DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT ("Agreement") is entered into this 21st day of June, 2022 ("Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation (the "City"), and Alameda Sun, a California corporation, whose address is 3215 J Encinal Avenue, Alameda, CA 94501 (the "Provider"), in reference to the following facts and circumstances:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Legal Notices Publication. City staff issued a Request for Bids on April 11, 2022 and after a submittal period of 14 days received two timely submitted proposals. Staff reviewed the proposals and selected the service provider that best meets the City's needs.
C. City and Provider desire to enter into an agreement upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
TERM:
The term of this Agreement shall commence on the 215 day of June 2022, and shall terminate on the 30" day of June 2023, unless terminated earlier as set forth herein.
SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. The Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
In consideration of the faithful performance by the Publisher of the agreements hereinabove set forth, the City hereby agrees to pay for said advertising and publication at the following rates, to wit:
Per column inch, 6.0 point type
Price per column inch for 1s* insertion.... .. $15
Price per column inch for 2ºd insertion.... ... $12
Price per column inch for 3d insertion.... ... $11
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 The submission deadline for ads shall not exceed 4 days from date of publication (excluding holiday periods). In-column notices: Wednesday, 10:00 a.m. Display notices: Monday, 12:00 Noon.
TIME IS OF THE ESSENCE:
Provider and City agree that time is of the essence regarding the performance of this Agreement.
STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with City's policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Provider nor Provider's employee, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. Provider shall indemnify, defend, and hold harmless the City, its City Council, boards, commissions, officials, employees, and volunteers ("Indemnitees") from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (Claims"), arising from or in any manner connected to Provider's negligent, reckless or intentional act or omission, whether alleged or actual, regarding performance of services or work conducted or performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege negligence, recklessness or willful misconduct on behalf of the Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. However, Provider shall not be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees.
b. Indemnification for Claims for Professional Liability Only: As to Claims for professional liability only, Provider's obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
C. Provider's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City's Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with subsections 10A, B, C and D. Such certificates, which do not limit Provider's indemnification, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide ten (10) days' advance written notice to the City of Alameda. Attention: Risk Manager." b. It is agreed that Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California.
C. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, and volunteers as additional insured shall be submitted with the insurance certificates.
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 A. COVERAGE:
Provider shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, and volunteers is required. (3) Professional Liability:
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Provider in the following minimum limits:
$1,000,000 each occurrence
B. SUBROGATION WAIVER
Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Provider shall look solely to its insurance for recovery. Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Provider or City with respect to the services of Provider herein, a waiver of any right to subrogation which any such insurer of said Provider may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Provider's name or as an agent of the Provider and shall be compensated by the Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 D. ADDITIONAL INSURED:
City, its City Council, boards, commissions, officials, employees, and volunteers shall be named as an additional insured under all insurance coverages, except workers' compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery o which such additional insured would be entitled under this policy if not named as such additiona sured. An additional insured named herein shall not be held liable for any premium, deductibl portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
E. SUPFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider's insurance broker to determine adequate coverage for Provider.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agrcement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or his or her designee may consent or reject such request in his/her sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent.
b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Provider, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Provider is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement. Control means fifty percent or more of the voting power of the corporation.
13. APPROVAL OF SUB-PROVIDERS:
Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in his/her sole and absolute discretion.
Each sub-provider shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by the Provider. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement.
c. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information which the Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of City.
No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or his/her designee.
C. Provider shall, at such time and in such form as City Manager or his/her designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of the Provider's performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by City that relate to the performance of the services and tasks under this Agreement (collectively the "Records"). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party's respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
C. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to City shall be addressed to City at:
City of Alameda
2263 Santa Clara Ave, Room 380
Alameda, CA 94501
ATTENTION: City Clerk
Ph: (510) [747-4800] / Email: [email protected]
e. All notices, demands, requests, or approvals from City to Provider shall be addressed to Provider at:
Alameda Sun
3215 J Encinal Avneue
Alameda, CA 94501
ATTENTION: Eric Kos, Co-Founder
Ph: (510) 263-1470 / Email:
https://www.alamedaca.gov/Home?mn=DLPb_uC1cTYFVU7dx4EKUXuMflgeEsfucUWM.Sw 8N-kTKYzKr0fLK
18. SAFETY:
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 The Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. The Provider's failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. The Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. The Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (i) name and address of Provider's employee(s) involved in the incident; (iii) name and address of Provider's liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may thereafter immediately terminate the Agreement forthwith by giving to the Provider written notice thereof.
b. The foregoing notwithstanding, City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Provider as provided herein.
C. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS' FEES:
In the event of the bringing of any action or suit by a party hereto against the other party by reason of any breach of any covenants, conditions, obligation or provision arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all of its costs and expenses of the action or suit, including reasonable attorneys' fees, experts' fees, all court costs and other costs of action incurred by the prevailing party in connection with the prosecution or defense of such action and enforcing or establishing its rights hereunder (whether or not such action is prosecuted to a judgment). For the purposes of this Agreement, reasonable fees of attorneys of the Alameda City Attorney's office shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 of the law for which the services were rendered who practice in Alameda County in law firms with approximately the same number of attorneys as employed by the Alameda City Attorney's Office.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose, at the City's sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City's request, records to demonstrate Provider's compliance with this Section. [See attached Waiver.]
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by the Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by City.
23. CONPLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
The Recitals and Exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind oF whats war kind or natueen the mergies herein, and al pel agreye or amplied dean shatt be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
Alameda Sun CITY OF ALAMEDA
a California corporation a municipal corporation
- Docusigned by:
Chic kas
EriC K104E021... Dirk Brazil
Chairman of the Board Interim City Manager
RECOMMENDED FOR APPROVAL
- Docusigned by:
Lara. Weisiger
Larweso
City Clerk
APPROVED AS TO FORM:
City Attorney
- Docusigned by:
Elizabethe Mackenzie
Elizabet 42 vackenzie
Chief Assistant City Attorney
DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 - DS
THE HARTFORD LC
BUSINESS SERVICE CENTER
THE - 3600 WISEMAN BLVD
HARTFORD SAN ANTONIO TX 78251 May 26, 2022
City of Alameda Public Works Department
Alameda Point, Building 1
950 West Mall Square, Room 110
Alameda CA 94501
Account Information:
Contact Us
Policy Holder Details : STELLAR MEDIA GROUP, INC.
DBA: ALAMEDA SUN Need Help?
Start a live chat online or call us at
(866) 467-8730.
We're here weekdays from 8:00 AM to
8:00 PM ET.
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.
Sincerely,
Your Hartford Service Team
WLTR005
DocuSign Envelope ID: 2S29F4BA-4AB4-4D5E-A9F1-BE8DA57A8326
CORD DATE (IM/DDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 05/26/2022
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 be endorsed. if SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, cartain palicles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
MAHONEY WALKER IN$ AGENCY LLC
PHONE (510) 814-7270 FAX (510) 373-2555
57101733 (AG, No, Esty: (A°C, No):
1138 BALLENA BLVD SUITE E
E-MATL ADDRESS:
ALAMEDA CA 94501
INSURER\S) AFFORDING COVERAGE NAICE
INSURER A. Sentinel insurance Company Ltd. 11000
INSURED INSURER B: Hartford Insurance Company of the Midwest 37478 STELLAR MEDIA GROUP, INC. DBA: ALAMEDA SUN INSURER G:
3215 ENCINAL AVE STE J
INSURER D:
ALAMEDA CA 94501-4882
INSURER E:
• INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1
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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER: POLICY EFF POLICY EXP LIMITS
LTR EINSR WYD
COMMERCIAL GENERAL LABILITY EACH OCCURRENCE $1,000,000
CLAIMS-MADE X COCUR DAMAGE TO RENTED
$1,000,000
PREMISES (Ea occurrence)
General Liability NED EXP (Any one porson) $10,000
A 57 SBA RG8019 10/24/2021 10/24/2022 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO
POLICY X LOC ¡ PRODUCTS • COMP/OP AGG $2,000,000
JECT
AUTOMOWILE LIABILITY COMBINED SINGLE LIT
$1,000,000
(En accident)
ANY AUTO BODILY INJURY (Per person)
ALL OWNED SCHEDULED
A AUTOS AUTOS 57 SBA RG8019 10/24/2021 10/24/2022 BODILY INJURY (Per ascident)
HIRED NON-OWNEO PROPERTY DAMAGE
X
AUTOS AUTOS (Per aocident)
UMBRELLA LIAB OCCUR EACH OOCURRENCE
EXCESS LIAB CLAIMS.
AGGREGATE
MADE
DED RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY STATU ER
ANY YIN CL EACH ACCIDENT $1,000,000
PROPRIETOR PARTNERVEXECUTIVI N'A 57 WEC PH6358 03/04:2022 03/04/2023 FFICERMEMBER EXOLUDEN EL. DIGEASE EA EMPLOYEE $1,000,000 (Mandatory in NH)
15 yes, descebe under EL DISSASE - POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS betow
DESCRIPTON OF OPERATIONS / LOCATIONS / VENICLES (ACORD 101, Additional Remants Schedule, any he altacid if more space is requiren Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business i wability Coverage Forn SSO008 attached to this policy.
CERTIFICATE HOLDER CANCELLATION
City of Alameda Public Works Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Alameda Point, Building 1 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 950 Wesi Mall Square, Room 110 IN ACCORDANCE WITH THE POLICY PROVISIONS.
Alameda CA 94501 AUTHORIZED REPRESENTATIVE
Susand. Casteredas
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 2E29F4BA-4AB4-4D5E-A9F1-BE8DA57AB326 City of Alameda
Waiver from the City's Vaccination Requirement
Date: June 2, 2022
To: Dirk Brazil, Interim City Manager
From: Lara Weisiger, City Clerk
Re: Waiver from the City's Vaccination Requirement
Please check one of the following boxes
X Service Provider Agreement
• Contractor Agreement
• Other - If other box is checked, explain:
Provider/Contractor: Alameda Sun
Description of Work: Legal Notice
Reason for Waiver from the City's Vaccination Requirement:
Placing legal notices is all done via email. Alameda Sun employees never interact with City employees in person.
- Bacußigned-by:
Dirk Brazil
APPROVED: X Yes No Signature:
E4SD0A0E980E4EE.F
THANK YOU FOR RENEWING YOUR POLICY WITH US
If you're receiving this renewal through the mail directly from The Hartford, please note that we've only attached If you're receiving this renewal electronically, or it's been mailed by your agent, it may include all of your documents - even ones that haven't changed
In either case, keep in mind that you can view, download or print any of these documents online. Just register or log into your account https://business.thehartford.com and click on "Documents". For added convenience, you can also pay your bill, request a Certificate of Insurance, check claims status, update preferences and more.
Form G-4159-0 © 2019, The Hartford Page 1 of 1
Insurance Policy Billing Information
Thank you for selecting The Hartford for your business insurance needs.
Shortly, you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information, please contact us at 866-467-8730, and we will be happy to assist you.
• Your total policy premium will appear on your policy's Declarations Page. You will be billed based on the payment plan you selected.
• You may pay the "minimum due" as it appears on your insurance bill or pay the policy balance in full. • An installment service fee is added to each installment. A late fee will also be applied if the "minimum due" is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. • If you selected installment billing, any credit or additional premium due as the result of a change made to your policy, will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. • If you elected Electronic Funds Transfer (EFT), policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. • If you selected installment billing and pay the premiums for your first policy term on time, at renewal, your account may qualify for our "Equal Installment" feature. This means that the percentage due for each installment, including the initial renewal installment, will be the same throughout the policy term - helping you better manage cash flow.
Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments, future renewals will be billed based on the payment plan you selected, which includes a higher initial installment amount. • If your policy is eligible for renewal, your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy's renewal date. If your insurance needs change, please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. • One bill convenience - you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due.
You're In Control
In addition to selecting a bill plan option that best meets your budget, you have the flexibility to decide how your payments are made ...
• Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. • Pay Online: Register at www.thehartford.com/servicecenter. Online Bill Pay is Quick, Easy and Secure! • Pay by Check: Send a check with your remittance stub in the envelope provided with your bill. • Pay by Phone: Call toll-free 1-866-467-8730.
Should you have any questions about your bill, please call Customer Service toll-free number:
1-866-467-8730 - 7AM - 7PM CST. We look forward to being of service to you.
Form 100722 11th Rev. Printed in U.S.A.
IMPORTANT NOTICE TO POLICYHOLDERS
THE HARTFORD CYBER CENTER WEBSITE ACCESS
Thank you for choosing The Hartford for your business insurance needs.
You are receiving this Notice because you purchased a business owner's policy from The Hartford, (your Policy was issued by The Hartford writing company identified on your policy Declarations page) which includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of cyber-related exposures and need help managing the related risks. These exposures include data breaches, computer virus attacks and cyber extortion threats.
Through The Hartford Cyber Center, you have access to:
• A panel of third party incident response service providers • Third party cybersecurity pre-incident service providers and a list of approved services to help protect your business before a cyber-threat occurs
• Risk management tools, including self-assessments, best practice guides, templates, sample incident response plans, and data breach cost calculators
• White papers, blogs and webinars from leading privacy and security practitioners • Up-to-date cyber-related news and events, including examples of privacy and security related events Accessing The Hartford Cyber Center is easy
1. Visit www.thehartford.com/cybercenter
2. Enter policyholder information
3. Access code: 952689
4. Login to The Hartford Cyber Center
This Notice does not amend or otherwise affect the provisions of your business owner's policy.
Coverage Options:
The Hartford offers a variety of endorsements to your business owner's policy that can help protect your business from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the most appropriate cyber coverages and limits for your business.
Claims Reporting:
If you have a claim, you can report it by calling The Hartford's toll-free claims line at 1-800-327-3636.
Should you have any questions, please contact your insurance agent, broker or you may contact us directly.
We appreciate your business and look forward to being of continued service to you.
Please be aware that:
• The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford.
Please do not share the access code with anyone outside your organization. • Registration is required to access the Cyber Center. You may register as many users as necessary. • Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim as required under your insurance policy. Read your insurance policy and discuss any questions with your agent or broker.
The Hartford Cyber Center provides third party service provider references and materials for educational purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber Center and hereby disclaims all liability with respect to use of or reliance on such service providers. All service providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the performance of the service providers, even if such services are covered under your Business Owners Policy. We strongly encourage you to conduct your own assessments of the service providers' services and the fitness or adequacy of such services for your particular needs.
Form SS 89 93 07 16 Page 1 of 1
© 2016, The Hartford
Spectrum®
Business Owner's Policy
THE
HARTFORD
Form SS 00 01 03 14 Page 1 of 1
THE 2
HARTFORD
PRODUCER COMPENSATION NOTICE
You can review and obtain information on The Hartford's producer compensation practices at www. TheHartford.com or at 1-800-592-5717.
Form G-3418-0
POLICY NUMBER: 57 SEA RG8019
THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN
RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT.
DISCLOSURE PURSUANT TO TERRORISM RISK
INSURANCE ACT
SCHEDULE
Terrorism Premium:
$ $24.00
A. Disclosure Of Premium United States or to influence the policy or In accordance with the federal Terrorism Risk affect the conduct of the United States Insurance Act, as amended (TRIA), we are required Government by coercion to provide you with a notice disclosing the portion of C. Disclosure Of Federal Share Of Terrorism your premium, if any, attributable to coverage for Losses "certified acts of terrorism" under TRIA. The portion The United States Department of the Treasury will of your premium attributable to such coverage is reimburse insurers for a portion of insured losses, shown in the Schedule of this endorsement.
as indicated in the table below, attributable to
B. The following definition is added with respect to the "certified acts of terrorism" under TRIA that exceeds provisions of this endorsement: the applicable insurer deductible:
1. A "certified act of terrorism" means an act that is Calendar Year Federal Share of certified by the Secretary of the Treasury, in Terrorism Losses accordance with the provisions of TRIA, to be
an act of terrorism under TRIA. The criteria 2015 85%
contained in TRIA for a "certified act of 2016 84%
terrorism" include the following: 2017 83%
a. The act results in insured losses in excess
of $5 million in the aggregate, attributable to 2018 82% all types of insurance subject to TRIA; and 2019 81%
b. The act results in damage within the United 2020 or later 80% States, or outside the United States in the
case of certain air carriers or vessels or the However, if aggregate industry insured losses under premises of an United States mission; and TRIA exceed $100 billion in a calendar year, the c. The act is a violent act or an act that is Treasury shall not make any payment for any dangerous to human life, property or portion of the amount of such losses that exceeds infrastructure and is committed by an $100 billion. The United States government has not individual or individuals as part of an effort charged any premium for their participation il to coerce the civilian population of the covering terrorism losses Form SS 83 76 01 15 Page 1 of 2
© 2015, The Hartford
(Includes copyrighted material of the Insurance Services Office, Inc., with its permission.) D. Cap On Insurer Liability for Terrorism Losses
If aggregate industry insured losses attributable to
"certified acts of terrorism" under TRIA exceed $100
billion in a calendar vear and we have met, or will
such case, your coverage for terrorism losses may
be reduced on a pro-rata basis in accordance with
procedures established by the Treasury, based on
ts estimates of aggregate industry losses and our
estimate that we will exceed our insurer deductible.
In accordance with the Treasury's procedures,
amounts paid for losses may be subject to further
adjustments based on differences between actual
losses and estimates.
E. Application of Other Exclusions
The terms and limitations of any terrorism exclusion,
inapplicability or omission of a terrorism
exclusion, or the inclusion of terrorism coverage, do
not serve to create coverage for any loss which
would otherwise be excluded under this Coverage
Form, Coverage Part or Policy.
F. All other terms and conditions remain the same.
Form SS 83 76 01 15 Page 2 of 2
IMPORTANT NOTICE TO POLICYHOLDERS
ERISA - EMPLOYEE DISHONESTY
You are receiving this notice because your renewal policy contains ERISA-EMPLOYEE DISHONESTY.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets rules and standards of conduct for private sector employee benefit plans and those that invest and manage their assets. One of ERISA's requirements is that people who handle plan funds and other property must be covered by a fidelity bond to protec the plan from losses due to fraud or dishonesty.
lease be advised that on or before the beginning of each plan year, the plan administrator or other plan fiduciar nust ensure that the plan has the legally required bonding amount for the individuals who will handle the plan's funds and other property. If necessary, the plan administrator or other plan fiduciary may need to obtain appropriate adjustments or additional protection to ensure that the coverage will be in compliance for the new plan If you wish to adjust the amount of your ERISA fidelity bond, please reach out to your agent or Hartford representative.
Form SS 90 30 06 18 Page 1 of 1
© 2018, The Hartford
IMPORTANT NOTICE TO POLICYHOLDERS
To help your insurance keep pace with increasing costs, we have increased your amount of insurance ... giving you better protection in case of either a partial, or total loss to your property.
If you feel the new amount is not the proper one, please contact your agent or broker.
Form PC-374-0 Printed in U.S.A.
19 This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 80 other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock RG insurance company of The Hartford Insurance Group shown below.
SBA
INSURER: SENTINEL INSURANCE COMPANY, LIMITED
ONE HARTFORD PLAZA, HARTFORD, CT 06155
COMPANY CODE: A
THE
Policy Number: 57 SBA RG8019 SC HARTFORD
SPECTRUM POLICY DECLARATIONS
Named Insured and Mailing Address: STELLAR MEDIA GROUP, INC. (No., Street, Town, State, Zip Code) DBA: ALAMEDA SUN
3215 ENCINAL AVE STE
ALAMEDA CA 94501
Policy Period: 10/24/21 10/24/22
12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire.
