FIRST AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN THE CITY OF REDONDO BEACH AND INTERWEST CONSULTING GROUP INC.
This First Amendment to the Agreement for Consulting Services ("First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Interwest Consulting Group Inc., a Colorado corporation ("Consultant" or "Contractor").
WHEREAS, on February 9, 2021, the parties entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, the parties desire to modify the terms of the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. Exhibit "A" of the Agreement is hereby amended to add the following services: Full Time Building Official Services, Building Inspection Services and pian review services.
2. Compensation. Exhibit "C" of the Agreement is hereby amended to include the additional amount of $95,000 for the new services described above for a total not to exceed amount of $110,000, compensated at the rates below:
CLASSIFICATION TIME REQUIREMENT HOURLY BILLING ESTIMATED
RATE COST
Kevin O'Flaherty, F/T CBO & 13 Weeks × 40 Hrs Per Wk $150 $78,000 Inspections
3. No Other Amendments. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 15' day of February, 2022.
CITY OF REDONDO BEACH, INTERWEST CONSULTING GROUP, INC. a chartered municipal corporation a California corporation SCRe
William C. Brand, Mayor Na:President operations
ATTEST: APPROVED AS TO FORM:
Elean Marant mill tell
Eleanor Manzano, City dierk Michael W. Webb, City Attorney
DATE (MMDDIYYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
Symone Wnte
RBN Insurance Services • No. Ext): 312-856-9400 | К, мок: 312-856-9425 303 E Wacker Dr Ste 650
Chicago IL 60601 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC R
INSURER A Hartford Fire Insurance Co. 19682
SAFELLCC1 INSURER B: Hartford Casually Insurance Co 29424
INSURED
Interwes: Consulting Group INSURER C: Great American Eas Ins. Co. 37532 P.O. Box 18330 29459
Boulder CO 80308 INSURER 0: Twin Cly Fire Insurance Co.
INSURER E: Bridgeway Insurance Company 12489
INSURER F: Navigators Specialty Ins. Co 36056
CERTIFICATE NUMBER: 1588677109 REVISION NUMBER:
TH.S 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 CTHER 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 CLAMS.
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTEO
¡ CLAMS-MADE ! X¡ OCCUR PREM SES (Ea ocoumerge) 51,000,000 MFD EXP (Any one persan) $ 10,000
PERSONAL& ADY INJURY $1.000,000
GENERAL AGGREGATE $2,000,000
GENI. AGGREGATE LIMIT APPLIES PER:
PRO PRODUCTS: COMP/OP AGG $2,000,000
X PoLICY. JECT i LOC
OTHER COME NED SINGE MIT
10/3/2021 10/3/2022 3 1,000 00C
AUTOMOBILE LIABILITY : 83JENPY9130 Fa accident
BODILY iNJURY (Per person)
ANY AUTO
SCHEDULED BODILY INJURY (Per accident)
OVINED
AUTOS ONLY AUTOS ! PROPERTY SAMAGE
HIRED NON.C:YNED
Per accidenti..
AUTOS ONLY AUTOS ONLY
CH21FXCB8560CIC 1G/3/2021 10/3/2022 EACHOCCURRENCE $5.000,000
UMBRELLA LIAB OCCUR
EXCESS LIAB AGGREGATE $5,000,000
I CLAME-MADE
DED REIENTIONS a. OTH
WORKERS COMPENSATION E3WECE0B23 5/12/2021 5/12/2022 X STATUTE.
