worker" means a person leased to you by equipment are not "mobile equipment" but will
a labor leasing firm under an agreement between be considered "autos":
you and the labor leasing firm, to perform duties (1) Equipment designed primarily f or:
related to the conduct of your business. "Leased (a) S now remov al;
worker" does not include a "temporary worker".
11. "Loading or unloading" means the handling of (b) Road maintenance, but not construction
property: or resurfacing; or
a. After it is moved from the place where it is (c) S treet cleaning;
accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted
watercraft or "auto"; on automobile or truck chassis and used to
raise or lower workers; and
b. While it is in or on an aircraft, watercraft or
"auto"; or (3) Air compressors, pumps and generators,
including spraying, welding, building
c. While it is being moved from an aircraft, cleaning, geophysical exploration, lighting
watercraft or "auto" to the place where it is and well servicing equipment.
finally delivered; However, "mobile equipment" does not include
but "loading or unloading" does not include the land vehicles that are subject to a compulsory
movement of property by means of a mechanical or financial responsibility law or other motor
device, other than a hand truck, that is not vehicle insurance law where it is licensed or
attached to the aircraft, watercraft or "auto". principally garaged. Land vehicles subject to a
12. "Mobile equipment" means any of the following compulsory or financial responsibility law or
types of land vehicles, including any attached other motor vehicle insurance law are
machinery or equipment: considered "autos".
a. Bulldozers, farm machinery, forklifts and other 13. "Occurrence" means an accident, including
vehicles designed for use principally off public continuous or repeated exposure to substantially
roads; the same general harmful conditions.
b. Vehicles maintained for use solely on or next to 14. "Personal and advertising injury" means injury,
premises you own or rent; including consequential"bodily injury", arising out
c. V ehicles that trav el on crawler treads; of one or more of the following offenses:
d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment;
maintained primarily to provide mobility to b. Malicious prosecution;
permanently mounted: c. The wrongful eviction from, wrongful entry into,
(1) Power cranes, shovels, loaders, diggers or or invasion of the right of private occupancy of
drills; or a room, dwelling or premises that a person
(2) Road construction or resurfacing equipment occupies, committed by or on behalf of its
such as graders, scrapers or rollers; owner, landlord or lessor;
e. Vehicles not described in Paragraph a., b., c. d. Oral or written publication, in any manner, of
or d. above that are not self-propelled and are material that slanders or libels a person or
maintained primarily to provide mobility to organization or disparages a person’s or
permanently attached equipment of the organization’s goods, products or services;
following types: e. Oral or written publication, in any manner, of
(1) Air compressors, pumps and generators, material that violates a person’s right of
including spraying, welding, building privacy;
cleaning, geophysical exploration, lighting f. The use of another’s advertising idea in your
and well servicing equipment; or "advertisement"; or
(2) Cherry pickers and similar devices used to g. Infringing upon another’s copyright, trade
raise or lower workers; dress or slogan in your "advertisement".
Page 16 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
15. "Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled
thermal irritant or contaminant, including smoke, equipment or abandoned or unused
vapor, soot, fumes, acids, alkalis, chemicals and materials.
waste. Waste includes materials to be recycled, 18. "Property damage" means:
reconditioned or reclaimed. a. Physical injury to tangible property, including
16. "Pollution cost or expense" means any loss, cost or all resulting loss of use of that property. All
expense arising out of any: such loss of use shall be deemed to occur at
a. Request, demand, order or statutory or the time of the physical injury that caused it; or
regulatory requirement that any insured or b. Loss of use of tangible property that is not
others test for, monitor, clean up, remove, physically injured. All such loss of use shall be
contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the
way respond to, or assess the effects of, "occurrence" that caused it.
"pollutants"; or With respect to the ownership, maintenance or use
b. Claim or suit by or on behalf of a governmental of "covered autos", property damage also includes
authority for damages because of testing for, "pollution cost or expense", but only to the extent
monitoring, cleaning up, removing, containing, that coverage exists under the "underlying
treating, detoxifying or neutralizing, or in any insurance" or would have existed but for the
way responding to, or assessing the effects of, exhaustion of the underlying limits.