Name of Agent/Broker: MAHONEY WALKER INS AGENCY LLC
Code: 101733
Previous Policy Number: 57 SBA RG8019
Named Insured is: CORPORATION
Audit Period: NON-AUDITABLE
Type of Property Coverage: SPECIAL
Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy.
TOTAL ANNUAL PREMIUM IS: $1,229
IN RECOGNITION OF THE MULTIPLE COVERAGES INSURED WITH THE HARTFORD, YOUR POLICY PREMIUM INCLUDES AN ACCOUNT CREDIT.
Suand. Castareda
Countersigned by 08/05/21
Authorized Representative Date
Form SS 00 02 12 06 Page 001 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below.
Location: 001 Building: 001
3215 ENCINAL AVE STE J
ALAMEDA CA 94501
Description of Business:
Publisher - Newspaper - Local - No Printing
Deductible: $ 500 PER OCCURRENCE
BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE
BUILDING
NO COVERAGE
BUSINESS PERSONAL PROPERTY
REPLACEMENT COST 18,000
PERSONAL PROPERTY OF OTHERS
REPLACEMENT COST NO COVERAGE
MONEY AND SECURITIES
INSIDE THE PREMISES 10,000
OUTSIDE THE PREMISES 5,000
Form SS 00 02 12 06 Page 002 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below.
Location: 001 Building: 001
PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE
TO THIS LOCATION
COMPUTERS AND MEDIA COVERAGI $ 25,000
TORM SS 04 41
EDUCTIBLE
AITING PERIOD: 12 HOUR
STRETCH PLUS COVERAGE: FORM SS 04 88
THIS FORM INCLUDES MANY ADDITIONAL
COVERAGES AN SUMAR OF THE
COVERAGE LIMITS IS ATTACHED.
LIMITED FUNGI, BACTERIA OR VIRUS 50,000
COVERAGE:
THIS IS THE MAXIMUM AMOUNT OE
INSURANCE
EXPENSE COVERAGE FOR: 30 DAYS
Form S$ 00 02 12 06 Page 003 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE
TO ALL LOCATIONS
BUSINESS INCOME AND EXTRA EXPENSE
12 MONTHS ACTUAL LOSS SUSTAINED
COVERAGE INCLUDES THE FOLLOWING
COVERAGE EXTENSIONS:
ACTION OF CIVIL AUTHORITY: 30 DAYS
EXTENDED BUSINESS INCOME: 30 CONSECUTIVE DAYS
EQUIPMENT BREAKDOWN COVERAGE
COVERAGE FOR DIRECT PHYSICAL LOSS
MECHANICAL BREAKDOWN,
ARTIFICIALLY GENERATED CURRENT
AND STEAM EXPLOSION
THIS ADDITIONAL COVERAGE INCLUDES
THE FOLLOWING EXTENSIONS
HAZARDOUS SUBSTANCES 50,000
EXPEDITING EXPENSES 50,000
MECHANICAL BREAKDOWN COVERAGE ONLY
APPLIES WHEN BUILDING OR BUSINESS
PERSONAL PROPERTY IS SELECTED ON
THE POLICY
IDENTITY RECOVERY COVERAGE 15,000
FORM SS 41 12
Form SS 00 02 12 06 Page 004 (CONTINUED ON NEXT PAGE)
Process Date:08/05/21 Policy Expiration Date: 10/24/22
SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
BUSINESS LIABILITY LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES $1,000,000
MEDICAL EXPENSES - ANY ONE PERSON $ 10,000
PERSONAL AND ADVERTISING INJURY $1,000,000
ADY INJ EXCI
DAMAGES TO PREMISES RENTED TO YOU $1,000,000
ANY ONE PREMISES
AGGREGATE LIMITS
PRODUCTS-COMPLETED OPERATIONS $2,000,000
GENERAL AGGREGATE $2,000,000
BUSINESS LIABILITY OPTIONAL
COVERAGES
HIRED/NON-OWNED AUTO LIABILITY $1,000,000
'ENANT'S LEGAL LIABILITY COVERAG
ORM SS 40 0:
LOCATION: 001 BUILDING: 001 $1,000,000
Form SS 00 02 12 06 Page 005 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
BUSINESS LIABILITY OPTIONAL COVERAGES LIMITS OF INSURANCE (Continued)
UNMANNED AIRCRAFT LIABILITY
IS EXCLUDED
SEE FORM: SS 42 06
Form SS 00 02 12 06 Page 005 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 POLICY NUMBER SEA RESOSATIONS (Continued)
ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY.
LOCATION 001 BUILDING 001
TYPE PERSON ORGANIZATION
NAME SEE FORM IH 12 00
TYPE OWNER, LESSEES OR CONTRACTORS
NAME SEE FORM IH 12 00
Form S$ 00 02 12 06 Page 007 (CONTINUED ON NEXT PAGE)
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
LOSS PAYEE: FORM SS 12 12
SEE FORM IH 12 00
Form Numbers of Forms and Endorsements that apply:
SS 00 01 04 05
SS S S 61 09 16
SS S S 4 04 09
SS S 07 05
SS S 0 07 05
.2 SS 03 00
SS 1 17 07 05
SS 06 11
IH 03 92
SS 01 15
SS
Form SS 00 02 12 06 Page 008
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 57 SBA RG8019
SUPPLEMENTAL DECLARATIONS:
A service fee of $ 7.00 is charged for each installment when your premium is paid in installments. The service fee is $ 5.00 per withdrawal when you select an electronic fund transfer payment plan. The service fee will be added to the premium amount shown on your premium billing statement.
Form SS 00 45 12 06
Process Date: 08/05/21 Policy Expiration Date: 10/24/22
STRETCH PLUS SUMMARY
SUMMARY OF COVERAGE LIMITS
This is a summary of the Coverages and the Limits of Insurance provided by the Stretch Plus Coverage form SS 04 88 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 88 to determine the scope of your insurance protection.
The Limit of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided under this policy:
Coverage Limit
Accounts Receivable - On/Off-Premises $ 50,000
Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000
Computer Fraud $ 5,000
Computers and Media $ 50,000
Contract Penalty $ 1,000
Debris Removal $ 25,000
Employee Dishonesty (including ERISA) $ 25,000
Fine Arts $ 25,000
Forgery $ 25,000
Laptop Computers - Worldwide Coverage $ 10,000
Off Premises Utility Services - Direct Damage $ 25,000
Outdoor Signs Full Value
Pairs or Sets Up to Business Personal Property Limit
Personal Property of Others $ 10,000
Property at Other Premises $ 25,000
Salespersons' Samples $ 25,000
Sewer and Back Up Included up to Covered Property Limits Sump Overflow or Sump Pump Failure $ 50,000
Temperature Change $ 25,000
Tenant Building Coverage-Required by Lease $ 20,000
Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $5,000
Valuable Papers and Records - On/Off-Premises $50,000
The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy:
Coverage Limit
Newly Acquired or Constructed Property - 180 Days
Building $1,000,000
Business Personal Property $ 500,000
Business Income and Extra Expense $ 500,000
Outdoor Property $ 25,000 aggregate/ $1,000 per item
Personal Effects $ 25,000
Property Off-Premises $ 50,000
Form SS 84 17 09 07 Page 1 of 2
© 2007, The Hartford
The following changes apply only if Business Income and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy:
Coverage Limit
Business Income Extension for Off-Premises Utility Services $ 50,000 Business Income Extension for Web Sites $ 50,000/7 days Business Income from Dependent Properties $50,000
The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy:
overage Limit
xtended Business incomi 90 Days
The following changes apply only if the Special Property Coverage Form applies to this policy. The Limits of Insurance for the following Additional Coverages are a replacement of the limit of insurance provided under the Special Property Coverage form:
Coverage Limit
Precious Metal Theft Payment Changes $ 25,000
Theft of Patterns, Dies, Molds and Forms Up to Business Personal Property Limit The following changes apply to Loss Payment Conditions:
Coverage Limit
Valuation Changes
Commodity Stock Included
"Finished Stock" Included
Mercantile Stock - Sold Included
COMMON POLICY CONDITIONS
Form S$ 00 05 10 08
• 2008, The Hartford
QUICK REFERENCE - SPECTRUM POLICY
DECLARATIONS
and
COMMON POLICY CONDITIONS
1. DECLARATIONS
Named Insured and Mailing Address
Policy Period
Description and Business Location
Coverages and Limits of Insurance
II. COMMON POLICY CONDITIONS Beginning on Page
A. Cancellation 1
B. Changes
C. Concealment, Misrepresentation Or Fraud
D. Examination Of Your Books And Records
E. Inspections And Surveys
F. Insurance Under Two Or More Coverages 2
G. Liberalization 2
H. Other Insurance - Property Coverage
I. Premiums
J. Transfer Of Rights Of Recovery Against Others To Us
K. Transfer Of Your Rights And Duties Under This Policy L. Premium Audit
Form SS 00 05 10 08
COMMON POLICY CONDITIONS
All coverages of this policy are subject to the following conditions.
A. Cancellation (5) Failure to:
1. The first Named Insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive days or more, except cancellation. during a period of seasonal
2. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 5 days before the effective date of
cancellation if any one of the following
conditions exists at any building that is ill not apply where you are in ona fide dispute with the taxir
Covered Property in this policy:
authority regarding payment of
(1) The building has been vacant or such taxes.
unoccupied 60 or more consecutive
days. This does not apply to: b. 10 days before the effective date of cancellation if we cancel for nonpayment
(a) Seasonal unoccupancy; or of premium.
(b) Buildings in the course of c. 30 days before the effective date of construction, renovation or cancellation if we cancel for any other addition. reason.
Buildings with 65% or more of the rental 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to
considered unoccupied
us.
provision.
4. Notice of cancellation will state the effective
(2) After damage by a Covered Cause of date of cancellation. The policy period will end Loss, permanent repairs to the building: on that date.
(a) Have not started; and 5. If this policy is canceled, we will send the first (b) Have not been contracted for, Named Insured any premium refund due. Such refund will be pro rata. If the first Named
within 30 days of initial payment of
loss. Insured cancels, the refund may be less than
pro rata. The cancellation will be effective even
(3) The building has: if we have not made or offered a refund. (a) An outstanding order to vacate; 6. If notice is mailed, proof of mailing will be (b) An outstanding demolition order; or sufficient proof of notice. (c) Been declared unsafe by B. Changes
governmental authority. This policy contains all the agreements between you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued by
us and made a part of this policy.
Form SS 00 05 10 08 Page 1 of 3
© 2008, The Hartford
COMMON POLICY CONDITIONS
C. Concealment, Misrepresentation Or Fraud due from that other insurance, whether you can This policy is void in any case of fraud by you as it collect on it or not. But we will not pay more thar the applicable Limit of Insurance
relates to this policy at any time. It is also void if
you or any other insured, at any time, intentionally 1. Premiums conceal or misrepresent a material fact concerning: 1. The first Named Insured shown in the
1. This policy; Declarations:
2. The Covered Property; a. Is responsible for the payment of all
3. Your interest in the Covered Property; or premiums; and
4. A claim under this policy. b. Will be the payee for any return premiums we pay.
D. Examination Of Your Books And Records
2. The premium shown in the Declarations was
We may examine and audit your books and records computed based on rates in effect at the time as they relate to the policy at any time during the the policy was issued. If applicable, on each policy period and up to three years afterward. renewal, continuation or anniversary of the E. Inspections And Surveys effective date of this policy, we will compute the premium in accordance with our rates and rules
1. We have the right but are not obligated to:
then in effect.
a. Make inspections and surveys at any time;
3. With our consent, you may continue this policy
b. Give you reports on the conditions we find; in force by paying a continuation premium for and each successive one-year period. The premium
c. Recommend changes. must be:
2. Any inspections, surveys, reports or a. Paid to us prior to the anniversary date; and recommendations will relate only to insurability b. Determined in accordance with Paragraph and the premiums to be charged. We do not
2. above.
make safety inspections. We do not undertake
to perform of any person Our forms then in effect will apply. If you do the duty or
organization to provide for the health or safety not pay the continuation premium, this policy of any person. We do not represent or warrant will expire on the first anniversary date that we that conditions: have not received the premium.
a. Are safe or healthful; or 4. Changes in exposures or changes in your business operation, acquisition or use of
b. Comply with laws, regulations, codes or locations that are not shown in the Declarations standards. may occur during the policy period. If so, we
3. This condition applies not only to us, but also to may require an additional premium. That any rating, advisory, rate service or similar premium will be determined in accordance with organization which makes insurance our rates and rules then in effect. inspections, surveys, reports or J. Transfer Of Rights Of Recovery Against Others recommendations on our behalf.
To Us
F. Insurance Under Two Or More Coverages Applicable to Property Coverage:
If two or more of this policy's coverages apply to the If any person or organization to or for whom we same loss or damage, we will not pay more than the make payment under this policy has rights to actual amount of the loss or damage. recover damages from another, those rights are G. Liberalization transferred to us to the extent of our payment. That If we adopt any revision that would broaden the person or organization must do everything coverage under this policy without additional
premium within 45 days prior to, or at any time
during, the policy period, the broadened coverage
will immediately apply to this policy. 1. Prior to a loss to your Covered Property; or H. Other Insurance - Property Coverage 2. After a loss to your Covered Property only if, at If there is other insurance covering the same loss or time of loss, that party is one of the following:
damage, we will pay only for the amount of covered
loss or damage in excess of the amount
COMMON POLICY CONDITIONS
a. Someone insured by this insurance; appointed, anyone having proper temporary b. A business firm: custody of your property will have your rights and duties but only with respect to that property.
(1) Owned or controlled by you; or
L. Premium Audit
(2) That owns or controls you; or
a. We will compute all premiums for this policy in
c. Your tenant. accordance with our rules and rates.
You may also accept the usual bills of lading or b. The premium amount shown in the Declarations shipping receipts limiting the liability of carriers. is a deposit premium only. At the close of each This will not restrict your insurance. audit period we will compute the earned K. Transfer Of Your Rights And Duties Under This premium for that period. Any additional premium found to be due as a result of the
Policy
audit are due and payable on notice to the first
Your rights and duties under this policy may not be Named Insured. If the deposit premium paid transferred without our written consent except in the for the policy term is greater than the earned case of death of an individual Named Insured. premium, we will return the excess to the first If you die, your rights and duties will be transferred Named Insured. to your legal representative but only while acting c. The first Named Insured must maintain all within the scope of duties as your
records related to the coverage provided by this
representative. Until your legal representative is policy and necessary to finalize the premium audit, and send us copies of the same upon our
request.
Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative.
Dangles Elliot
Kevin Barnett, Secretary Douglas Elliot, President
Form SS 00 05 10 08 Page 3 of 3
SPECIAL PROPERTY COVERAGE FORM
Form S$ 00 07 07 05
© 2005, The Hartford
QUICK REFERENCE
SPECIAL PROPERTY COVERAGE FORM
READ YOUR POLICY CAREFULLY
SPECIAL PROPERTY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Covered Property 1
Property Not Covered 1
Covered Causes of Loss
Limitations 2
Additional Coverages 3
Coverage Extensions 13
B. EXCLUSIONS 16
C. LIMITS OF INSURANCE 18
D. DEDUCTIBLES 19
E. PROPERTY LOSS CONDITIONS 19
Abandonment 20
Appraisal 20
Duties in the Event of Loss or Damage 20
Legal Action Against Us 20
Loss Payment 20
Recovered Property 22
Resumption of Operations 22
Vacancy 22
F. PROPERTY GENERAL CONDITIONS 23
Control of Property 23
Mortgage Holders 23
No Benefit to Bailee 24
Policy Period, Coverage Territory 24
PROPERTY DEFINITIONS 24
Form S$ 00 07 07 05
SPECIAL PROPERTY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to the SECTION G - PROPERTY DEFINITIONS.
A. COVERAGE (b) Materials, equipment, supplies and
We will pay for direct physical loss of or physical temporary structures, on or within damage to Covered Property at the premises 1,000 feet of the "scheduled described in the Declarations (also called premises", used for making "scheduled premises" in this policy) caused by or additions, alterations or repairs to resulting from a Covered Cause of Loss. the buildings or structures.
1. Covered Property b. Business Personal Property located in or on the building(s) described in the
Covered Property as used in this policy, means Declarations at the "scheduled premises" the following types of property for which a Limit
or in the open (or in a vehicle) within 1,000
of Insurance is shown in the Declarations:
feet of the "scheduled premises", including:
a. Buildings, meaning only building(s) and (1) Property you own that is used in your structure(s) described in the Declarations, business;
including:
(2) Tools and equipment owned by your
(1) Completed additions; employees, which are used in your (2) Permanently installed: business operations;
(a) Fixtures; (3) Property of others that is in your care, (b) Machinery; and custody or control;
(4) "Tenant Improvements and
(c) Equipment;
Betterments"; and
(3) Outdoor fixtures;
(5) Leased personal property for which
(4) Your personal property in apartments,
you have contractual responsibility to
rooms or common areas furnished by
you as landlord; insure, unless otherwise provided for
under Personal Property of Others.
(5) Building Glass, meaning glass that is
2. Property Not Covered
part of a building or structure;
Covered Property does not include:
(6) Personal property owned by you that is
used to maintain or service the buildings a. Aircraft, automobiles, motor trucks and or structures on the premises, including: other vehicles subject to motor vehicle registration;
(a) Fire extinguishing equipment;
b. Automobiles held for sale;
(b) Outdoor furniture;
c. "Money", bullion, numismatic and philatelic
(c) Floor coverings; and
property and bank notes or "securities"
(d) Appliances used for refrigerating, except as provided in any Additional ventilating, cooking, dishwashing Coverages or Optional Coverages. Lottery or laundering; and tickets held for sale and postage stamps in (7) If not covered by other insurance: current use and having face value are not "securities".
(a) Additions under construction,
alterations and repairs to the d. Contraband, or property in the course of buildings or structures; illegal transportation or trade; Form S$ 00 07 07 05 Page 1 of 25
SPECIAL PROPERTY COVERAGE FORM
e. Land (including land on which the property Covered Cause of Loss to its roof is located), water, growing crops or lawns; or walls through which the rain, f. Outdoor fences, radio or television antennas snow, sleet, ice, sand or dust (including satellite dishes), including their enters; or (b) The direct physical loss or physical
damage is caused by or results
from thawing of snow, sleet, or ice
sale or sold but not delivered), except as any on the building or structure. of these may be provided in the:
b. Pets and animals are covered only if:
(1) Outdoor Property Coverage Extension;
(1) They are inside the building; and
(2) Outdoor Signs Optional Coverage; (2) They are owned by others and g. Watercraft (including motors, equipment boarded by you, or owned by you and and accessories) while afloat; held for sale or sold but not delivered. h. The cost to research, replace or restore the And then we will pay only if they are killed, information "valuable papers and stolen, or their destruction is made records", except as may be provided in any necessary by a "specified cause of loss".