AND EMPLOYERS LIABILITY
E.L. EACH ACCIDENT 11.000,000
ANYPROPRIE TOP/FARTNFRIEXECUTIVE
OFFICERIMEN BEREXCLUDED7
(Mandatory in NH) EL. DISEASE - EA EMOLCYEE E 1,0:0,000 ESCRITON OF OFFRATIONS bere EL. O SEASE - POLICY LIMIT: $1,003.000 Each Claim/Aggrega 10,000,000
TER 2861558 1032021 10/3222 5,000,000
Excess Lad ano Layer 8E-A7-XL-C002079-30 ach Oco/Aggrege DESCRIPTION OF OPERATIONS LOCATIONS: VEHICLES (ACORD 10%. Actional Romata Schedula, may be atrace if more space in requirad)
CERTIFICATE HOLDER CANCELLATION
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF
HE EXPIRATION DATE THEREC NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Redondo Beach
415 Diamond Street
P.O. Box 270 AUTHORIZED REPRESEKTATIVE
Redondo Beach CA 90277 2m4--
€ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY#: 830ENPY91DD COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this encorsement provide broader benefits to the insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED a. Any "employee" of yours while using a covered "auto" you don't own, hire of
A. Subsidiaries and Newly Acquired or
borrow your business or your
Formed Organizations
personal affairs.
Named Insured shown in the
C. Lessors as Insureds
Declarations is amended to include:
(1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary ade:
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if:
include subsidiary that is an
(1) The agreement requires you lo
"insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and
such a policy but for its termination or
the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. acquired or Such a leased "auto" will be considered a
(2) Any organization that is
formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire.
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section il - Liability Coverage is venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a written policy. contract or written agreement, that a
(c) That has exhausted its Limit of person or organization be added as Insurance under any other policy. or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only to the extent such person or
unless you have given us notice of
the acquisition or formation. organization is liable for "bodily Coverage does not apply lo "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under paragraphs a. or b. of Who Is An
from an "accident" that occurred before the
Insured with regard
you formed or acquired the organization. ownership, maintenance or use of a B. Employees as Insureds covered "auto."
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 1 of 5 Form HA 99 16 03 12
The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional
(1) During the policy period, and Insured if Required by Contract, the following provisions apply:
(2) Subsequent to the execution of such
written contract, and (3) Primary Insurance When Required By Contract
(3) Prior to the expiration of the period
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also
(2) How Limits Apply primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d.
person or organization be added as an
(4) Primary And Non-Contributory To Other
additional insured on your policy. the Insurance When Required By Contract most we will pay on benalf of such
additical insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance
(a) The limits of insurance specified in
is primary and non-contributory with the
the written contract or writter
additional insured's own insurance, this
agreement, or insurance is primary and we will not
(b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance.
Such amount shalt be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured.
Section.
When this insurance is excess, we will have no
(3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all Insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance.
(2) The total of ail deductible and self-insured
(4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.
Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS - OF SECTION N -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc.. with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION I|| - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a nsurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION :| - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less
If hired "autos" are covered "autos" for Liability taxes; overdue any amounts representing
Coverage and if Comprehensive, Specified
payments; penalties, interest or charges
Causes of Loss, or Collision coverages are resulting from overdue payments; additiona. provided under this Coverage Form for any mileage charges; excess wear and tear charges; "auto" you own, then the Physical Damage
lease termination fees; security deposits not
Coverages provided are extended to "autos" you
returned by the lessor; costs for exlended
hire or borrow, subject to the foliowing limit. warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION lil PHYSICAL DAMAGE damaged or stolen property. COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductibie will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible to Paragraphs B.4 - insurance. Subject to the above limit, deductible a. The exceptions EXCLUSIONS - of SECTION III - PHYSICAL
and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:
covered "auto" you own.
We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solel! by use of the power from the "auto's
iable and the lessor incurs an actual financial electrical system that, at the time of "loss". loss. subject to a maximum of $1000 per
is:
"accident".