"pollutants". For the purposes of this insurance,with respect to
17. "Products-completed operations hazard": other than the ownership, maintenance or use of
a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible
damage" occurring away from premises you property.
own or rent and arising out of "your product" or As used in this definition, electronic data means
"your work" except: information, facts or programs stored as or on,
(1) Products that are still in your physical created or used on, or transmitted to or from
possession; or computer software (including systems and
(2) Work that has not yet been completed or applications software), hard or floppy disks, CD-
abandoned. However, "your work" will be ROMs, tapes, drives, cells, data processing
deemed completed at the earliest of the devices or any other media which are used with
following times: electronically controlled equipment.
(a) When all of the work called for in your 19. "Retained limit" means the available limits of
contract has been completed. "underlying insurance" scheduled in the
(b) When all of the work to be done at the Declarations or the "self-insured retention",
job site has been completed if your whichever applies.
contract calls for work at more than one 20. "Self-insured retention" means the dollar amount
job site. listed in the Declarations that will be paid by the
insured before this insurance becomes applicable
(c) When that part of the work done at a job only with respect to "occurrences" or offenses not
site has been put to its intended use by covered by the "underlying insurance". The "self-
any person or organization other than insured retention" does not apply to "occurrences"
another contractor or subcontractor or offenses which would have been covered by
working on the same project. "underlying insurance" but for the exhaustion of
Work that may need service, maintenance, applicable limits.
correction, repair or replacement, but which 21. "Suit" means a civil proceeding in which damages
is otherwise complete, will be treated as because of "bodily injury", "property damage" or
completed. "personal and advertising injury" to which this
b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit" includes:
damage" arising out of:
a. An arbitration proceeding in which such
(1) The transportation of property, unless the damages are claimed and to which the insured
injury or damage arises out of a condition in must submit or does submit with our consent;
or on a vehicle not owned or operated by or
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured; or
CU 00 01 04 13 Copyright Insurance Services Office, Inc., 2012 Page 17 of 18
b. Any other alternative dispute resolution b. Includes:
proceeding in which such damages are claimed (1) Warranties or representations made at any
and to which the insured submits with our time with respect to the fitness, quality,
consent or the "underlying insurer’s" consent. durability, performance or use of "your
22. "Temporary worker" means a person who is product"; and
furnished to you to substitute for a permanent (2) The providing of or failure to provide
"employee" on leave or to meet seasonal or short- warnings or instructions.
term workload conditions. c. Does not include vending machines or other
23. "Ultimate net loss" means the total sum, after property rented to or located for the use of
reduction for recoveries or salvages collectible, that others but not sold.
the insured becomes legally obligated to pay as 28. "Your work":
damages by reason of settlement or judgments or
any arbitration or other alternate dispute method a. Means:
entered into with our consent or the "underlying (1) Work or operations performed by you or on
insurer’s" consent. your behalf; and
24. "Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in
insurance listed in the Declarations under the connection with such work or operations.
Schedule of "underlying insurance". b. Includes:
25. "Underlying insurer" means any insurer who (1) Warranties or representations made at any
provides any policy of insurance listed in the time with respect to the fitness, quality,
Schedule of "underlying insurance". durability, performance or use of "your
26. "Volunteer worker" means a person who is not your work"; and
"employee", and who donates his or her work and (2) The providing of or failure to provide
acts at the direction of and within the scope of warnings or instructions.
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
27. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) Y ou;
(b) Others trading under your name; or
(c) A person or organization whose business
or assets you have acquired; and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
Page 18 of 18 Copyright Insurance S erv ices Office, Inc., 2012 CU 00 01 04 13
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 for whom the Named Insured has agreed by written contract to furnish this
waiver
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 Policy No. Endorsement No.
Insured 5736323 Premium
CLARK MAINTENANCE & SUPPLIES, INC.
Insurance Company Countersigned by ________________________________________________
Republic Franklin Insurance Company
WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.