Coverage Extensions or Optional Coverages. c. For direct physical loss or physical i. "Data" and "software" which exists on damage by "theft", the following types of electronic "media" including the cost to property are covered only up to the limits research, replace or restore them, except shown:
as may be provided for in any Additional
(1) $2,500 for furs, fur garments and
Coverages or Optional Coverages.
garments trimmed with fur;
j. Accounts, bills, food stamps, other evidences
of debt, accounts receivable or "valuable (2) $5,000 for jewelry, watches, watch papers and records"; except as otherwise movements, jewels, pearls, precious provided for in this policy. and semi-precious stones, bullion, gold, silver, platinum and other
3. Covered Causes of Loss precious alloys or metals. This limit RISKS OF DIRECT PHYSICAL LOSS unless does not apply to jewelry and watches the loss is: worth $500 or less per item;
a. Excluded in Section B., EXCLUSIONS; or (3) $2,500 for patterns, dies, molds and forms; and
b. Limited in Paragraph A.4. Limitations; that
follow. (4) $500 for stamps, lottery tickets held for
sale and letters of credit.
4. Limitations
d. Unless specifically provided under a separate
a. We will not pay for direct loss of or damage endorsement and with a specific Limit of to: Insurance indicated in the Declarations, we
(1) Property that is missing, where the will not pay for direct physical loss of or only evidence of the direct physical physical damage to "perishable stock" loss or physical damage is a shortage caused by or resulting from:
disclosed on taking inventory, or other (1) A change in temperature or humidity resulting from:
(a) Mechanical breakdown or failure of:
apply to the Additional Coverage for (i) Stationary heating plants; or "Money" and "Securities". (i) Refrigerating, cooling, or (2) Property that has been transferred to a humidity control apparatus or person or to a place outside the equipment;
"scheduled premises" on the basis of
(b) Artificially generated electric
unauthorized instructions.
current, including electric arcing,
(3) The interior of any building or structure that disturbs electrical devices, caused by or resulting from rain, snow, appliances or wires; or sleet, ice, sand or dust, whether driven (c) Complete or partial failure of by wind or not, unless: electric power on your "scheduled (a) The building or structure first premises".
sustains physical damage by a (2) Contamination by refrigerant.
SPECIAL PROPERTY COVERAGE FORM
5. Additional Coverages The criteria set forth in Paragraphs a. Collapse (1)(a) through (1)(d) do not limit the
coverage otherwise provided under
(1) With respect to Buildings: this Additional Coverage for the (a) Collapse means an abrupt falling Causes of Loss listed in Paragraph down or caving in of a building or (2)(a), (2)(d), and (2)(e). any part of a building with the (3) If the collapse is caused by a Covered result that the building cannot be Cause of Loss listed in Paragraphs occupied for its intended purpose;
(2)(b) through (2)(f), we will pay for
(b) A building or any part of a building direct physical loss of or physical that is in danger of falling down or damage to the property listed below, caving in is not considered to be in but only if such physical loss or a state of collapse; physical damage is a direct result of (c) A part of a building that is standing the collapse of a building insured is not considered to be in a state of under this policy, and the property is collapse even if it has separated property covered under this policy:
from another part of the building; (a) Awnings; gutters and downspouts; (d) A building that is standing or any yard fixtures; outdoor swimming part of a building that is standing is pools; piers, wharves and docks; not considered to be in a state of beach or diving platforms or collapse even if it shows evidence appurtenances; retaining walls; of cracking, bulging, sagging, walks, roadways and other paved bending, leaning, settling, surfaces.
shrinkage, or expansion. (4) If personal property abruptly falls down (2) We will pay for direct physical loss or or caves in and such collapse is not physical damage caused by or resulting the result of collapse of a building, we from risks of collapse of a building or any will pay for loss or damage to Covered part of a building that is insured by this Property caused by such collapse of policy caused only by one or more of the personal property only if following: (a) The collapse was caused by a
(a) "Specified cause of loss" cause of loss listed in Paragraphs or
breakage of building glass, if such (2)(a) through (2)(f) of this Additional Coverage;
loss or breakage was covered by
this policy; (b) The personal property which
(b) Decay that is hidden from view, collapses is inside a building; and unless the presence of such decay (c) The property which collapses is was known to an insured prior to not of a kind listed in Paragraph collapse; (3) above, regardless of whether
(c) Insect or vermin damage that is that kind of property is considered hidden from view, unless the to be personal property or real presence of such damage is known property.
to an insured prior to collapse; The coverage stated in this Paragraph (d) Weight of people or personal (4) does not apply to personal property property: if marring or scratching is the only
damage to that personal property
(e) Noi, an of rain that collects on a caused by the collapse. (1) Use of defective material or methods Collapse of personal property does not in construction, remodeling or mean cracking, bulging, sagging, renovation if the collapse occurs bending, leaning, settling, shrinkage or during the course of the expansion.
construction, remodeling or (5) This Additional Coverage, Collapse, renovation. will not increase the Limits of
Insurance provided in this policy.
Form SS 00 07 07 05 Page 3 of 25
SPECIAL PROPERTY COVERAGE FORM
b. Debris Removal caused by or resulting from any
(1) We will pay your expense to remove condition or event inside such ebris of Covered Property caused by boilers or equipment. r resulting from a Covered Cause of (e) Physical loss or physical damage Loss that occurs during the policy to hot water boilers or other water period. The expenses will be paid only heating equipment caused by or if they are reported to us in writing resulting from any condition or within 180 days of the earlier of: event inside such boilers or (a) The date of direct physical loss or equipment.
physical damage; or Equipment Breakdown Property
(b) The end of the policy period. means Covered Property built to operate under vacuum or pressure,
(2) The most we will pay under this other than weight of contents, or used additional Coverage is 25% of the for the generation, transmission or amount we pay for the direct loss of or utilization of energy. physical damage to Covered Propertv
he deductible in this polic! The following is not Equipment policable to that physical loss o his poly Breakdown Property:
physical damage. (a) Any structure, foundation, cabinet, But this limitation does not apply to compartment or air supported any additional Debris Removal limit structure building; provided in the Limits of Insurance (b) Any insulating or refractory section. material;
(3) This Additional Coverage does not (c) Any sewer piping, any underground apply to costs to: vessels or piping, any piping forming (a) Extract "pollutants and a part of a sprinkler system, water contaminants" from land; or piping other than boiler feed water piping, boiler condensate return
(b) Remove, restore replace
piping, or water piping forming a part
polluted or contaminated land or of a refrigerating or air conditioning water.
system;
c. Equipment Breakdown
(d) Any vehicle or any equipment
(1) We will pay for direct physical loss or mounted on a vehicle. As used physical damage caused by or here, vehicle means any machine resulting Equipment or apparatus that is used for
Breakdown Accident to Equipment transportation or moves under its Breakdown Property. own power. Vehicle includes, but
is not limited to, car, truck, bus,
Equipment Breakdown Accident trailer, train, aircraft, watercraft means: forklift, bulldozer,
(a) Mechanical breakdown, including harvester. However, any propert rupture or bursting caused by that is stationary, permanently centrifugal force. installed at a "scheduled premises"
and that receives electrical power
(b) Artificially generated electric from an external power source will current, including electric arcing, not be considered a vehicle. that disturbs electrical devices, (e) Any equipment manufactured by appliances or wires.
you for sale.
(c) Explosion of steam boilers, steam (2) Coverage Extensions piping, steam engines or steam
turbines owned or leased by you, The following coverage extensions or operated under your control. apply only to direct physical loss o physical damage caused by o
resulting from an Equipment
Breakdown Accident:
SPECIAL PROPERTY COVERAGE FORM
(a) Hazardous Substances amounts within the Limit of
We will pay in any one occurrence Insurance. We do not have to for the additional cost, not to furnish these bonds;
exceed $50,000, to repair or (iii) All reasonable expenses replace Covered Property because incurred by you at our request of contamination by a hazardous to assist us in the investigation substance. This includes the or defense of the claim or expenses to clean up or dispose of "suit" including actual loss of such property. Hazardous earnings up to $100 a day
substance means any substance because of time off from work; that is hazardous to human health (iv) All costs taxed against you in or that has been declared by a any "suit" we defend;
government agency to be
hazardous to human health. (v) Prejudgment interest awarded against you on that part of the
Additional cost in this extension judgment we pay. If we make means those beyond what would an offer to pay the applicable have been required had no Limit of Insurance, we will not hazardous substance been
pay any prejudgment interest
involved. based on that period of time
This limit is part of and not in after the offer; and
addition to the Limits of Insurance (vi) All interest on the full amount for Covered Property. of any judgment that accrues
(b) Expediting Expenses after entry of the judgment and With respect to your damaged before we have paid, offered Covered Property, we will pay in to pay, or deposited in court any one occurrence, up to the part of the judgment that is $50,000, for the reasonable and within the Limit of Insurance necessary additional expenses shown in the Declarations. you incur to: These payments will not reduce
(i) Make temporary repairs; or the Limit of Insurance shown in the Declarations.
(il) Expedite permanent repairs or
permanent replacement. (e) Business Income and Extra
Expense Extension
(c) Defense
The Business Income and Extra
If a claim or "suit" is brought
Expense Additional Coverages are
against you alleging that you are extended to provide coverage for a liable for damage to property of
tenant who has a loss of income
another in your care, custody or
control caused from the lack of heating, cooling or
directly by power as a result of equipment
Equipment Breakdown we will breakdown to mechanical,
either: electrical or pressure equipment of
(i) Settle the claim or "suit"; or the building owner.
(ii) Defend you against the claim (1) If Equipment Breakdown Property "suit." but keep for requires replacement due to an
ourselves the right to settle it Equipment Breakdown Accident at any point. we will pay your additional cost to
(d) Supplementary Payments replace it with equipment that is better for the environment, safer or
We will pay, with respect to any more efficient than the equipment claim or "suit" we defend:
being replaced. However, we will
(i) All expenses we incur; not pay more than 125% of what (ii) The cost of bonds to release the cost would have been to repair attachments, but only for bond or replace with property of Form SS 00 07 07 05 Page 5 of 25
SPECIAL PROPERTY COVERAGE FORM
comparable material and quality. agent has issued, or that was issued by This coverage does not increase someone who impersonates you or your any of the applicable limits. This agent. This includes written instruments coverage does not apply to any required in conjunction with any credit, property indicated as being valued debit, or charge card issued to you or on an Actual Cash Value basis. any "employee" for business purposes.
If you wish to retrofit air (2) If you are sued for refusing to pay any conditioning or refrigeration Covered Instrument on the basis that it equipment that utilizes a has been forged or altered, and you refrigerant containing CFC have our written consent to defend (chlorofluorocarbon) substances to against the "suit", we will pay for any accept a non-CFC refrigerant or reasonable expenses that you incur replace the system with a system and pay in that defense. using a non-CFC refrigerant, we (3) We will pay for loss resulting directly will consider this better for the from your having accepted in good environment. Any associated faith, in exchange for merchandise, Business Income or Extra "money" or services:
Expense will be included in
(a) Money orders, including counterfeit
determining the additional cost, if money orders, of any United States Business Income and Extra
or Canadian post office, express
Expense apply to this policy. company or national or state (or (3) Additional Condition - Bankruptcy Canadian) chartered bank that are The bankruptcy or insolvency of you or not paid upon presentation; and your estate will not relieve us of any (b) Counterfeit United States or obligation under this Additional Canadian paper currency.
Coverage. (4) The most we will pay in any one
(4) Jurisdictional Inspections: occurrence, including legal expenses, If any boiler or pressure vessel under this Additional Coverage is $5,000, requires inspection to comply with unless a higher Limit of Insurance is state or municipal boiler and pressure shown in the Declarations. vessel regulations, we agree to g. Glass Expense
perform such inspection on your
We will pay for necessary expenses
behalf. incurred to:
d. Fire Department Service Charge
(1) Put up temporary plates or board up
When the fire department is called to save openings if repair or replacement of or protect Covered Property from a damaged glass is delayed; Covered Cause of Loss, we will pay up to (2) Repair or replace encasing frames; 25,000 in any one occurrence for you and
ability for fire department service charges
(3) Remove or replace obstructions when
(1) Assumed by contract or agreement
repairing or replacing glass that is part
prior to loss; or of a building.
(2) Required by local ordinance. This does not include removing or e. Fire Extinguisher Recharge replacing window displays.
We will pay to cover your expenses for h. Lock and Key Replacement recharge of your hand fire extinguishers We will pay up to $1,000 in any one when they are emptied while fighting fire. occurrence for the re-keying of locks or the f. Forgery repair or replacement of locks at
(1) We will pay for loss resulting directly "scheduled premises" following the theft or from forgery or alteration of any check, the attempted theft of keys by burglars. draft, promissory note, or similar written i. Money and Securities promises, orders or directions to pay a (1) We will pay for loss of "money" and sum certain in "money" that you or your "securities" used in your business while
SPECIAL PROPERTY COVERAGE FORM
at a bank or savings institution, within Undamaged Part your living quarters or the living quarters (a) For loss to the undamaged portion of your partners or any employee having of the Building that requires the use and custody of the property, at the demolition of parts of the same "scheduled premises", or in transit property not damaged by a between any of these places, resulting Covered Cause of Loss provided directly from: that any such ordinance or law
resulting in this type of loss:
(a) "Theft";
(i) Regulates the construction or
(b) Disappearance; or of
repair buildings, or
(c) Destruction. establishes zoning or land use
(2) In addition to the Limitations and requirements the "schedled premises; and
Exclusions applicable o property
coverage, we will not pay for loss: (i) Is in force at the time of the (a) Resulting from accounting or loss.
arithmetical errors or omissions; The most we will pay in any one (b) Due to the giving or surrendering occurrence for this coverage is of property in any exchange or $25,000 as a Limit of Insurance. purchase; or Demolition Cost
(c) Of property contained in any (b) The cost to demolish and clear the "money"-operated device unless a site of undamaged parts of the continuous recording instrument in property caused by enforcement of the device records the amount of a building, zoning or land use "money" deposited in the "money"- ordinance or law.
operated device.
The most we will pay in any one
(3) The most we will pay for loss in any occurrence for this coverage is one occurrence is:
$25,000 as a Limit of Insurance.
(a) The limit shown in the Declarations Increased Cost of Construction for Inside the Premises for
"money" and "securities" while: (c) The increased cost to repair, rebuild or reconstruct the covered
(i) In or on the "scheduled property, caused by enforcement premises"; or of a building, zoning or land use
(ii) Within a bank or savings ordinance or law.
institution; and The most we will pay in any one
occurrence for this coverage is
(b) The limit shown in the Declarations
$25,000 as a Limit of Insurance.
for Outside the Premises for
"money" and "securities" while "Tenants Improvements and anywhere else.
(4) All loss:
(a) Caused by one or more persons;
or
caused by enforcement of building,
(b) Involving a single act or series of zoning or land use ordinance or related acts; law.
is considered one occurrence. The most we will pay in any one occurrence for this coverage is
(5) You must keep records of all "money"
$25,000 as a Limit of Insurance.
and "securities" so we can verify the
amount of any loss or damage. (2) Additional Exclusions j- Ordinance or Law We will not pay under this Additional (1) If a Covered Cause of Loss occurs to Coverage for:
covered Building property, we will pay (a) The enforcement of any ordinance on a "scheduled premises" any of the or law which requires the following costs that are caused by demolition, repair, replacement, enforcement of an ordinance or law: reconstruction, remodeling or Form SS 00 07 07 05 Page 7 of 25
SPECIAL PROPERTY COVERAGE FORM
remediation of property due to (b) If the Building(s) Full Value contamination by "pollutants and Endorsement applies and the contaminants" due the property is repaired or replaced on presence, growth, proliferation, the same or another premises, we spread of any activity of "fungi", will not pay more for physical loss of wet or dry rot, bacteria or virus; or or physical damage to designated (b) The costs associated with the Building property, including loss enforcement of any ordinance or caused by enforcement of an law which requires any insured or ordinance or law, than:
others to test for, monitor, clean (i) The amount you actually spend up, remove, contain, treat, detoxify to repair, rebuild or reconstruct or neutralize, or in any way the Building, but not for more respond to, or assess the effects than the amount it would cost to of "pollutants or contaminants", restore the Building on the same "fungi", wet or dry rot, bacteria or premises: and
virus.
(ii) The amount it would cost to
(c) Loss caused by, resulting from, restore the undamaged portion contributed to or aggravated by to the same height, floor area, earthquake or volcanic eruption. style and comparable quality of (d) Loss due to an ordinance or law the original property insured. that: (c) If Replacement Cost or the
(i) You were required to comply Building(s) Full Value
with before the loss even if the Endorsement applies and the building was undamaged; and property is not repaired or replaced, or if Actual Cash Value
(ii) You failed to comply with. applies, then we will not pay more (3) Additional Limitations - Loss to for physical loss of or physical Undamaged Portion of Building damage to designated Building Subject to the limit stated in Paragraph property, including loss caused by A.5.j. (1)(a), the insurance provided enforcement of an ordinance or under this Additional Coverage for loss law, than the lesser of:
in value to the undamaged portion of (i) The Actual Cash Value of the the building is limited as follows: Building at the time of loss; or (a) If Replacement Cost applies and (ii) The Limit of Insurance the property is repaired or applicable to the covered
replaced on the same or another Building property stated in premises, we will not pay more for Paragraph A.5.j.(1)(a). physical loss of or physical (4) Additional Limitation - Demolition amage to designated Buildir Cost
operty, including loss caused t
enforcement of an ordinance or We will not pay more than the lesser of:
(a) The amount actually spent to
demolish and clear the site of the
"scheduled premises"; or
(b) The applicable Demolition Cost
restore the Building on the same Limit of Insurance as stated in Paragraph A.5.j.(1)(b).
(ii) The amount it would cost to (5) Additional Limitation - Increased Cost of Construction
Teste Same dana, for area, The insurance provided under this style and comparable quality of Additional Coverage for increased cost the original property insured. of construction is limited as follows:
(a) We will not pay:
SPECIAL PROPERTY COVERAGE FORM
(i) Until the property is actually l. Preservation of Property repaired or replaced, at the If it is necessary to move Covered same or another premises; Property from the "scheduled premises" to and
preserve it from direct physical loss or
(ii) Unless the repairs or physical damage by a Covered Cause of replacements are made as Loss, we will pay for any direct physical soon as reasonably possible loss of or physical damage to that property:
after the physical loss or
physical damage, not to (1) While it is being moved or while exceed two years. We may temporarily stored at another location; extend this period in writing and
during the two years. (2) Only if the direct physical loss or (b) If the Building is repaired or physical damage occurs within 45 replaced at the same premises, or days after the property is first moved. if you elect to rebuild at another m. Theft Damage to Building premises, the most we will pay is
the lesser of: This Additional Coverage applies only to (i) The increased cost of premises where you are a tenant and are construction at responsible in the lease for physical loss or the same physical damage to the building you lease,
premises; or
rent, or occupy that is caused by or results
(i) The applicable Increased Cost from "theft", burglary or robbery. of Construction Limit of
Insurance stated in Paragraph We will pay for direct physical loss or A.5.j.(1)(c). physical damage directly resulting from
"theft", burglary or robbery (except loss by fire
(c) If the ordinance or law requires or explosion) to a building:
relocation to another premises, the
most we will pay is the lesser of: (1) You occupy, including personal property that is used to maintain or
(i) The Increased Cost of service the building; or
Construction at the new
(2) Containing covered personal property
premises: or
if you are legally liable for such
(ii) The applicable Increased Cost physical loss or physical damage. of Construction Limit of
Insurance stated in Paragraph But we will not pay for such physical loss A.5.j.(1)(c). of or physical damage to property that is k. "Pollutants and Contaminants" Clean away from the "scheduled premises".