(1) Permanently installed in or upon
This extension of coverage does not apply to the covered "auto":
any "auto" you hire or borrow from any of your
"amployees", partners (it you are a partnership). (2) Removable from a housing unit members (if you are a limited liability company). which is permanently installed i or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
electronic
cousient any described in
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 3 of 5 Form HA 99 16 03 12
for the normal another Hartford Financial Services Group, (4) Necessary
operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies:
b. Section Ill - Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physica. Coverage Form is not the smaler (or Damage Coverage, Limit of Insurance. smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all eiectronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT, CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an "accident" applies only when the "acciden:" is time of "loss", is:
known to:
(1) Permanently installed in or upon
the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or
such equipment; (4) An executive officer or insurance manager. if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS
integral part of that equipment; or
If you unintentionaliy fai! to disciose any hazards
(3) An integral part of such equipment. existing at the inception date of your policy, we c. For each covered "auto". , should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORY stolen electronic equipment wiil be reduced by
the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO
less.
CONDITIONS is replaced by the following:
9. EXTRA EXPENSE - BROADENED
e. For short-term hired "autos", the coverage
COVERAGE
territory with respect to Liability Coverage is
Under Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if the III - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto" to you. determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE. the America, Puerto Rico or Canada or in a following is added: settlemen: we agree to.
No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by
Under Paragraph D. - DEDUCTIBLE - of SECTION adding the following:
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
© 2011, The Hartford (Includes copyrighted material
Form KA 99 16 03 12 of ISO Properties, Inc.. with its permission.) Page 4 of 5 We waive any right of recovery we may have c. Regardless of the number of autos deemed a against any person or organization with whom total loss. the most we will pay under this you have a written contract that requires such Hybrid, Electric. or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provisich, The definition of "bodily injury" in SECTION V. a. A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses oniy an internal combustion engine lo move the auto but does not include autos
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal combustion engine and one or more electric
Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver In the event of a total loss to an "auto" for which to the first Named Insured written notice of
Comprehensive, Specified Causes of Loss, or
cancellation at least 60 days before the effective
Collision coverages are provided under this
date of canceilation.
Coverage Form, then such Physical Damage
18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:
VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardiess of the number of this Coverage Form, then such Physical autos deemed a lotal loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "nan-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the dale of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 POLICY: BAUENZV2991
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. (1) The "bocily injury" or "property damage" is Read the entire policy carefully to delermine rights. caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory":
Throughout this policy the words "you" and "your" (2) The "bedily injury" or "property damage" refer to the Named Insured shown the occurs during the policy period; and Declarations, and any olher person or organization (3) Prior to the policy period, no insured iisted qualifying as a Named insured under this policy. The under Paragraph 1. of Section II - Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive nolice of ar providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II - occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" knew, prior to the policy period, that the
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V - "bodily injury" or "property damage" occurred. then any continuation, change
Definitions.
or resumption of such "bodily injury" or
SECTION I - COVERAGES "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period.
1. Insuring Agreement c. "Bocily injury" or "properly damage" will be deemed to have been known to have
a. We will pay those sums that the insured
occurred at the earliest time when any
becomes legally obligated to pay as damages
of "bodily injury" or "property insured listed under Paragraph 1. of Section I! because
- Who Is An Insured or any "employee"
damage" to which this insurance applies. We
will have the right and duty to defend the authorized by you to give or receive notice of an "occurrence" or claim:
he Insured ganet any sur seang (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any
damages for "bodily injury" or "property other insurer:
damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any "occurrence" and settle any claim or "suit" injury" or "property damage"; or that may resuit. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages is "bodily injury" or "property damage" has limited as described in Section III - Limits occurred or has begun to occur.