Up and Removal n. Water Damage, Other Liquid, Powder or Molten Material Damage
We will pay your expense to extract
"pollutants and contaminants" from land or If direct physical loss or physical damage water at the "scheduled premises" if the caused by or resulting from covered water or other liquid, powder or molten material
discharge, dispersal, seepage, migration, damage loss occurs, we will also pay the release or escape of the "pollutants and cost to tear out and replace any part of the contaminants" is caused by or results from building or structure to repair damage to a Covered Cause of Loss that occurs the system or appliance from which the during the policy period. The expenses will water or other substance escapes. be paid only if they are reported to us in We will not pay the cost to repair any defect writing within 180 days of the earlier of: that caused the direct physical loss or (1) The date of direct physical loss or physical damage except as provided in physical damage; or paragraph A.5.c., Equipment Breakdown of (2) The end of the policy period. this coverage form. But we will pay the cost to repair or replace damaged parts of fire
The most we will pay in any one
extinguishing equipment if the damage:
occurrence for each location under this
Additional Coverage is $15,000 for the (1) Results in discharge of any substance sum of all such expenses arising out of from an automatic fire protection Covered Causes of Loss. system; or
Form SS 00 07 07 05 Page 9 of 25
SPECIAL PROPERTY COVERAGE FORM
(2) Is directly caused by freezing. (b) That part or all of the "scheduled o. Business Income premises" is rendered
untentantable as a result of a
(1) We will pay for the actual loss of
Covered Cause of Loss if
Business Income you sustain due to coverage for Business Income the necessary suspension of your
applies to the policy.
"operations" during the "period of
restoration". The suspension must be p. Extra Expense
caused by direct physical loss of or (1) We will pay reasonable and necessary physical damage to property at the Extra Expense you incur during the "scheduled premises", including "period of restoration" that you would personal property in the open (or in a not have incurred if there had been no vehicle) within 1,000 feet of the direct physical loss or physical "scheduled premises", caused by or damage to property at the "scheduled resulting from a Covered Cause of premises", including personal property Loss. in the open (or in a vehicle) within
(2) With respect to the requirements set 1,000 feet, caused by or resulting from forth in the preceding paragraph, if you a Covered Cause of Loss. occupy only part of the site at which (2) With respect to the requirements set the "scheduled premises" are located, forth in the preceding paragraph, if you your "scheduled premises" also occupy only part of the site at which means: the "scheduled premises" are located,
your "scheduled premises" also
(a) The portion of the building which
you rent, lease or occupy; and means:
(b) Any area within the building or on (a) The portion of the building which the site at which the "scheduled you rent, lease or occupy; and premises" are located, but only if (b) Any area within the building or on that area services, or is used to the site at which the "scheduled gain access to, the "scheduled premises" are located, but only if premises". that area services, or is used to
(3) We will only pay for loss of Business gain access to, the "scheduled Income that occurs within 12 premises".
consecutive months after the date of (3) Extra Expense means expense direct physical loss or physical incurred:
damage. (a) To avoid or minimize the
This Additional Coverage is not subject suspension of business and to to the Limits of Insurance. continue "operations":
(4) Business Income means the: (i) At the "scheduled premises"; (a) Net Income (Net Profit or Loss or
before income taxes) that would (ii) At replacement premises or at have been earned or incurred if no temporary locations, including:
direct physical loss or physical (aa)Relocation expenses; and damage had occurred; and
(bb)Cost to equip and operate
(b) Continuing normal operating the replacement or
expenses incurred, including temporary location, other
payroll. than costs
(5) With respect to the coverage provided necessary to repair or to this replace damaged stock
in Additional Coverage,
and equipment.
suspension means:
(b) To minimize the suspension of
(a) The partial slowdown or complete
business business if you cannot continue
cessation of your "operations".
activities; or
(c) (i) To repair or replace any
property; or
SPECIAL PROPERTY COVERAGE FORM
(ii) To research, replace or (a) When access is permitted to your restore the lost information on "scheduled premises"; or damaged "valuable papers (b) 30 consecutive days after the and records";
order of the civil authority.
to the extent it reduces the r. Extended Business Income amount of loss that otherwise
would have been payable (1) If the necessary suspension of your under this Additional Coverage "operations" produces a Business or Additional Coverage o., Income loss payable under this policy, Business Income. we will pay for the actual loss of
Business Income you incur during the
We will only pay for Extra period that:
Expense that occurs within 12
consecutive months after the (a) Begins on the date property is date of direct physical loss or actually repaired, rebuilt or replaced and "operations" are resumed; and
physical damage. This
Additional Coverage is not (b) Ends on the earlier of:
subject to the Limits of (i) The date you could restore Insurance. your "operations" with
(4) With respect to the coverage provided reasonable speed, to the in this Additional Coverage, condition that would have
suspension means: existed if no direct physical
(a) The partial slowdown or complete loss or damage occurred; or cessation of your business (ii) 30 consecutive days after the activities; or date determined in (1)(a)
(b) That part or all of the "scheduled above.
premises" rendered Loss of Business Income must be
untentantable as a result of a caused by direct physical loss or Covered Cause of physical damage at the "scheduled
coverage for Extra Expense premises" caused by or resulting from applies to the policy. a Covered Cause of Loss.
(5) Limitation (2) With respect to the coverage provided in This Extra Expense Coverage does not this Additional Coverage, suspension apply to: means:
(a) Any deficiencies in insuring (a) The partial slowdown or complete building or business personal cessation of your business activities; property: or and
(b) Any expense related to any recall (b) That a part or all of the "scheduled of products you manufacture, premises" is rendered untenantable as a result of a Covered Cause of
handle or distribute.
Loss.
q. Civil Authority
s. Business Income from Dependent
(1) This insurance is extended to apply to Properties
the actual loss of Business Income you (1) We will pay for the actual loss of sustain when access to your "scheduled
premises" is specifically prohibited by Business Income you sustain due to order of a civil authority as the direct direct physical loss or physical damage at the premises of a dependent property
result of a Covered Cause of Loss to caused by or resulting from a Covered property in the immediate area of your Cause of Loss.
"scheduled premises".
(2) The coverage for Business Income will The most we will pay under this Additional Coverage is $5,000 in any
begin 72 hours after the order of a civil one occurrence unless a higher Limit authority and coverage will end at the
earlier of: of Insurance is indicated in the
Declarations.
Form SS 00 07 07 05 Page 11 of 25
SPECIAL PROPERTY COVERAGE FORM
(2) We will reduce the amount of your (a) Regulates the construction, use or Business Income loss, other than repair, or requires the tearing Extra Expense, to the extent you can down of any property; or resume "operations", in whole or in (b) Requires any insured or others to part, by using any other available: test for, monitor, clean up, remove, (a) Source of materials; or contain, treat, detoxify, or neutralize, (b) Outlet for your products. or in any way respond to, or assess the effects "pollutants."
(3) If you do not resume "operations", or
do not resume "operations" as quickly (7) The definition of Business Income as possible, we will pay based on the contained in the Business Income length of time it would have taken to Additional Coverage also applies to resume "operations" as quickly as this Business Income From Dependent possible. Properties Additional Coverage.
(4) Dependent Property means property t. Tenant Glass
owned, leased or operated by others This Additional Coverage applies only to whom you depend on to: premises where you are a tenant and are (a) Deliver materials or services to responsible in the lease for such damage. you or to others for your account. We will cover loss to glass, which is in your But services do not include: care, custody or control and for which the (i) Water, communication, power lease holds you responsible. The glass services or any other utility must be part of a building described in the Declarations or at a location that would be
services; or
included in Coverage Extension b. Newly
(ii) Any type of web site, or Acquired or Constructed Property.
Internet service.
The most that we will pay in any one
(b) Accept your products or services; occurrence for each location under this (c) Manufacture your products for Additional Coverage is $25,000. delivery to your customers under u. Leasehold Improvements contract for sale; or
If your lease is cancelled in accordance with
(d) Attract customers to your business
a valid lease provision as the direct result of a
premises. Covered Cause of Loss to property at the
The dependent property must be location in which you are a tenant, and you located in the coverage territory of this cannot legally remove "Tenant Improvements policy. and Betterments", we will extend Business
(5) The coverage period for Business Personal Property coverage to apply to the Income under this Additional Coverage: unamortized value of "Tenants Improvement and Betterment" that remain and that you
(a) Begins 72 hours after the time of were forced to abandon. direct physical loss or physical
damage caused by or resulting The most we will pay in any one from a Covered Cause of Loss at occurrence for loss under this Additional the premises of the dependent Coverage is $25,000.
property; and v. Lease Assessment
(b) Ends on the date when the property Your Business Personal Property is extended at the premises of the dependent to apply to your share of any assessment property should be repaired, rebuilt charged to all tenants by the building owner or replaced with reasonable speed as a result of direct physical damage caused and similar quality. by or resulting from a Covered Cause of Loss (6) The Business Income coverage to building property you occupy as agreed to period, as stated in Paragraph (5), in your written lease agreement. does not include any increased period We will pay no more than $2,500 in any one required due to the enforcement of any occurrence for this Additional Coverage. ordinance or law that:
SPECIAL PROPERTY COVERAGE FORM
6. Coverage Extensions representatives, or anyone
Except as otherwise provided, the following entrusted with the records of Extensions apply to property located in or on accounts receivable, whether or the building at the "scheduled premises" or in not acting alone or in collusion with the open (or in a vehicle) within 1,000 feet of other persons or occurring during the "scheduled premises". All Coverage the hours of employment.
Extensions are subject to the terms, conditions This exclusion does not apply to a and exclusions of this policy, except as carrier for hire. otherwise provided. (b) Alteration, falsification, concealment In addition to the Limits of Insurance, you may or destruction of records of accounts extend the insurance provided by this policy as receivable done to conceal the follows: wrongful giving, taking or withholding
a. Accounts Receivable of "money," "securities," or other (1) You may extend the insurance that property.
applies to your Business Personal This exclusion applies only to the Property, to apply to your accounts extent of the wrongful giving, receivable. taking or withholding.
We will pay for: (c) Bookkeeping, accounting or billing errors or omissions.
(a) All amounts due from your
customers that you are unable to (d) Electrical or magnetic injury, collect; disturbance or erasure of electronic
(b) Interest recordings.
charges on any loan
required to offset amounts you are But we will pay for direct physical unable to collect pending our loss or physical damage caused payment of these amounts; by Lightning.
(c) Collection expenses in excess of (e) Voluntary parting with any property your normal collection expenses by you or anyone entrusted with that are made necessary by the the property if induced to do so by physical loss or physical damage; any fraudulent scheme, trick, and device or false pretense.
(f) Unauthorized instructions to
(d) Other reasonable expenses that
you incur reestablish your transfer property to any person or records of accounts receivable; to any place.
that result from direct physical loss of or (4) We will not pay for direct physical loss or physical damage that requires any
physical damage to your records of audit of records or any inventory accounts receivable. to prove its factual
computation
(2) Paragraph A.3., Covered Causes of existence.
Loss, and Section B., Exclusions, do (5) The most we will pay in any one not apply to this Additional Coverage occurrence for direct physical loss of except for: or physical damage to your accounts
(a) Paragraph B.1.b., Governmental receivable at each
Action; premises" is $25,000.
(b) Paragraph B.1.c., Nuclear Hazard; (6) The most we will pay in any on occurrence for direct physical loss o
and
or physical damage to accounts
(c) Paragraph B.1.e., War and Military receivables away from the "schedules Action. premises", including while in transit, is
(3) Additional Exclusions
b. Arson and "Theft" Reward
(a) Dishonest acts by you, anyone
else with an interest in the records (1) In the event that a covered fire loss of accounts receivable, or your or was the result of an act of arson, we their employees or will reimburse you for rewards you pay for information leading to convictions
for that act of arson.
Form SS 00 07 07 05 Page 13 of 25
SPECIAL PROPERTY COVERAGE FORM
(2) In the event of a covered "theft" loss, The most we will pay in any one we will reimburse you for rewards you occurrence for loss or damage under pay for information leading this Extension is 25% of the Limit of convictions for the "theft" loss.
Insurance for Building shown in the
The most we will pay to reimburse you in Declarations, but not more than any one occurrence for arson or "theft" $500,000 at each premises. rewards is $10,000. (2) You may extend the insurance that This is additional insurance. The applies to Business Personal Property deductible does not apply to these
to apply to:
reimbursements.
(a) Property at any premises you
c. Data and Software
acquire or construct;
We will pay up to $10,000 in any one
(b) Business Personal Property,
occurrence to cover your costs
research, replace or restore "data" or including such property that you "software" which exists or newly acquire, located at your existed on
electronic or magnetic "media" that is lost newly constructed building, or or damaged as a result of direct physical (c) Business Personal Property that loss or physical damage to "computer you newly acquire, located at the equipment" at the "scheduled premises". "scheduled premises". d. Garages, Storage Buildings and Other This extension does not apply to:
Appurtenant Structures (a) Personal Property that you
(1) You may extend the insurance that temporarily acquire in the course applies to Building to apply to garages, of installing or performing work on storage buildings and other such property;
appurtenant structures, except outdoor (b) Personal property of others that fixtures, at the "scheduled premises". you temporarily acquire in the The most will pay in any one course of your wholesaling activity. occurrence for direct physical loss or (c) Merchandise held for sale, except physical damage under this Extension as provided under Paragraph C.6. is $50,000 at each "scheduled Business Personal Property Limit premises". - Seasonal Increase.
(2) You may extend the insurance that The most we will pay in any one applies to Business Personal Property occurrence for direct physical loss or in garages, storage buildings and other physical damage under this Extension appurtenant structures at the is $250,000 at each premises. "scheduled premises". (3) You may extend the insurance that The most we will pay in any one applies to Business Income and Extra occurrence for direct physical loss or Expense to apply to newly acquired or physical damage under this Extension constructed locations. is $5,000 at each "scheduled The most we will pay in any one premises" occurrence under this Extension is
e. Newly Acquired or Constructed Property $50,000.
(1) You may extend the insurance that (4) If Covered Property is moved to a new premises endorsed onto this policy, from
applies to Building to apply to:
a "scheduled premises" being endorsed
(a) Your new buildings while being built off this policy, the Limit of Insurance on the "scheduled premises", and applicable to that vacated premises will (b) Buildings you acquire at locations apply proportionately to both premises as other than the "scheduled the property is moved. This coverage premises", intended for: applies to up to 180 days after the move (i) Similar use as the Building begins or upon completion of the move, described in the Declarations: or whichever is sooner. This coverage does not apply to Business Personal
(ii) Use as a warehouse.
Property while in transit.
SPECIAL PROPERTY COVERAGE FORM
(5) Insurance under this Extension for The most we will pay in any one each newly acquired or constructed occurrence for physical loss or physical property will end when any of the damage under this Extension is $10,000 at following first occurs: each "scheduled premises".
(a) This policy expires; h. Property Off-Premises
(b) 180 days after you acquire or (1) You may extend the insurance that begin to construct the property, or applies to Building to apply to such (c) You report values to us. property that is temporarily at a location We will charge you additional premium you do not own, lease or operate. This for values reported from the day Extension applies only if physical loss construction begins or you acquire the or physical damage is caused by or property. resulting from a Covered Cause of
Loss. This Extension does not apply to
f. Outdoor Property property in course of transit.
You may extend the insurance provided by The most we will pay in any one this policy to apply to your outdoor: occurrence under this coverage (1) Fences, signs (other than signs extension is $5,000. attached to buildings), trees, shrubs (2) You may extend the insurance that and plants caused by or resulting from applies to Business Personal Property any of the following causes of loss: to apply to such property, other than (a) Fire; Accounts Receivable, "money" and
"securities" while:
(b) Lightning;
(c) Explosion; (a) In the course of transit and more
than 1,000 feet from the "scheduled
(d) Riot or Civil Commotion; and
premises". Property must be in or
(e) Aircraft. on, but not permanently attached to
The most we will pay in any one or installed in, a motor vehicle you occurrence for direct physical loss or own, lease or operate while between physical damage, including debris points in the coverage territory; or removal expense, under this Extension (b) Temporarily at a premises you do is $10,000 but not more than $1,000 not own, lease or operate. for any one tree, shrub or plant.
(c) At a premises owned, leased,
(2) Radio and television antennas operated or used by you and the (including satellite dishes) caused by Business Personal Property is a or resulting from any of the following vending machine. causes of loss: (d) In or on, but not permanently
(a) Fire; attached to or installed in, motor
(b) Lightning; vehicles operated by your
employees in the course of your
(c) Windstorm;
business operations.
(d) Ice, Snow, Sleet or Hail; (e) On temporary public display, or (e) Explosion; while being used at fairs,
(f) Riot or Civil Commotion; and exhibitions, expositions, or trade (g) Aircraft. shows or while in transit to and
The most we will pay in any one from these temporary sites. occurrence for direct physical loss or The most we will pay in any one physical damage, including debris occurrence under this Extension is removal expense, under this Extension $2,500
is $2,000. i. Valuable Papers and Records - Cost of
g. Personal Effects Research
You may extend the insurance that applies You may extend the insurance that applies to Business Personal Property to apply to to Business Personal Property to apply to personal effects owned by you, your your costs to research, replace or restore officers, your partners, "managers", the lost information on lost or damaged "members", or your employees. "valuable papers and records", for which duplicates do not exist.
Form SS 00 07 07 05 Page 15 of 25
SPECIAL PROPERTY COVERAGE FORM
The most we will pay in any one (d) All volcanic eruptions that occur occurrence under this Extension is within any 168-hour period will $25,000 at each "scheduled premises". For constitute a single occurrence. "valuable papers and records" not at the Volcanic action does not include the cost "scheduled premises", including while in to remove ash, dust, or particulate transit, the most we will pay in any one matter. That does not cause direct occurrence is $25,000. physical loss or physical damage to B. EXCLUSIONS Covered Property.
1. We will not pay for loss or damage caused b. Governmental Action directly or indirectly by any of the following. Seizure or destruction of property by order Such loss or damage is excluded regardless of of governmental authority. any other cause or event that contributes But we will pay for acts of destruction ordered concurrently or in any sequence to the loss. by governmental authority and taken at the a. Earth Movement time of a fire to prevent its spread, if the fire would be covered under this policy.
(1) Earthquake, meaning a shaking or
trembling of the earth's crust, caused c. Nuclear Hazard by underground tectonic forces Nuclear reaction or radiation, or resulting in breaking, shifting, rising, radioactive contamination however settling, sinking or lateral movement; caused.
(2) Landslide, including any earth sinking, But if physical loss or physical damage by rising or shifting related to such event; fire results, we will pay for that resulting (3) Mine subsidence, meaning subsidence physical loss or physical damage. of a man-made mine, whether or not d. Power Failure
mining activity has ceased;
The failure of power or other utility service
sinking (other than sinkhole supplied to the "scheduled premises", collapse), rising or shifting including soil however caused, if the failure occurs away conditions which cause settling, cracking
from the "scheduled premises". Failure
or other disarrangement of foundations
or other parts of realty. Soil conditions includes lack of sufficient capacity and include contraction, expansion, freezing, reduction in supply necessary to maintain thawing, erosion, improperly compacted normal operations. soil, and the action of water under the But if physical loss or physical damage by a Covered Cause of Loss results, we will
But if Earth Movement, as described in pay for that resulting physical loss or Paragraphs (1) through (4) above, results physical damage. in fire or explosion, we will pay for the e. War and Military Action physical loss or physical damage caused
by that fire or explosion. (1) War, including undeclared or civil war; (5) Volcanic eruption, meaning the (2) Warlike action by a military force, eruption, explosion or effusion of a including action in hindering or volcano. But if physical loss or defending against an actual or physical damage by fire or volcanic expected attack, by any government, action results, we will pay for that sovereign or other authority using resulting physical damage. military personnel or other agents; or Volcanic action means direct physical (3) Insurrection, rebellion, revolution, loss or physical damage resulting from usurped power, or action taken by the eruption of a volcano when the governmental authority in hindering or physical loss or physical damage is defending against any of these. caused by: f. Water
(a) Airborne volcanic blast or airborne (1) Flood, including the accumulation of shock waves;
surface water, waves, tides, tidal
(b) Ash, dust, or particulate matter; or waves, overflow of streams or any (c) Lava flow. other bodies of water, or their spray, all whether driven by wind or not;
SPECIAL PROPERTY COVERAGE FORM
(2) Mudslide or mud flow; (6) The following causes of loss to (3) Water that backs up from a sewer or personal property:
drain; or (a) Dampness or dryness of
atmosphere;
(4) Water under the ground surface pressing
on, or flowing or seeping through: (b) Changes in or extremes of temperature; or
(a) Foundations, walls, floors or paved
surfaces; (c) Marring or scratching.
(b) Basements, whether paved or not; But if physical loss or physical damage by the "specified causes of loss", building
or
glass breakage or Equipment Breakdown
(c) Doors, windows or other openings. Accident results, we will pay for that But if loss or damage by fire, explosion resulting physical loss or physical damage. or sprinkler leakage results, we will d. Frozen Plumbing: Water, other liquids, pay for that resulting physical loss or powder or molten material that leaks or physical damage. flows from plumbing, heating, air
(5) Water damage caused by or resulting conditioning or other equipment (except from earthquake or volcanic eruption: fire protective systems) caused by or (a) Earthquake means a shaking or resulting from freezing, unless:
trembling of the earth's crust, caused (1) You do your best to maintain heat in by underground tectonic forces the building or structure; or resulting in breaking, shifting, rising,
(2) You drain the equipment and shut off
settling, sinking or lateral movement the supply if the heat is not maintained. or other movement;
e. Dishonesty: Dishonest or criminal act by
(b) Volcanic eruption means the you, any of your partners, "members" eruption, explosion or effusion of a officers, "managers", employees, directors, volcano.
trustees, authorized representatives or
g. Neglect anyone to whom you entrust the property
Neglect of an insured to use all reasonable for any purpose:
means to save and preserve property from (1) Acting alone or in collusion with others; further damage at and after the time of or
loss.
(2) Whether or not occurring during the
2. We will not pay for physical loss or physical hours of employment. damage caused by or resulting from: This exclusion does not apply to acts of a. Consequential Losses: Delay, loss of use destruction by your employees; but theft by or loss of market. employees is not covered.
b Smoke, Vapor, Gas: Smoke, vapor or gas f. False Pretense: Voluntary parting with from agricultural smudging or industrial any property by you or anyone else to operations. whom you have entrusted the property if
Miscellaneous Types of Loss: induced to do so by any fraudulent C.
scheme, trick, device or false pretense.
(1) Wear and tear; g. Exposed Property: Rain, snow, ice or (2) Rust, corrosion, fungus, decay, sleet to personal property in the open, deterioration, hidden or latent defect or except as provided in the Coverage any quality in property that causes it to Extension for Outdoor Property. damage or destroy itself; h. Collapse: Collapse, except as provided in (3) Smog; the Additional Coverage for Collapse. But if
(4) Settling, cracking, shrinking or loss or damage by a Covered Cause of Loss results at the "scheduled premises", we will
expansion;
pay for that resulting loss or damage.
(5) Nesting or infestation, or discharge or i. Pollution: We will not pay for loss or release waste products or
secretions, by insects, birds, rodents, damage caused by or resulting from the mold, spore or other animals; discharge, dispersal, seepage, migration, release or escape of "pollutants and
Form SS 00 07 07 05 Page 17 of 25
SPECIAL PROPERTY COVERAGE FORM
contaminants" the discharge, 5. Equipment Breakdown Exclusion dispersal, seepage, migration, release or We will not pay for physical loss or physical escape is itself caused by any of the damage caused by or resulting from any of the "specified causes of loss." But if physical
following tests:
loss or physical damage by the "specified
causes of loss" results, we will pay for the (a) A hydrostatic, pneumatic or gas pressure resulting physical loss or physical damage test of any boiler or pressure vessel; or caused by the "specified cause of loss." (b) An insulation breakdown test of any type of
3. We will not pay for loss or damage caused by or electrical equipment. resulting from any of the following. But if physical C. LIMITS OF INSURANCE loss or physical damage by a Covered Cause of 1. The most we will pay for physical loss or Loss results, we will pay for that resulting physical physical damage in any one occurrence is the loss or physical damage. applicable Limit of Insurance shown in the a. Weather conditions: Weather conditions. Declarations.
This exclusion only applies if weather
2. The most we will pay for physical loss of or
conditions contribute in any way with a physical damage to outdoor signs attached to cause or event excluded in paragraph 1.
buildings is $5,000 per sign in any one
above to produce the physical loss or
occurrence.
physical damage.
3. The limits applicable to:
b. Acts or Decisions: Acts or decisions,
including the failure to act or decide, of any a. Coverage Extensions; and person, group, organization or governmental b. The following Additional Coverages:
body. (1) Accounts Receivable,
c. Negligent Work: Faulty, inadequate or (2) Fire Department Service Charges, defective:
(3) Fire Extinguisher Recharge, and
(1) Planning, zoning, development,
(4) "Pollutants and Contaminants" Clean
surveying, siting;
Up and Removal
(2) Design, specifications, workmanship,
construction, renovation, are in addition to the Limits of Insurance. repair,
remodeling, grading, compaction; 4. Payments under the following Additional (3) Materials used in repair, construction, Coverages will not increase the applicable renovation or remodeling; or Limit of Insurance:
(4) Maintenance of part or all of any property a. Preservation of Property; or on or off the "scheduled premises".
b. Debris Removal; but if:
4. Business Income and Extra Expense
(1) The sum of direct physical loss or
Exclusions. We will not pay for:
physical damage and Debris Removal
a. Any Extra Expense, or increase of Business expense exceeds the Limit of Income loss, caused by or resulting from: Insurance; or (1) Delay in rebuilding, repairing or replacing (2) The Debris Removal expense exceeds the property or resuming "operations", the amount payable under the 25% due to interference at the location of the limitation in the Debris Removal rebuilding, repair or replacement by Additional Coverage. strikers or other persons; or
We will pay up to an additional $10,000 for
(2) Suspension, lapse or cancellation of any each location stated in the Declarations in license, lease or contract. But if the any one occurrence under the Debris suspension, lapse or cancellation is Removal Additional Coverage. directly caused by the suspension of 5. Building Limit - Automatic Increase "operations', we will cover such loss
that affects your Business Income a. The Limit of Insurance for Buildings will automatically increase annually by 8%.
during the "period of restoration".
b. The amount of increase will be:
b. Any other consequential loss.
(1) The Limit of Insurance for Buildings that
applied on the most recent of the policy
SPECIAL PROPERTY COVERAGE FORM
inception date, policy anniversary date, a. Building Glass or the date of any other policy change b. Glass Expense amending the Buildings limit, times
c. Tenant Glass
(2) The percentage of annual increase
shown above, expressed as a decimal 4. Unless a separate deductible is shown in the (.08); times Declarations, the deductible applicable to the following Additional Coverages or Coverage
(3) The number of days since the beginning Extensions is $250, whether the coverage is of the current policy year or the effective provided under this coverage form, provided date of the most recent policy change on a separate coverage form or the coverage amending the Limit of Insurance for is provided in a form that includes a package of Buildings, divided by 365. coverages, such as a Stretch endorsement:
Example: The applicable Limit of Insurance a. Accounts Receivable; for Buildings is $100,000. The annual
percentage increase is 8%. The number of b. Fine Arts
days since the beginning of the policy c. Outdoor Signs; and period (or last policy change) is 146. d. "Valuable Papers and Records"; The amount of increase is: 5. Unless a separate deductible is shown in the $100,000 X .08 X 146 divided by 365 = Declarations, the deductible applicable to the $3,200 following Additional Coverages or Coverage
6. Business Personal Property Limit - Extensions is $100, whether the coverage is Seasonal Increase provided under this coverage form, provided on a separate coverage form or the coverage
a. The Limit of Insurance for Business is provided in a form that includes a package of Personal Property will automatically
coverages, such as a Stretch endorsement:
increase by 25% to provide for seasonal
a. Employee Dishonesy; and
variations.
b. Temperature Change.
b. This increase will apply only if all Limits of
Insurance shown in the Declarations for 6. No deductible applies to the following Coverage Business Personal Property at the Extensions and Additional Coverages:
"scheduled premises" is at least 100% of a. Fire Extinguisher Recharge; your average monthly values during the b. Preservation of Property; lesser of:
c. Fire Department Service Charge;
(1) The 12 months immediately preceding
d. Business Income, Extra Expense, Civil
the date the physical loss or physical Authority and Extended Business Income; damage occurs; or
e. Arson Reward; and
(2) The period of time you have been in
f. Lock and Key Replacement
business as of the date the physical
loss or physical damage occurs. 6. The Deductible applicable to the following Additional Coverages is the policy deductible
D. DEDUCTIBLES or the deductible shown in the Declarations for
1. We will not pay for physical loss or physical the following coverage:
damage in any one occurrence until the a. Equipment Breakdown; amount of physical loss or physical damage
exceeds the Deductible shown in the b. Ordinance or Law Coverage; and Declarations. We will then pay the amount of c. Leasehold Improvements. loss or damage in excess of the Deductible up 7. Each deductible applicable to this policy shall be to the applicable Limit of Insurance. applied separately but only to the coverage
2. Except as otherwise listed, the deductible specified, and the total deductible for all losses in applicable to Additional Coverages and any one occurrence shall be the highest Coverage Extensions is the Special Property deductible amount that applies to the occurrence.
Coverage Form is $250. E. PROPERTY LOSS CONDITIONS
A $250 deductible applies to the following 1. Abandonment Glass Coverages, unless Glass Coverage is There can be no abandonment of any property provided under a separate coverage form:
to us.
Form SS 00 07 07 05 Page 19 of 25
SPECIAL PROPERTY COVERAGE FORM
2. Appraisal h. Send us a signed, sworn statement of loss If we and you disagree on the amount of loss, containing the information we request to either may make written demand for an investigate the claim. You must do this appraisal of the loss. In that event, each party within 60 days after our request. We will will select a competent and impartial appraiser. supply you with the necessary forms.
The two appraisers will select an umpire. If Cooperate with us in the investigation or they cannot agree, either may request that settlement of the claim. selection be made by a judge of a court having j. Resume part or all of your "operations" as jurisdiction. The appraisers will state quickly as possible. separately the amount of loss.
4. Legal Action Against Us
If they fail to agree, they will submit their
No one may bring a legal action against us
differences to the umpire. A decision agreed to
under this insurance unless:
by any two will be binding. Each party will:
a. There has been full compliance with all of
a. Pay its chosen appraiser; and
the terms of this insurance; and
b. Bear the other expenses of the appraisal b. The action is brought within 2 years after and umpire equally.
the date on which the direct physical loss
If there is an appraisal, we will still retain our or physical damage occurred. right to deny the claim. 5. Loss Payment
3. Duties In The Event Of Loss Or Damage In the event of physical loss or physical You must see that the following are done in the damage covered by this policy:
event of loss of or damage to Covered Property: a. At our option we will either:
a. Notify the police if a law may have been (1) Pay the value of physically lost or broken. physically damaged property, as
b. Give us prompt notice of the physical loss described in paragraph d. below; or physical damage. Include a description (2) Pay the cost of repairing or replacing of the property involved. the physically lost or physically c. As soon as possible, give us description of damaged property, plus any reduction how, when and where the physical loss or in value of repaired items; physical damage occurred (3) Take all or any part of the property at d. Take all reseasonable steps to protect the an agreed or appraised value; or Covered Property from further damage by (4) Repair, rebuild or replace the property a Covered Cause of Loss. If feasible, set with other property of like kind and the damaged property aside in the best quality.
possible order for examination. Also, keep
b. We will give notice of our intentions within
a record of your expenses for emergency
30 days after we receive the sworn
and temporary repairs, for consideration in statement of loss. the settlement of the claim.
c. We will not pay you more than your
This will not increase the Limits of Insurance. financial interest in the Covered Property. e. At our request, give us complete d. We will determine the value of Covered inventories of the damaged and Property as follows:
undamaged property. Include quantities,
costs, values and amount of loss claimed. (1) At replacement cost (without deduction for depreciation), except as provided in
f. Permit us to inspect the property and records
proving the loss or damage. Also permit us to (2) through (7) below. take samples of damaged property for (a) You may make a claim for physical inspection, testing and analysis. loss or physical damage covered g. If requested, permit us to question you by this insurance on an actual under oath at such times as may be cash value basis instead of on a reasonably required about any matter replacement cost basis. In the relating to this insurance or your claim, event you elect to have physical including your books and records. In such loss or physical damage settled on event, your answers must be signed. an actual cash value basis, you may still make a claim on a
SPECIAL PROPERTY COVERAGE FORM
replacement cost basis if you (c) Household contents, except notify us of your intent to do so personal property in apartments or within 180 days after the physical rooms furnished by you as landlord. loss or physical damage. (4) Glass at the cost of replacement with (b) We will not pay on a replacement safety glazing material if required by cost basis for any physical loss or law.
physical damage: (5) "Tenants' Improvements and
(i) Until the physically lost or Betterments" at:
physically damaged property (a) Replacement cost if you make actually or repairs promptly.
replaced; and (b) A proportion of your original cost if (ii) Unless the repairs or you do not make repairs promptly. replacement are made as We will determine the proportionate soon as reasonably possible value as follows:
after the physical loss or (i) Multiply the original cost by the physical damage. number of days from the
However, if the cost to repair or physical loss or physical replace the damaged property is damage to the expiration of $2,500 or less, we will settle the the lease; and
loss according to the provisions of (Il) Divide the amount determined Paragraphs d.(1)(a) and d.(1)(b) in (i) above by the number of above whether or not the actual days from the installation of repair or replacement is complete. improvements to the expiration (c) We will not pay more for physical of the lease.
loss or physical damage on a
If your lease contains a renewal
replacement cost basis than the
option, the expiration of the renewal
least of:
option period will replace the
(i) The cost to replace, on the expiration of the lease in this same premises, the physically procedure.
lost or physically damaged (c) Nothing, if others pay for repairs or property with other property of replacement.
comparable material and
(6) "Valuable Papers and Records", at the
quality and which is used for cost of:
the same purpose; or
(a) Blank materials for reproducing the
(ii) The amount you actually records; and
spend that is necessary to
repair or replace the physically (b) Labor to transcribe or copy the lost or physically damaged records.
property. (7) "Money" and "Securities":
(2) If the Actual Cash Value - Buildings (a) "Money" at its face value; and option applies, as shown in the
Declarations, paragraph (1) above (b) "Securities" at their value at the does not apply to Buildings. Instead, close of business on the day the will determine the value of loss is discovered.
we
Buildings at actual cash value. (8) The value of United States Government (3) The following property at actual cash Internal Revenue taxes and custom value: duties and refundable state and local
(a) Manuscripts; taxes paid or fully determined on the
following property held for sale will not be
(b) Works of art, antiques or rare considered in determining the value of articles, including etchings, pictures, Covered Property:
statuary, objects of marble, bronzes,
porcelains and bric-a-brac. (a) Distilled spirits;
(b) Wines;
Form SS 00 07 07 05 Page 21 of 25
SPECIAL PROPERTY COVERAGE FORM
(c) Rectified products; or f. We may elect to defend you against suits (d) Beer. arising from claims of owners of property.
We will do this at our expense.
(9) Applicable to Accounts Receivable:
g. We will pay for covered physical loss or
(a) If you can not accurately establish physical damage within 30 days after we the amount of the accounts
receive the sworn statement of loss, if:
receivable outstanding as of the
time of physical loss or physical (1) You have complied with all of the damage the following method will terms of this policy; and (2) (a) We have reached agreement with
(i) Determine the total of the you on the amount of loss, or average monthly value (b) An appraisal award has been made. accounts receivable for 12
h. The following condition applies to any loss
months immediately preceding payment for Extra Expense:
the month in which the direct
We will deduct from the total Extra
physical loss or physical
damage occurred; and Expense to be paid:
(i) Adjust the total determined in (1) The salvage value that remains of any property bought for temporary use
paragraph (i) above for any
during the Period of Restoration, once
normal fluctuations in the
value of accounts receivable business operations are resumed; and for the month in which the (2) Any Extra Expense that is paid for by direct physical loss or physical other insurance.
damage occurred for any 6. Recovered Property
demonstrated variance from
If either you or we recover any property after
the average of that month.
loss settlement, that party must give the other
(b) The following will be deducted prompt notice. At your option, you may retain from the total value of accounts the property. But then you must return to us the receivable, however that value is amount we paid to you for the property. We will established: pay recovery expenses and the expenses to
(i) The value of the accounts for repair the recovered property, subject to the which there is no physical loss Limits of Insurance.
or physical damage; 7. Resumption of Operations
(il) The value of the accounts that In the event of physical loss or physical you are able to re-establish or damage at the "scheduled premises" you must collect; resume all or part of your "operations" as
(ii) A value to allow for probable quickly as possible. bad debts that you are We will reduce the amount of your:
normally unable to collect; and
a. Business Income loss, other than Extra
(iv) All unearned interest and Expense, to the extent you can resume services charged your "operations", in whole or in part, by e. Our payment for physical loss of or using damaged or undamaged property (including merchandise or stock) at the
physical damage to personal property of "scheduled premises" or elsewhere. others will only be for the account of the
owners of the property. We may adjust b. Extra Expense loss to the extent you can losses with the owners of physically lost or return "operations" to normal and physically damaged property if other than discontinue such Extra Expense. you. If we pay the owners, such payment 8. Vacancy
will satisfy your claims against us for the a. Description of Terms owners' property. (1) As used in this Vacancy Condition, the We will not pay the owners more than their term building and the term vacant have financial interest in the Covered Property. the meanings set forth in Paragraphs.