Of Insurance: and
d. Damages because of "bodiy injury" include
(2) Our right and duty to defend ends when damages claimed by person er we have used up the applicable limit of organization for care, loss of services or insurance in the payment of judgments or death resulting at any time from the "bodily settlements under Coverages A or B or injury".
medical expenses under Coverage C. e. Incidental Medical Malpractice And Good No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless
"Bodily injury" arising out of the rendering of
explicitly provided for under Supplementary or failure to render the following health care Payments - Coverages A and B. services by any "employee" or "volunteer b. This insurance applies to "bodily injury" and worker" shall be deemed to be caused by an "property damage" only if: "occurrence" for:
HG 00 01 09 16 Page 1 of 21
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Liability to such party for, or for the cost of, that party's defense has also
(a) Medical, surgical, dental, jaboratory, x- been assumed in the same "insured ray or nursing services or treatment, contract"; and
advice or instruction, or the related
furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party against a civil or alterative dispute
treatment, advice or instruction; or
resolution proceeding in which
(c) The fumishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances; or
c. Liquor Liability
(2) First aid services, which include:
"Bodily injury" or "property damage" for which
(a) Cardiopulmonary resuscitation, any insured may be held liable by reason of:
whether performed manually or with a (1) Causing or contributing to the intoxication defibrillator; or
of any person;
(b) Services performed as a Good
(2) The fumishing of alcoholic beverages to a
Samaritan.
person under the legal drinking age or
For the purpose of determining the limits of under the influence of alcohol; or insurance, any act or omission together with
(3) Any statute, ordinance or reguiation
all related acts or omissions in the furnishing
relating to the sale, gift, distribution or use
of these services to any one person wil! be
considered one "occurrence" of alcoholic beverages.
This exclusion applies even if the claims
However, this Incidentai Medical Malpractice against any insured allege negligence or And Good Samaritan Coverage provision
applies only if you are not engaged in the other wrongdoing in:
business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that
2. Exclusions insured; or
(b) Providing or failing to provide
This insurance does not apply to:
transportation with respect to any
a. Expected Or Intended Injury person that may be under the influence "Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or (3) from the use of reasonabie force to protect above
persons or property. However, this exclusion applies only if you b. Contractual Liability are in the business of manufacturing. "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required for such activity, is not by itself considered the
absence of the contract or agreement; or
business of seiling. serving or furnishing
(2) Assumed in a contract or agreement that alcoholic beverages. is an "Insured contract", provided the
"bodily injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benelits or purposes of liability assumed in an unemployment compensation law or any "insured contract". reasonable attorney similar law.
fees and necessarv litigation expenses e. Employer's Liability incurred by or for a party other than an
"Bodily injury" to:
insured are deemed to be
because of "bodily injury" or "property (1) An "employee" of the insured arising out of damage", provided: and in the course of:
(a) Employment by the insured; or (c) Which are or were at any time (b) Performing duties related to the transported, handled, stored, treated, conduct of the insured's business; or disposed of, or processed as waste by or for:
2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of (i) Any insured; or Paragraph (1) above. i) Any person or organization t
whom you nav be legal
This exclusion applies:
(1) Whether the insured may be liable as an responsible; employer or in any other capacity; and (d) Al or from any premises, site or (2) To any obligation to share damages with location on which any insured or any or repay someone else who must pay contractors or subcontractors working damages because of the injury. directly or indirectly on any insured's behalf are performing operations if the
This exclusion does not apply to liability "poilutants" are brought on or to the ssumed by the insured under an "insured premises, site or location in connection contract. with such operations by such insured.
f. Pollution contractor or subcontractor. However.