SPECIAL PROPERTY COVERAGE FORM
(a) and (b) below: F. PROPERTY GENERAL CONDITIONS
(a) When this policy is issued to a 1. Control of Property tenant, and with respect to that Any act or neglect of any person other than tenant's interest in Covered
you beyond your direction or control will not
Property, building means the unit affect this insurance. or suite rented or leased to the
The breach of any condition of this Coverage
tenant. Such building is vacant
Form at one or more locations will not affect
when it does not contain enough
coverage at any location where, at the time of
business personal property to
physical loss or physical damage, the breach
conduct customary operations. of condition does not exist. (b) When this policy is issued to the 2. Mortgage Holders owner or general lessee of a a. The term mortgage holder includes trustee. building, building means the entire
building. Such building is vacant b. We will pay for covered physical loss of or unless at least 31% of its total physical damage to buildings or structures square footage is: to each mortgage holder shown in the Declarations in their order of precedence,
(i) Rented to a lessee or sub-
as interests may appear.
lessee and used by the lessee
or sub-lessee to conduct its c. The mortgage holder has the right to customary operations; and/or receive loss payment even if the mortgage holder has started foreclosure or similar
(ii) Used by the building owner to
action on the building or structure.
conduct customary operations.
d. If we deny your claim because of your acts
(2) Buildings under construction or renovation
or because you have failed to comply with
are not considered vacant.
the terms of this policy, the mortgage
b. Vacancy Provisions holder will still have the right to receive If the building where physical loss or loss payment if the mortgage holder:
physical damage occurs has been vacant (1) Pays any premium due under this for more than 60 consecutive days before policy at our request if you have failed that physical loss or physical damage to do so;
occurs:
(2) Submits a signed, sworn statement of
(1) We will not pay for any physical loss or loss within 60 days after receiving notice physical damage caused by any of the from us of your failure to do so; and following even if they are Covered (3) Has notified us of any change in Causes of Loss: ownership, occupancy or substantial
(a) Vandalism; change in risk known to the mortgage
holder.
(b) Sprinkler leakage, unless you had All of the terms of this policy will then apply protected the system against directly to the mortgage holder. freezing;
e. If we pay the mortgage holder for any
(c) Building glass breakage; physical loss or physical damage and deny (d) Water damage; payment to you because of your acts or (e) Theft; or because you have failed to comply with the terms of this policy:
(f) Attempted theft. (1) The mortgage holder's rights under the (2) With respect to Covered Causes of mortgage will be transferred to us to Loss other than those listed in b. (1)(a) the extent of the amount we pay; and through b. (1)(f) above, we will reduce (2) The mortgage holder's rights to recover the amount we would otherwise pay for the full amount of the mortgage holder's the physical loss or physical damage claim will not be impaired.
At our option, we may pay to the mortgage
holder the whole principal on the mortgage
plus any accrued interest. In this event,
your mortgage and note will be transferred
to us and you will pay your remaining
mortgage debt to us.
Form SS 00 07 07 05 Page 23 of 25
SPECIAL PROPERTY COVERAGE FORM
f. If we cancel this policy, we will give written 2. "Computer Equipment" means "computers", notice to the mortgage holder at least: "peripheral devices", "media", and manuals (1) 10 days before the effective date of that are purchased to be used in conjunction cancellation if we cancel for your non with hardware and "software". payment of premium; or 3. "Counterfeit" means an imitation of an actual (2) 30 days before the effective date of valid original which is intended to deceive and cancellation if we cancel for any other to be taken as the original. reason. 4. "Data" means information or facts stored in a g. If we elect not to renew this policy, we will "computer's" memory, on "software" or on give written notice to the mortgage holder "media".
at least 10 days before the expiration date 5. "Finished Stock" means stock you have of this policy. manufactured.
3. No Benefit to Bailee "Finished Stock" does not include stock you No person or organization, other than you, have manufactured that is held for sale on the having custody of Covered Property will benefit premises of any retail outlet insured under this from this insurance. policy.
4. Policy Period, Coverage Territory 6. "Manager" means a person serving in a directorial capacity for a limited liability
Under this form:
company.
a. We cover physical loss or physical
7. "Media" means the material used solely with
damage commencing: the "computer" or "peripheral device" upon (1) During the policy period shown in the which "software" or "data" is stored, such as Declarations; and tapes, CD-ROMs or disks.
(2) Within the coverage territory or, with 8. "Member" means an owner of a limited liability respect to property in transit, while it is company represented by its membership between points in the coverage interest, who also may serve as a "manager". territory. 9. "Messenger" means you, any any of your
But we do not cover physical loss or partners or any employee while having care physical damage that is also covered by a and custody of the property outside your preceding policy. premises.
b. The coverage territory is: 10. "Money" means:
(1) The United States of America (including a. Currency, coins and bank notes whether or its territories and possessions); not in current use; and (2) Puerto Rico; and b. Travelers checks, registered checks and (3) Canada. money orders held for sale to the public.
5. Additional Conditions 11. "Operations" means your business activities occurring at the "scheduled premises" and
The following conditions apply to paragraph tenantability of the "scheduled premises".
A.5.u., Forgery Additional Coverage:
12. "Period of Restoration" means the period of
a. We will treat mechanically reproduced
time that:
facsimile signatures the same as
handwritten signatures. a. Begins with the date of direct physical loss or physical damage caused by or resulting
b. You must include with your proof of loss
from a Covered Cause of Loss at the
any instrument involved in that loss, or, if
that is not possible, an affidavit setting "scheduled premises", and forth the amount and cause of loss. b. Ends on the date when:
c. The Coverage Territory is revised to cover (1) The property at the "scheduled loss you sustain anywhere in the world. premises" should be repaired, rebuilt or replaced with reasonable speed and
G. PROPERTY DEFINITIONS
similar quality;
1. "Computer" means a programmable electronic
(2) The date when your business is
device that can store, retrieve and process
resumed at a new, permanent location.
"data".
SPECIAL PROPERTY COVERAGE FORM
"Period of Restoration" does not include 19. "Specified Cause of Loss" means the following:
any increased period required due to Fire; lightning; explosion, windstorm or hail; enforcement of any law that: smoke; aircraft or vehicles; riot or civil a. Regulates the construction, use or repair, commotion; vandalism; leakage from fire or required the tearing down of any extinguishing equipment; sinkhole collapse; property: or volcanic action; falling objects; weight of snow, b. Regulates the prevention, control, repair, ice or sleet; water damage. clean up or restoration of environmental a. Sinkhole collapse means the sudden damage. sinking or collapse of land into
The expiration date of this policy will not cut underground empty spaces created by the short the "period of restoration". action of water on limestone or dolomite. It does not include the cost of filling
13. "Peripheral Device" means any physical unit sinkholes. used to operate the "computer' that cannot be
used for purposes other than as part of the b. Falling objects does not include loss of or computer's system, such as tape or disk damage to:
drives, printers, or modems. (1) Personal property in the open; or
14. "Perishable Stock" means personal property: (2) The interior of a building or structure, a. Maintained under controlled conditions for or property inside a building or its preservation; and structure, unless the roof or an outside wall of the building or structure is first
b. Susceptible to physical loss or physical
damaged by a falling object.
damage if the controlled conditions
c. Water damage means accidental
change.
discharge or leakage of water or steam as
15. "Pollutants and Contaminants" means any
the direct result of the breaking or cracking
solid, liquid, gaseous or thermal irritant or of any part of a system or appliance contaminant, including smoke, vapors, soot,
containing water or steam.
fumes, acids, alkalis, chemicals and waste, or
any other material which causes or threatens 20. "Suit" means a civil proceeding and includes:
to cause physical loss, physical damage, a. An arbitration proceeding in which impurity to property, unwholesomeness, damages are claimed and to which you undesirability, loss of marketability, loss of use must submit or do submit with our consent; of property, or which threatens human health or
or welfare. Waste includes materials to be alternative dispute resolution b. Any other
recycled, reconditioned or reclaimed. proceeding in which damages are claimed
16. "Scheduled Premises" means any premises and to which you submit with our consent. listed by location address in the Scheduled 21. "Tenant Improvements and Betterments" Premises section of the Declarations.
fixtures, alterations, installations or
17. "Securities" means negotiable and additions made a part of the Building you nonnegotiable instruments or contracts occupy but do not own and that you cannot representing either "money" or other property legally remove; and and includes:
a. Which are made at your expense; or
a. Tokens, tickets except Lottery Tickets, b. That you acquired from the prior tenant at revenue and other non-postage stamps your expense.
whether or not in current use; and
22. "Theft" means the act of stealing.
b. Evidences of debt issued in connection
with credit or charge cards, which are not 23. "Valuable papers and records" means inscribed, printed or written documents,
of your own issue;
manuscripts or records, including abstracts,
but does not include "money." books, deeds, drawings, films, maps or
18. "Software" means instructions or programs that mortgages. are stored on "media" and which instruct the But "valuable papers and records" does not hardware as to how to process "data". mean "money" and "securities", "data" and "software" or the materials on which the "data"
and "software" is recorded.
Form SS 00 07 07 05 Page 25 of 25
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05
© 2005, The Hartford
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy 15
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15
3. Financial Responsibility Laws 16
4. Legal Action Against Us 16
5. Separation Of Insureds 16
6. Representations 16
7. Other Insurance 16
8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.
A. COVERAGES (a) The "bodily injury" or "property
damage" is caused by an
1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the INJURY, PROPERTY DAMAGE, PERSONAL "coverage territory";
AND ADVERTISING INJURY)
(b) The "bodily injury" or "property
Insuring Agreement
damage" occurs during the policy
a. We will pay those sums that the insured period; and
becomes legally obligated to pay as
(c) Prior to the policy period, no insured
damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal
C. - Who Is An Insured and no
advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any
or claim, knew that the "bodily injury"
seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and
knew, prior to the policy period, that
advertising injury" to which this insurance
the "bodily injury" or "property
does not apply. damage" occurred, then any
We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period.
Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of ommitted in the "coverage territory insurance in the payment of judgments, luring the policy perios settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. - Who Is An Insured or any "employee" Extension - Supplementary Payments. authorized by you to give or receive notice of an "occurrence" or claim:
b. This insurance applies:
(1) Reports all, or any part, of the "bodily
(1) To "bodily injury" and "property injury" or "property damage" to us or damage" only if: any other insurer;
Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for:
"bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident;
d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral
e. Incidental Medical Malpractice services.
(1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend:
be deemed to be caused by an
"occurrence", but only if: (1) All expenses we incur.
(a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability Coverage for "bodily injury" applies. We
(b) You are not engaged in the
do not have to furnish these bonds.
business or occupation of providing
such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond amounts within the applicable limit of
limits of insurance for incidental medical
insurance. We do not have to furnish
malpractice, any act or omission
these bonds.
together with all related acts or
omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence". investigation or defense of the claim or
2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off
Insuring Agreement from work.
a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit".
accident: (6) Prejudgment interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not
(3) Because of your operations; pay any prejudgment interest based on that period of time after the offer.
provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by
physicians of our choice as often as we
reasonably require.
BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. - that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will not reduce the Limits of Insurance.
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as Supplementary Payments ends when:
(4) The allegations in the "suit" and the
information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in
(5) The indemnitee and the insured ask Paragraph (6) above, are no longer met. us to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit"
1. Applicable To Business Liability Coverage
and agree that we can assign the
same counsel to defend the insured This insurance does not apply to:
and the indemnitee; and a. Expected Or Intended Injury
(6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This
(i) Cooperate with us in the
exclusion does not apply to "bodily
investigation, settlement or
injury" or "property damage" resulting
defense of the "suit";
from the use of reasonable force to
(ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers
out of an offense committed by, at the
received in connection with direction of or with the consent or the "suit";
acquiescence of the insured with the
(iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury".
indemnitee; and b. Contractual Liability
(iv) Cooperate with us with
respect to coordinating other (1) "Bodily injury" or "property damage"; or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of:
"suit": and (a) "Bodily injury", "property damage" or
(ii) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" consequence of (1) above.
subsequent to the execution of the This exclusion applies:
contract or agreement. Solely for
the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and
litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured
(i) Liability to such party for, or for contract".
the cost of, that party's defense f. Pollution
has also been assumed in the
same "insured contract", and (1) "Bodily injury", "property damage" or "personal and advertising injury"
(ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants":
resolution proceeding in which
damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or
c. Liquor Liability rented or loaned to any insured.
"Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to:
reason of:
(i) "Bodily injury" if sustained within
(1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, or equipment that is used to
(3) Any statute, ordinance or regulation
heat water for personal use, by
relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests;
This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or
d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your
Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that
e. Employer's Liability premises, site or location and
"Bodily injury" to: such premises, site or location
is not and never was owned or
(1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or
BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performe
smoke or fumes from a by such insured, contractor o
"hostile fire"; subcontractor;
(b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection
(c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (iii) "Bodily injury" or "property
damage" arising out of heat,
(i) Any insured; or
smoke or fumes from a
(i) Any person or organization for "hostile fire"; or
whom you may be legally
responsible; (e) At or from any premises, site or
location on which any insured or any
(d) At or from any premises, site or
contractors or subcontractors
location on which any insured or
working directly or indirectly on any
any contractors or subcontractors insured's behalf are performing working directly or indirectly on
operations if the operations are to
insured's behalf are
operations if the test for, monitor, clean up, remove,
performing contain, treat, detoxify or neutralize,
"pollutants" are brought on or to
or in any way respond to, or assess
the premises, site or location in the effects of, "pollutants". connection with such operations
by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any:
subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, "pollutants"; or
hydraulic or
mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other containing, treating, yet oking or operating fluids escape from a
vehicle part designed to hold. neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or the fuels, would have in the absence of such
lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of fluids are brought on or to the governmental authority. intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a ut of the ownership, maintenance, use o prearranged racing, speed entrustment to others of any aircraft, "auto demolition contest or in any stunting or watercraft owned or operated by or rented activity.
or loaned to any insured. Use includes i. War
operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of:
other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others
by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution,
This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or
(1) A watercraft while ashore on premises defending against any of these. you own or rent;
j. Professional Services
(2) A watercraft you do not own that is:
"Bodily injury", "property damage" or
(a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes
(3) Parking an "auto" on, or on the ways but is not limited to:
next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services;
rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications;
(5) "Bodily injury" or "property damage" (3) Supervisory, inspection,architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction;
(6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose has any other insurance for such "bodily
appearance or skin enhancement, hair
injury" or "property damage", whether
the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming;
(7) Optical or hearing aid services
h. Mobile Equipment
including the prescribing, preparation,
"Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar
(1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or
rented or loaned to any insured; or
BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting, demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To
Premises Rented To You as described in
(a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing);
Paragraph (2) of this exclusion does not
(b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and
rental by you.
(c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and
Paragraphs (3), (4), (5) and (6) of this
(11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site.
Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement,
restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured
(4) Personal property in the care, custody
or control of the insured; "Property damage" to "impaired property" or property that has not been physically
(5) That particular part of real property on injured, arising out of:
which you or any contractors or
subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or "your work"; or arises out of those operations; or (2) A delay or failure by you or anyone That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms.
incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business is:
expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or
(1) "Your product"; (c) An Internet search, access,
(2) "Your work; or content or service provider.
(3) "Impaired property; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. - because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions.
condition in it.
For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your website, by (1) Arising out of oral, written or electronic itself, is not considered the business of advertising, broadcasting,
publication of material, if done by or at
publishing or telecasting;
the direction of the insured with
knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the insured hosts,
(2) Arising out of oral, written or electronic
owns, or over which the insured
publication of material whose first
exercises control;
publication took place before the
beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail
(3) Arising out of a criminal act committed
address, domain name or metatags, or
by or at the direction of the insured;
any other similar tactics to mislead
(4) Arising out of any breach of contract, another's potential customers; except an implied contract to use
another's "advertising idea" in your (11) Arising out of the violation of a "advertisement"; person's right of privacy created by
any state or federal act.
(5) Arising out of the failure of goods,
products or services to conform with However, this exclusion does not apply to liability for damages that the
statement of quality
insured would have in the absence of
performance made in your
"advertisement"; such state or federal act;
(12) Arising out of:
(6) Arising out of the wrong description of
the price of goods, products or services; (a) An "advertisement" for others on your web site;
(7) Arising out of any violation of any
intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes
However, this exclusion does not information, code, sounds, text, apply infringement, in your graphics or images; or
"advertisement", of (d) Computer code, software or
(a) Copyright; programming used to enable:
(b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site;
BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit
(14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would
not have occurred in whole or in
(15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the
direction of any "executive officer", (b) Arise out of any request, demand, order or statutory or regulatory
director, stockholder, partner or
member of the insured. requirement that any insured or
others test for, monitor, clean up,
q. Electronic Data
remove, encapsulate, contain,
Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data".
(c) Arise out of any claim or suit for
r. Employment-Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating,
detoxifying or neutralizing or in any
(1) A person arising out of any:
way responding to or assessing the
(a) Refusal to employ that person; effects of an "asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other
(c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information
coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the
(2) The CAN-SPAM Act of 2003, including
person at whom any of the
employment-related any amendment of or addition to such practices
described in Paragraphs (a), (b), or (c) law; or
above is directed. (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act
This exclusion applies: of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and
Damage To Premises Rented To You-
(2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion
pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or
(1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance applies to this coverage as described in
(2) Any damages, judgments, settlements, Section D. - Liability And Medical Expenses loss, costs or expenses that:
Limits Of Insurance.
Form SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees.
a. Any Insured
To any insured, except "volunteer workers". 2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your "employees", other
c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company, but only for acts Laws within the scope of their employment by
you or while performing duties related to
To a person, whether or not an
"employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury':
To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability
company), or to a co-"employee"
f. Products-Completed Operations Hazard
while in the course of his or her
Included with the "products-completed employment or performing duties operations hazard" related to the conduct of your
g. Business Liability Exclusions business, or to your other "volunteer workers" while
Excluded under Business Liability Coverage.
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above;
b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or
c. A limited liability company, you are an (b) above; or insured. Your members are also insureds,
but only with respect to the conduct of your (d) Arising out of his of her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury" arising out of an offense committed
a partnership or joint venture), or
any member (if you are a limited before you acquired or formed the liability company. organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of
The insurance afforded herein for any
such person is also an insured, but only with
subsidiary not shown in the Declarations
respect to liability arising out of the operation
as a named insured does not apply to
of the watercraft, and only if no other
injury or damage with respect to which an
insurance of any kind is available to that
insured under this insurance is also an
person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an
additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. - Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual
course of business. in
This insurance does not apply to:
connection with the distribution
(a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by
insured person or organization from
reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to into,
entering accompanying or
liability for damages that the containing such products. vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily
(c) Any physical or chemical change
"property damage" or
in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your
except maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such spection, demonstration, testin
• the substitution of parts und
instructions from the manufacturer,
and then repackaged in the
original container;
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this pertormed for the state or insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, (1) Any other person or organization who construction demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or
respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (il) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising "property damage induded
arising out of the rendering of or the the "products-
failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. - Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability
Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You Limit is the most we will pay under Business
we will pay regardless of the number of:
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner.
2. Aggregate Limits
The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and
You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the
6. How Limits Apply To Additional Insureds
Declarations.
Damages because of all other "bodily The most we will pay on behalf of a person or b.
injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political ebaratelv to each of vour "locations' subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses
(3) Cooperate with us in the investigation,
limit set forth in Paragraph 3. above.
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to
(4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended
liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the
a. Notice Of Occurrence Or Offense
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as However, this provision does not apply to soon as
practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or permit that this insurance is primary and
the extent possible, notice should include:
non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance. or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. knownto:
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards
a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c.
No person or organization has a right under
this Coverage Form: below.
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not pavable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion insurance for premises rented to you
applicable limit of insurance. An agreed
settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for
Except with respect to the Limits of Insurance,
"property damage" to premises rented
and any rights or duties specifically assigned
in this policy to the first Named Insured, this to you or temporarily occupied by you with permission of the owner;
insurance applies:
a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of
a claim is made or "suit" is brought.
Section A. - Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. - representations you made to us; and Coverages.
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An
We will share the remaining loss, if any, with
Additional Insured To This
any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is
Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or contribution from that other
transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
amended to include as an additional insured
If listed or shown as applicable in the Declarations,
the person(s) or organization(s) shown in the
one or more of the following Optional Additional
Declarations as an Additional Insured -
Insured Coverages also apply. When any of these
Grantor Of Franchise, but only with respect to
Optional Additional Insured Coverages apply,
their liability as grantor of franchise to you.
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured - Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or use of equipment leased to you by such
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
Leased
b. In connection with your premises owned
by or rented to you. a. WHO IS AN INSURED under Section C. is amended to include as an additional
2. Additional Insured - Managers Or Lessors
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured - Owners Or Other Interests From amended to include as an additional insured
Whom Land Has Been Leased, but only
the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to This insurance does not apply to:
these additional insureds, the following
additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new construction or demolition operations
after you cease to be a tenant in that
premises: or performed by or on behalf of such
person or organization.
(2) Structural alterations, new
construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision - Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
BUSINESS LIABILITY COVERAGE FORM
Insured - State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: I Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for
the state or municipality; or
(g) Products which, after distribution
"Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. ontainer, part or ingredient of ar
7. Additional Insured - Vendors ther thing or substance by or fo a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's
(i) The exceptions contained in
business and only if this Coverage Part
Subparagraphs (d) or (f); or
provides coverage for "bodily injury" or
"property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products.
obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, into,
vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organizations) shown in the by the vendor; Declarations as an Additional Insured -
Controlling Interest, but only with respect to
1) Sopackagine purpose of inspector their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance
9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured - Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf:
(3) Billboard;
(1) In the performance of your ongoing (4) Magazine;
operations for additional
insured(s); or (5) Newspaper;
(2) In connection "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or "products- services for the purposes of inducing the
and included within the
completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations
hazard". a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or
does not apply to "bodily injury", "property
b. An interactive conversation between or
damage" or "personal advertising
among persons through a computer network.
injury" arising out of the rendering of, or
the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include "mobile equipment".
10. Additional Insured - Co-Owner Of Insured
Premises "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured - Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means:
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if
a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or
places included in a. above;
b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement. damage arises out of:
12. "Insured contract" means:
(1) Goods or products made or sold by you
a. A contract for a lease of premises.
in the territory described in a. above;
However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a
person or organization for damage by fire,
above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. - Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and
c. Any easement or license agreement,
possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad;
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization,
8. "Employee" includes a "leased worker".
provided the "bodily injury" or "property
"Employee" does not include a "temporary
worker". damage" is caused, in whole or in part, by
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types:
or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning,
(2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render
professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo.
13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos":
your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed
14. "Loading or unloading" means the handling of primarily for:
property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the enerators, building spraying. movement of property by means of a mechanical cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea or style of "advertisement; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes:
your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or
more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent.
organization other than another 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent
working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work":
24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations.
(b) Others trading under your name; b. Includes:
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work"; and
(2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts equipment warnings or instructions
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS LIABILITY COVERAGE FORM
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A Sub-subparagraphs 1.p. (7), (8), (15) of Paragraph (c) An Internet search, access, content or
2., of Section B. Exclusions are deleted and service provider. replaced with the following: However, this exclusion does not p. Personal and Advertising Injury: apply to Paragraphs a., b. and c. of (7) (a) Arising out of any actual or alleged the definition of "personal and infringement or violation of any intellectual advertising injury" under the property right, such as copyright, patent, Definitions Section. trademark, trade name, trade secret, For the purposes of this exclusion, the service mark or other designation of origin placing of frames, borders or links, or or authenticity; or advertising. for you or others
(b) Any injury or damage alleged in any anywhere on the Internet, is not by claim or "suit" that also alleges an itself, considered the business of infringement or violation of any advertising, broadcasting, publishing intellectual property right, whether or telecasting.
such allegation of infringement or (15) Arising out of any access to or disclosure violation is made by you or by any of any person's or organization's other party involved in the claim or confidential or personal information, "suit", regardless of whether this including patents, trade secrets, insurance would otherwise apply. processing methods, customer lists, However, this exclusion does not apply if the financial information, credit card only allegation in the claim or "suit" involving information, health information or any any intellectual property right is limited to: other type of nonpublic information. This (1) Infringement, in your "advertisement", exclusion applies even if damages ar laimed for notification costs credit
monitoring expenses, forensic expenses,
(a) Copyright; public relations expenses or any other
(b) Slogan; or loss, cost or expense incurred by you or (c) Title of any literary or artistic work; others arising out of any access to or disclosure any person's or
or
(2) Copying, in your "advertisement", a organization's confidential or personal person's or organization's "advertising information.
idea" or style of "advertisement". B. Subparagraph 1.r. of Section B. Exclusions is (8) Arising out of an offense committed by an deleted and replaced with the following:
insured whose business is: r. Employment-Related Practices (a) Advertising, broadcasting, publishing "Personal and advertising injury" to:
or telecasting; (1) A person arising out of any "employment- (b) Designing or determining content of related practices"; or web sites for others; or
Form SS 00 60 09 15 Page 1 of 2
(2) The spouse, child, parent, brother or sister However, unless Paragraph (1) above applies, this of that person as a consequence of exclusion does not apply to damages because of "personal and advertising injury" to that "bodily injury". person at whom any "employment-related As used in this exclusion, electronic data means practices" are directed. information, facts or computer programs stored as This exclusion applies: or on, created or used on, or transmitted to or (a) Whether the injury-causing event from computer software (including systems and described definition applications software), on hard or floppy disks, "employment-related practices" CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer
occurs before employment, during
employment or after employment of software which are used with electronically controlled equipment. The term computer
that person;
programs, referred to in the foregoing description
(b) Whether the insured may be liable as of electronic data, means a set of related an employer or in any other capacity; electronic instructions which direct the operations and and functions of a computer or device connected
(c) To any obligation to share damages to it, which enable the computer or device to with or repay someone else who must receive, process, store, retrieve or send data. pay damages because of the injury. D. Sub-subparagraph 7.b.(1) Other Insurance of C. Subparagraph 1.q. "Electronic Data" of Section B. Section E. Liability and Medical Expenses Exclusions is deleted and replaced with the General Conditions is deleted and replaced with following: the following:
q. Access Or Disclosure Of Confidential Or b. Excess Insurance Personal Information And Data-related
(1) Your Work
Liability
That is Fire, Extended Coverage, Builder's
(1) Damages, other than damages because Risk, Installation Risk, Owner Controlled advertising injury", Insurance Program or OCIP, Wrap Up arising out of any access to or disclosure Insurance or similar coverage for "your organization's work".
confidential erson s or personal information,
E. Subparagraph 17. c. "Personal and Advertising
including patents, trade secrets,
methods, customer lists, Injury" of Section G, Liability and Medical processing
financial credit Expenses Definitions is deleted and replaced information,
information, health information or any with the following:
other type of nonpublic information; or "Personal and advertising injury" means injury, (2) Damages arising out of the loss of, loss of including consequential "bodily injury", arising out use of, damage to, corruption of, inability of one or more of the following offenses:
to access, inability to manipulate c. The wrongful eviction from, wrongful entry electronic data. into, or invasion of the right of private This exclusion applies even if damages are occupancy of a room, dwelling or premises claimed for notification costs, credit monitoring that a person or organization occupies expenses, forensic expenses, public relations committed by or on behalf of its owner expenses or any other loss, cost or expense
ncurred by you or others arising out of that which F. Subparagraph 17.h. of Section G, Liability and s described in Paragraph (1) or (2) above Medical Expenses Definitions deleted.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL PROPERTY COVERAGE
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
SPECIAL PROPERTY COVERAGE FORM
A The following changes are made to Paragraph (4) For the purpose of this Coverage A. 5., Additional Coverages: 14) Er hor Extension, check includes a substitute check as defined in the Check
1. Paragraph f., Forgery is deleted and replaced
with the following: Clearing for the 21st Century Act and will be treated the same as the
f. Forgery original it replaced.
(1) We will pay for loss resulting directly (5) We will treat mechanically reproduced from forgery or alteration of any facsimile signatures the same as check, draft, promissory note, or bill of handwritten signatures. exchange or similar written promise of
payment in "money" that you or your (6) The most we will pay in any one agent has issued, or that was issued occurrence, including legal expenses, by someone who impersonates you or under this Additional Coverage is This includes written $5,000, unless a higher Limit of
your agent.
Insurance is shown in the
instruments required in conjunction
Declarations.
with any credit, debit, or charge card
issued to you or any employee for 2. Paragraph i.(2)(c) of the Money and business purposes. Securities Additional Coverage is deleted and (2) If you are sued for refusing to pay the replaced with the following:
check, draft, promissory note, or bill of (c) Loss or damage to "money" and exchange or similar written promise of "securities" following and directly payment in "money" on the basis that related to the use of any it has been forged or altered, and you "computer" to fraudulently cause have our written consent to defend a transfer of that property. against the "suit", we will pay for any B. The following changes are made to Section B., reasonable expenses that you incur EXCLUSIONS
and pay in that defense.
1. Paragraph 1.a., Earth Movement is amended
(3) We will pay for loss resulting directly to add the following:
from your having accepted in good This Exclusion applies regardless of faith, in exchange for merchandise,
"money" or services: whether any of the following is caused by weather, an act of nature, by an artificial,
(a) Money orders, including man-made or other cause.
counterfeit money orders, issued
by any post office, express The following is exclusion is added to Paragraph 1.:
company or bank that are not paid
upon presentation; and Electronic Vandalism or Corruption of (b) Counterfeit United States or "Electronic Data" or Corruption of Canadian paper currency. "Computer Equipment"
Form SS 00 61 07 19 Page 1 of 3
© 2019, The Hartford
This exclusion does not apply to pay for that resulting direct physical loss Electronic Vandalism, form SS 14 29 or or direct physical damage. Mere loss of Electronic Vandalism, form SS 40 08 if use or loss of functionality of any property either form has been made part of this is not considered physical loss or physical policy. damage.
(1) Destruction or corruption of "electronic 3. Paragraph 2. is deleted and replaced with the data" caused by a virus, malicious following:
code or similar instruction introduced We will not pay for loss or damage caused by into or enacted on a computer system or resulting from:
(including "electronic data") or a
network to which it is connected, a. Consequential Losses: Delay, loss of designed to damage or destroy any use or loss of market. part of the system or disrupt its b. Smoke, Vapor, Gas: Smoke, vapor or normal operation. gas from agricultural smudging or
(2) Unauthorized viewing, copying or use industrial operations. of electronic data (or any proprietary c. Miscellaneous Types of Loss:
confidential information or
(1) Wear and tear;
intellectual property in any form) by
any person, even if such activity is (2) Rust, corrosion, fungus, decay, characterized as "theft"; deterioration, hidden or latent defect or any quality in property that causes
(3) Errors or omissions in programming
or processing "electronic data"; it to damage or destroy itself; or deficiency (3) Smog;
(4) Errors in design,
installation, maintenance, repair or (4) Settling, cracking, shrinking or modification of your computer system expansion;
or any computer system or network to (5) Nesting or infestation, or discharge or which your system is connected or on release of waste products or which your system depends (including secretions, by insects, birds, rodents, "electronic data"); mold, spore or other animals;
(5) Manipulation of your computer (6) The following causes of loss to system, including "electronic data", by personal property:
an employee, volunteer worker (a) Dampness or dryness of contractor, for the purpose of diverting
"electronic data" atmosphere;
or destroying
causing fraudulent or illegal transfer of (b) Changes in or extremes of any property; temperature; or
(6) Interruption normal computer (c) Marring or scratching. function or network service or function But if physical loss or physical damage by ue to insufficient capacity to proces the "specified causes of loss", building ransactions or to an overload o glass breakage or Equipment Breakdown activity on the system or network; Accident results, we will pay for that (7) Unexplained or indeterminable failure, resulting physical loss or physical malfunction or slowdown damage.
computer system, including d. Frozen Plumbing: Water, other liquids, "electronic data" and the inability to powder or molten material that leaks or access or properly manipulate the flows from plumbing, heating, air "electronic data"; conditioning or other equipment (except (8) Complete or substantial failure, fire protective systems) caused by or disablement or shutdown of the resulting from freezing, unless:
Internet, regardless of the cause; (1) You do your best to maintain heat in (9) The inability of a computer system to the building or structure; or correctly recognize, process, (2) You drain the equipment and shut off distinguish, interpret or accept one or the supply if the heat is not more dates or times. maintained.
But if direct physical loss or direct physical e. Dishonesty: Dishonest or criminal act by damage occurs to Covered Property from you, any of your partners, "members". a resulting Covered Cause of Loss, we will officers, "managers", employees,
directors, trustees, authorized C. Definition 4., "Data", of Section G., PROPERTY representatives or anyone to whom you DEFINITIONS is deleted and replaced with the entrust the property for any purpose: following.
(1) Acting alone or in collusion with 4. "Electronic data" means information, facts or others; or computer programs stored as or on, created
(2) Whether or not occurring during the or used on, or transmitted to or from computer hours of employment. software (including systems and applications software), on hard or floppy disks, CD-ROMs,
This exclusion does not apply to acts of
tapes, drives, cells, data processing devices
destruction by your employees; but theft or any other repositories of computer software by employees is not covered. which are used with electronically controlled f. False Pretense: Voluntary parting with equipment. The term computer programs, any property by you or anyone else to referred to in the foregoing description of whom you have entrusted the property if electronic data, means a set of related induced to do so by any fraudulent electronic instructions which direct the scheme, trick, device or false pretense. operations and functions of a "computer" or g. Exposed Property: Rain, snow, ice or device connected to it, which enable the sleet to personal property in the open, "computer" or device to receive, process, except as provided in the Coverage store, retrieve or send data.
Extension for Outdoor Property. "Electronic data" it is not considered physical Collapse: Collapse, except as provided in property under this Coverage Part and is the Additional Coverage for Collapse. But covered only as expressly provided for in this if loss or damage by a Covered Cause of Coverage Part. Any such coverage does not Loss results at the "scheduled premises". indicate that "electronic data" is considered to we will pay for that resulting loss or be tangible property subject to physical loss or damage. physical damage for purposes of any business
interruption coverage or other coverage that
i. Pollution: We will not pay for loss or
requires physical loss or physical damage.
damage caused by or resulting from the
discharge, dispersal, seepage, migration,
release or escape of "pollutants. and
contaminants" unless the discharge,
dispersal, seepage, migration, release or
escape is itself caused by any of the
"specified causes of loss." But if physical
loss or physical damage by the "specified
causes of loss" results, we will pay for the
resulting physical loss or physical damage
caused by the "specified cause of loss."
Form SS 00 61 07 19 Page 3 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS LIABILITY COVERAGE FORM
AMENDATORY ENDORSEMENT-
SUPPLEMENTARY PAYMENTS
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A Sub-subparagraph 3.a. (5) of Paragraph 3., Section A. Coverages is deleted and replaced with the following:
3. Coverage Extension - Supplementary Payments:
a. (5) All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured.
Form SS 00 64 09 16 Page 1 of 1
© 2016, The Hartford
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:
COMMON POLICY CONDITIONS
SPECIAL PROPERTY COVERAGE FORM
STANDARD PROPERTY COVERAGE FORM
BUSINESS LIABILITY COVERAGE FORM
EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM
A. Paragraphs 2. and 3. of the Cancellation Common (b) You or your representative in Policy Condition are replaced by the following: pursuing a claim under this policy.
2. All Policies in Effect for 60 Days Or Less: (3) A judgment by a court or an If this policy has been in effect for 60 days or administrative tribunal that you have less, and is not a renewal of a policy we have violated a California or Federal law, previously issued, we may cancel this policy by having as one of its necessary mailing or delivering to the first Named Insured elements an act which materially at the mailing address shown in the policy and increases any of the risks insured to the producer of record, advance written against.
notice of cancellation, stating the reason for (4) Discovery of willful or grossly negligent cancellation, at least: acts or omissions, or of any violations a. 10 days before the effective date of of state laws or regulations establishing cancellation if we cancel for: safety standards, by you or your representative, which materially
(1) Nonpayment of premium; or
increase any of the risks insured
(2) Discovery of fraud or material
against.
misrepresentation by:
(5) Failure by you or your representative
(a) Any insured or his or her to implement reasonable loss control representative in obtaining this requirements, agreed to by you as a insurance; or condition of policy issuance, or which
(b) You or your representative in were conditions precedent to our use pursuing a claim under this policy. of a particular rate or rating plan, if that b. 30 days before the effective date of failure materially increases any of the cancellation if we cancel for any other risks insured against. reason. (6) A determination by the Commissioner
3. All Policies in Effect For More Than 60 Days of Insurance that the:
a. If this policy has been in effect for more (a) Loss of, or changes in, our than 60 days, or is a renewal of a policy we reinsurance covering all or part of issued, we may cancel this policy only upon the risk would threaten our the occurrence, after the effective date of financial integrity or solvency; or the policy, of one or more of the following, (b) Continuation of the policy or as permitted under applicable California coverage would:
law: i. Place • us in violation of
(1) Nonpayment of premium, including California law or the laws of payment due on a prior policy we the state where we are issued and due during the current domiciled; or
policy term covering the same risks. ii. Threaten our solvency. (2) Discovery of fraud or material (7) A change by you or your misrepresentation by: representative in the activities or (a) Any insured or his or her property of the commercial or industrial representative in obtaining this enterprise, which results in a materially insurance; or added, increased or changed risk,
unless the added, increased or
changed risk is included in the policy.
Form SS 01 21 02 20 Page 1 of 5
@ 2019, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission) b. We will mail or deliver advance written from the date the state of emergency is notice of cancellation, stating the reason declared, solely because the dwelling or other for cancellation, to the first Named Insured, structure is located in an area in which a wild at the mailing address shown in the policy, fire has occurred. and to the producer of record, at least: However, we may cancel:
(1) 10 days before the effective date of a. When you have not paid the cancellation we cancel premium, at any time by letting
nonpayment of premium or discovery you know at least 10 days before of fraud, or the date cancellation takes effect;
(2) 30 days before the effective date of b. If willful or grossly negligent acts cancellation if we cancel for any other or omissions by the named reason listed in paragraph 3.a. insured, or his or her
B. The following provision is added to the representatives, are discovered Cancellation Common Policy Condition: that materially increase any of the risks insured against; or
7. Residential Property
This provision applies to coverage on real c. If there are physical changes in property which is used predominantly for the property insured against, residential purposes and consisting of not beyond the catastrophe- damaged condition of the structures and
more than four dwelling units, and to
coverage on tenants' household personal surface landscape, which result in the property becoming uninsur-
property in a residential unit, if such
able.
coverage is written under this policy:
a. If such coverage has been in effect for C. The following is added and supersedes any 60 days or less, and is not a renewal of provisions to the contrary:
coverage we previously issued, we NONRENEWAL
may cancel this coverage for any
1. Subject to the provisions of paragraphs C.2.
reason, except as provided in b. and c.
below. and C.3. below, if we elect not to renew this
policy, we will mail or deliver written notice
b. We may not cancel solely because the stating the reason for nonrenewal to the first first Named Insured has: Named Insured shown in the Declarations and (1) Accepted an offer of earthquake to the producer of record, at least 60 days but coverage; or not more than 120 days, before the expiration or anniversary date.
(2) Cancelled or did not renew a policy
issued by the California We will mail or deliver our notice to the first Earthquake Authority (CEA) that Named Insured, and to the producer of record, included and earthquake policy at the mailing address shown in the policy. premium surcharge 2. Residential Property
However, we shall cancel this policy if This provision applies to coverage on real the first Named Insured has accepted a property used predominantly for residential new or renewal policy issued by the purposes and consisting of not more than four CEA that includes an earthquake policy dwelling units, and to coverage on tenants' premium surcharge but fails to pay the household property contained in a residential earthquake policy premium surcharge unit, if such coverage is written under this authorized by the CEA. policy.
c. We may not cancel such coverage a. We may elect not to renew such coverage solely because corrosive soil for any reason, except as provided in b., c. conditions exist on the premises. This and d. below:
restriction (c.) applies only if coverage
b. We will not refuse to renew such coverage
under the Special Property Coverage solely because the first Named Insured Form, which excludes loss or damage has accepted an offer of earthquake caused by or resulting from corrosive
soil conditions. coverage.
If a state of emergency under California However, the following applies only to insurers who are associated participating
Law is declared and the residential
property is located in any ZIP Code within insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to
or adjacent to the fire perimeter, as renew such coverage after the first Named determined by California Law, we may not
Insured has accepted an offer of
cancel this policy for one year, beginning earthquake coverage, if one or more of the following reasons applies:
(1) The nonrenewal is based on sound year, beginning from the date the state of underwriting principles that relate to emergency is declared, solely because the coverages provided by this policy the dwelling or other structure is located and that are consistent with the in an area in which a wildfire has approved rating plan and related occurred.
documents filed with the Department However, we may nonrenew:
of Insurance as required by existing (1) If willful or grossly negligent acts or law;
omissions by the named insured, or
(2) The Commissioner of Insurance finds his or her representatives, are that the exposure to potential losses discovered that materially increase will threaten our solvency or place us any of the risk insured against. in a hazardous condition.
(2) If losses unrelated to the post disaster
hazardous condition in which we
loss condition of the property have
make claims payments for losses occurred that would collectively resulting from an earthquake that render the risk ineligible for renewal; occurred within the preceding two or
years and that required a reduction in (3) If there are physical changes in the policyholder surplus of at least 25%
for payment of those claims; or property insured against, beyond the catastrophe-damaged condition of the
(3) We have: structures and surface landscape,
(a) Lost or experienced a substantial which result in the property becoming reduction in the availability or uninsurable.
scope of reinsurance coverage; or 3. We are not required to send notice of (b) Experienced substantial nonrenewal in the following situations:
increase in the premium charged a. If the transfer or renewal of a policy, for reinsurance coverage of our without any changes in terms, conditions, residential property insurance or rates, is between us and a member of policies; and our insurance group.
the Commissioner has approved b. If the policy has been extended for 90 a plan for the nonrenewals that is days or less, provided that notice has fair and equitable, and that is been given in accordance with paragraph responsive to the changes in our C.1.
reinsurance position.
c. If you have obtained replacement
c. We will not refuse to renew such coverage coverage, or if the first Named Insured solely because the first Named Insured has has agreed, in writing, within 60 days of cancelled or did not renew a policy, issued by the termination of the policy, to obtain the California Earthquake Authority that that coverage. included an earthquake policy premium d. If the policy is for a period of no more surcharge.
than 60 days and you are notified at the
d. We will not refuse to renew such coverage time of issuance that it will not be solely because corrosive soil conditions exist renewed. on the premises. This restriction (d) applies e. If the first Named Insured requests a only if coverage is subject to the Special
Property Coverage Form, which excludes loss change in the terms or conditions or risks covered by the policy within 60 days of
or damage caused by or resulting from the end of the policy period. corrosive soil conditions.
If a state of emergency under California Law f. If we have made a written offer to the first is declared and the residential property is Named Insured, in accordance with the located in any ZIP Code within or adjacent to time frames shown in paragraph C.1., to the fire perimeter, as determined by California renew the policy under changed terms or Law, we may not nonrenew this policy for one conditions or at an increased premium rate, when the increase exceeds 25%.
If there is an appraisal, we will still retain our
right to deny the claim.
Form SS 01 21 02 20 Page 3 of 5
D. The Concealment, Misrepresentation Or Fraud If there is an appraisal, we will still retain our right Condition is replaced by the following with respect to deny the claim. to loss of damage caused by fire: H. With respect to an "Open Policy", the Loss We do not provide coverage to the insured who, Payment Condition of the Standard and Special whether before or after a loss, has committed Property Form is amended by the following:
fraud or intentionally concealed or misrepresented 1. The following changes are made to Section E. any material fact or circumstance concerning: PROPERTY LOSS CONDITIONS:
1. This Coverage Part; a. Paragraph 5.d.(1)(b) of the Loss Payment
2. The Covered Property; condition is deleted and replaced by:
3. That insured's interest in the Covered (b) We will not pay on a replacement Property; or cost basis for any loss or
damage until the lost or damaged
4. A claim under this Coverage Part or Coverage property is actually repaired or Form.
replaced, and then only subject to
E. The Concealment, Misrepresentation Or Fraud deduction for depreciation. Prior Condition is replaced by the following with respect to such repair or replacement, to loss of damage caused by a Covered Cause of and in accordance with the terms Loss other than fire: applicable in this Paragraph 5.,
This Coverage Part is void if any insured, whether Loss Payment, we will pay the actual cash value of the lost or
before or after a loss, has committed fraud or
intentionally concealed or misrepresented any damaged property as described in material fact or circumstance concerning: Paragraph 2. below. If the actual cash value does not exhaust the
1. This Coverage Part; applicable Limit of Insurance, we
2. The Covered Property; will then pay the difference
between the actual cash value
3. That insured's interest in the Covered
and the replacement cost,
Property; or provided that the repair or
4. A claim under this Coverage Part or Coverage replacement is completed:
Form.
(i) Within 12 months after our
F. The Other Insurance - Property Coverage payment of the actual cash Condition is replaced by the following: value; or
If there is other insurance covering the same loss (ii) Within 36 months after our or damage, we will pay our share of the covered payment of the actual cash loss or damage. Our share is the proportion that value if the loss or damage the applicable limit of insurance bears to the limits relates to a state of of insurance of all insurance covering on same emergency under California Law.
basis.
The following provision applies to
G. Paragraph E.2., Appraisal of the Standard and real property which is used Special Property Form is deleted and replaced predominantly for residential by the following: purposes and consisting of not
2. If we and you disagree on the value of the more than four dwelling units, and property or the amount of loss, either may to coverage on tenants' make written request for an appraisal of the household personal property in a loss. If the request is accepted, each party will residential unit. select a competent and impartial appraiser. If you, acting in good faith and Each party shall notify the other of the with reasonable diligence, appraiser selected within 20 days of the encounter a delay or delays in request. The two appraisers will select an approval for, or reconstruction of, umpire. If they cannot agree within 15 days, the residence that are beyond either may request that selection be made by your control, we shall provide one a judge of a court having jurisdiction. The or more additional extensions of appraisers will state separately the value of six months for good cause. the property and amount of loss. If they fail to Circumslances beyond your agree, they will submit their differences to the control include, but are not limited umpire. A decision agreed to by any two will
be binding. Each party will:
(i) Unavoidable construction
a. Pay its chosen appraiser; and permit delays;
b. Bear the other expenses of the appraisal (ii) The lack of necessary and umpire equally. construction materials; or
(ili) The unavailability of contractors b. In the event of a partial or total loss to to perform the necessary work. Covered Property other than a building or The foregoing provisions do not structure, actual cash value is calculated constitute a waiver of our right to deny as the lesser of the following:
the claim for any valid reason or to (1) The amount it would cost to repair or restrict payment in cases of suspected replace the property less a fair and fraud. reasonable deduction for physical
2. The following provision is added: depreciation, based on the condition of the property at the time of loss; or
Provision Applicable to California
(2) The Limit of Insurance applicable to
Actual cash value is determined as follows:
the property.
a. In the event of a partial or total loss to a
building or structure, actual cash value is I. With respect to this endorsement, the following calculated as shown below, whichever is definition is added to Section G. PROPERTY DEFINITIONS:
less:
Open Policy" means a policy under which the
(1) The amount it would cost to repair,
alue of Covered Propertv is not fixed a
rebuild or replace the property less a
fair and reasonable deduction for policy inception, but is determined at the time depreciation of loss in accordance with policy provisions components of the building or on valuation. The term "open policy" does structure that are normally subject to not apply to Covered Property that is subject repair or replacement during its useful to an Agreed Value clause or similar clause life. Physical depreciation is based that establishes an agreed value prior to loss, upon the condition of the property at unless such clause has expired. the time of the loss; or
(2) The limit of Insurance applicable to
the property.
Form SS 01 21 02 20 Page 5 of 5
POLICY NUMBER: 57 SBA RG8019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Option 2: If an "X" is shown in this box, Personal And Advertising Injury coverage for Unmanned Aircraft applies and the Unmanned Aircraft - Personal And Advertising Injury Exclusion in Paragraph A.2. of this endorsement does not apply.
Except as otherwise stated in this endorsement or the owned or operated by or rented or schedule above, the terms and conditions of the policy loaned to any insured. Use includes apply to the insurance stated below. operation and "loading or unloading" A The following changes are made to Section B.1., This Paragraph g. (2) applies even if the EXCLUSIONS: claims against any insured allege
1. Paragraph g., Aircraft, Auto or Watercraft, is negligence or other wrongdoing in the deleted and replaced with the following: supervision, hiring, employment, training or monitoring of others by that insured, if
g. Aircraft, Auto or Watercraft the : "occurrence" which caused the (1) Unmanned Aircraft "bodily injury" or "property damage" "Bodily injury" or "property damage" involved the ownership, maintenance, arising out the ownership, use or entrustment to others of any maintenance, use or entrustment to aircraft (other than "unmanned aircraft), others of any aircraft that is an "auto" or watercraft that is owned or "unmanned aircraft". Use includes operated by or rented or loaned to any operation and "loading or unloading". insured
This Paragraph g.(1) applies even if the Paragraph g. (2) does not apply to:
claims against any insured allege (a) A watercraft while ashore on negligence or other wrongdoing in the premises you own or rent; supervision, hiring, employment, training (b) A watercraft you do not own that is:
or monitoring of others by that insured, if
• "occurrence" which caused the (i) Less than 51 feet long; and "bodily injury" or "property damage" (ii) Not being used to carry persons involved the ownership, maintenance, for a charge;
use or entrustment to others of any (c) Parking an "auto" on, or on the aircraft that is an "unmanned aircraft"
ways next to, premises you own or
(2) Aircraft (Other Than Unmanned rent, provided the "auto" is not Aircraft), Auto Or Watercraft owned by or rented or loaned to you "Bodily injury" or "property damage" or the insured;
arising out of the ownership, (d) Liability assumed under any maintenance, use or entrustment to "insured contract" for the ownership, others of any aircraft (other than maintenance or use of aircraft or "unmanned aircraft), "auto" or watercraft watercraft;
Form SS 42 06 03 17 Page 1 of 2
Process Date: 08/05/21 Policy Expiration Date: 10/24/22 (e) "Bodily injury" or "property damage" B. The following changes apply to Section G. arising out of the operation of any of LIABILITY AND MEDICAL EXPENSES the equipment listed in Section G DEFINITIONS:
Liability and Medical Expenses 1. The following definition is added:
Definitions, Paragraph 15 f. (2) or f.
of the definition of "mobile "Unmanned aircraft" means an aircraft that is (3)
equipment"; or not:
(f) An aircraft (other than unmanned a. Designed;
aircraft) that is not owned by any b. Manufactured; or
insured and is hired, chartered or c. Modified after manufacture loaned with a paid crew. However,
this exception does not apply if the to be controlled directly by a person from within insured has any other insurance for or on the aircraft. "bodily injury" or "property
damage" whether the other
insurance primary, excess,
contingent or on any other basis.
2. The following is added to Section B
EXCLUSIONS Paragraph p., Personal and
Advertising Injury:
Unmanned Aircraft - Personal and
Advertising Injury
Arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
employment, training
monitoring of others by that insured, if
the offense which caused the "personal
advertising injury" involved the
ownership, maintenance,
entrustment to others of any aircraft that
is an "unmanned aircraft".
However, this exclusion does not apply
if the only allegation in the claim or "suit'
involves an intellectual property right
which is limited to:
(a) Infringement, in your
"advertisement", of:
(i) Copyright;
(ii) Slogan; or
(ili) Title of any literary or artistic
work; or
b) Copying, in your "advertisement",
person's or rganization'
"advertising idea" or style of
"advertisement".
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS INCOME EXTENSION FOR OFF-PREMISES
UTILITY SERVICES
This endorsement modifies insurance provided under the following:
SPECIAL PROPERTY COVERAGE FORM
This insurance applies only when Business Income and _C. LIMIT OF INSURANCE Extra Expense is shown in the Declarations as The most we will pay in any one occurrence for loss applicable. Except as otherwise stated in this under this extension is the limit of insurance shown endorsement, the terms and conditions of the policy in the Declarations at each "scheduled premises". apply to the insurance stated below.
A. BUSINESS INCOME EXTENSION FOR OFF. D. ADDITIONAL DEFINITIONS PREMISES UTILITY SERVICES 1. "Water Supply Services", meaning the following types of property supplying water to
This Coverage Extension applies only when the
the "scheduled premises":
Business Income Additional Coverage is included in
this policy. a. Pumping stations; and
We will pay for loss of Business Income or Extra b. Water mains.
Expense at the "scheduled premises" caused by the 2. "Communication Supply Services", meaning interruption of service to the "scheduled premises". property, including overhead transmission lines The interruption must result from direct physical loss supplying communication services, including or physical damage by a Covered Cause of Loss to telephone, radio, microwave or television the following property not on "scheduled premises": services, to the "scheduled premises", such as:
1. "Water Supply Services"; a. Communication transmission lines, including optic fiber transmission lines;
2. "Communication Supply Services"; or
b. Coaxial cables; and
3. "Power Supply Services". c. Microwave radio relays except satellites.
B. WAITING PERIOD
3. "Power Supply Services", meaning the
We will only pay for loss you sustain after the first following types of property supplying electricity, 12 consecutive hours following the direct physical steam or gas, including overhead transmission loss of or physical damage to the off-premises lines to the "scheduled premises":
property to which this endorsement applies. We will a. Utility generating plants; not pay for any reduction in business income or
b. Switching stations;
extra expense after electricity, steam or gas has
been restored to the "scheduled premises". c. Substations; d. Transformers; and
e. Transmission Lines.
Form SS 04 19 04 09 Page 1 of 1
© 2009, The Hartford
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FINE ARTS
This endorsement modifies insurance provided under the following:
SPECIAL PROPERTY COVERAGE FORM
This insurance applies only when the property is 4. Section B. EXCLUSIONS do not apply to covered under the Special Property Coverage Form. coverage afforded under this endorsement, Except as otherwise stated in this endorsement, the except for:
terms and conditions of the policy apply to the insurance stated below. (1) Governmental Action;
The following changes are made to the Special Property (2) Nuclear Hazard; and Coverage Form: (3) War and Military Action.
A. Under A. Coverage: 5. Additional Exclusions
1. The following paragraph is added to 1. Covered We will not pay for physical loss or physical Property: damage caused by or resulting from:
Fine Arts listed and described in the a. Delay, loss of use, loss of market, or any Declarations or Schedule which are: other causes of consequential loss; a. Owned by you; or b. Wear and tear, depreciation or
obsolescence;
b. Owned by others, and in your care, custody
and control; and c. Rust, corrosion, fungus, decay,
deterioration, hidden or latent defect, or any
c. Located at the "scheduled premises", or in quality in property that causes it to damage transit and from the "scheduled
or destroy itself;
premises", or at your residence.
d. Insects, birds, rodents or other animals.
2. The following is added to Paragraph 2. e. Dishonest acts by:
Property Not Covered with respect to coverage
afforded by this endorsement: (1) You or any of your partners; Property on exhibition at fairgrounds or at any (2) Your directors or trustees; type of exposition, unless such locations are (3) Your authorized representatives or listed and described in the Declarations or employees; or Schedule. (4) Anyone, other than a carrier for hire, to
3. The following special Limitation provision whom you entrusted the Covered applies property covered by this Property, including their employees, for endorsement: any purpose:
Art glass windows, glassware, statuary, Whether acting alone or in collusion with narbles, bric-a-brac, porcelains and other others; and
articles of fragile or brittle nature are covered Whether or not occurring during the hours of against loss by breakage only if loss or damage employment. is caused by "specified causes of loss."
Form SS 04 22 07 05 Page 1 of 2
© 2005, The Hartford
f. Voluntary parting with any property whether 2. Pair or Set or not induced to do so by any fraudulent In case of total loss to an item of Covered scheme, trick, device or false pretense. Property which is part of a pair or set, we agree g. Unauthorized instructions to transfer to pay you the full amount of the pair or set as property to any person or to any place. shown in the Declarations or Schedule and you h. Theft from any unattended vehicle unless at agree to surrender the remaining items) of the the time of theft its windows, doors and pair or set to us. compartments were closed and locked and 3. Packing
there are visible signs that the theft was the You agree that Covered Property will be packed result of forced entry. and unpacked by competent packers.
But this exclusion does not apply to property E. Additional Definition in the custody of a carrier for hire.
The following definition is added to Section H.
i. Processing or work performed upon the DEFINITIONS:
property.
"Fine Arts" meaning paintings, etchings, pictures,
B. Limits of Insurance valuable rugs,
tapestries, art glass windows,
Section C. LIMITS OF INSURANCE is replaced by statuary, marbles, bronzes, antique furniture, rare the following: books, antique silver, manuscripts, porcelains, rare glass, bric-a-brac, and similar property of rarity,
The most we will pay for physical loss or physical historical value or artistic merit. damage in any one occurrence for property covered F. Recovered Property under this endorsement is the Limit of Insurance
If either you or we recover any property after loss
shown in the Declarations for "Fine Arts", but no
more than $25,000 for any one item of "Fine Arts". settlement, that party must give the other prompt notice. At your option, you may retain the property.
C. Deductible But then you must return to us the amount we paid to you for the property. We will pay recovery
We will adjust loss in any one occurrence under this expenses and the expenses to repair the Covered endorsement as a single loss. The only deductible Property, subject to the Limit of Insurance. amount that applies under this coverage is the larger
of:
1. $250; or
2. The amount shown in the Declarations as a
deductible applicable to this coverage.
D. Additional Conditions
1. Valuation
The following is added to Section E.
PROPERTY LOSS CONDITIONS:
The value of Covered Property will be the
amount shown in the Declarations or Schedule
for each item of Covered Property, which is
agreed to be the value of the item.