(1) "Bodily injury" or "property damage" this subparagraph does not apply to:
arising out of the actual, alleged or (i) "Bodily injury" or "property damage" threatened discharge, dispersal, seepage, arising out of the escape of fuels, migration, release of lubricants or other operating fluids "po:lutants": which are needed to perform the
(a) At or from any premises, site or normal electricai, hydraulic or location which is or was at any time mechanical functions necessary for owned or occupied by, or rented or the operation of "mobile equipment" loaned to, any insured. However, this or its parts, if such fuels, lubricants subparagraph does not apply to: or other operating fluids escape (i) "Bodily injury" if sustained within a from a vehicle part designed to building and caused by smoke, hold, store or receive them. This fumes, vapor or soot produced by exception does not apply if the or originating from equipment that "bodily injury" or "properly damage" is used to heat, cool or dehumidify arises cout of the intentional the building, or equipment that is discharge, dispersal or release of used to heat water for personal the fuels, lubricants or other use, by the building's occupants or operating fluids, or if such fuels, their guests; lubricants or other operating fluids
(it) "Bodily injury" or "property damage" are brought on or to the premises, site or location with the intent that
for which you may be held liable, if
they be discharged, dispersed or
you are a contractor and the owner
or lessee of such premises, site or released as part of the operations location has been added to your being performed by such insured, contractor or subcontractor;
policy as an additional insured with
respect to your ongoing operations (li) "Bodily injury" or "property damage" performed for that additional sustained within a building and insured at that premises, site or caused by the release of gases, location and such premises, site or fumes or vapors from materials location is not and never was brought into that building in owned or occupied by, or rented or connection with operations being loaned to, any insured, other than performed by you or on your behalf that additional insured; or by a contractor or subcontractor; or (il) "Bodily injury" or "property damage" (i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes arising out of heat, smoke or fumes from a "hostile fire"; from a "hostie fire"; or
(b) At or from any premises, site or (e) Al or from any premises, site or location which is or was at any time location on which any insured or any used by or for any insured or others for contractors or subcontractors working handing, storage, disposal, direcily or indirectly on any insured's processing or treatment of wasle; behalf are performing operations if the HG 00 01 09 16 Page 3 of 21
operations are to test for, monitor. (4) Liability assumed under any "insured clean up, remove, contain, treat, contract" for the ownership, maintenance or use of aircraft or watercraft;
neutralies the any ol (5) "Bodily injury" or "property damage" "pollutants". arising out of:
(2) Any loss, cost or expense arising out of {a) The operation of machinery or any: equipment that is attached to, or part
(a) Request, demand, order or siatutory or of, a land vehicle that would qualify regulatory requirement that under the definition of "mobile insured or others test for, monitor, equipment" if it were not subject to a clean up, remove contain, treat, compulsory or financial responsibility detoxify or neutralize, or in any way law or other motor vehicle insurance respond to, or assess the effects of, law where it is licensed or principally "pollutants"; or garaged; or
(b) Claim or suit by or on behalf of a (b) The operation of any of the machinery governmental authonty for damages or equipment listed in Paragraph f.(2) because of testing for. monitoring. or f.(3) of the definition of "mobile cleaning up, removing, containing. equipment; or
treating, detoxifying or neutralizing, or (6) An aircraft that is not owned by any in any way responding to, or assessing insured and is hired, chartered or loaned the effects of, "pollutants". with a paid crew. However, this exception However, this paragraph does not apply to does not apply if the insured has any other iability for damages because of "property insurance for such "bodily injury" or damage" that the insured would have in "property damage", whether the other the absence of such request, demand, insurance is primary, excess, contingent or on any other basis.
requirement, or such claim or "suit" by or h. Mobile Equipment on behalf of a governmental authority. "Bodily injury" or "property damage" arising g. Aircraft, Auto Or Watercraft out of:
"Bodily injury" or "property damage" arising (1) The transportation of "mobile equipment" out of the ownership, maintenance, use or by an "auto" owned or operated by or entrustment to others of any aircraft. , "auto" or rented or loaned to any insured; or watercraft owned or operated by or rented or
(2) The use cf "mobile equipment" in, or while
loaned to any insured. Use includes operation
in practice for, or while being prepared for,
and "loading or unloading". prearranged speed,
any racing,
This exclusion applies even if the claims demolition, or stunting activity. any insured 1. War
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others "Bodily injury" or "property damage", however by that insured, if the "occurrence" which caused, arising, directly or indirectly, out of:
the "bodily injury" or "property (1) War, including undeclared or civil war; damage" (2) Warlike action by a military force, including maintenance, use or entrustment to others of action in hindering or defending against an any aircraft, "auto" or watercraft that is owned actual or expected attack, by any or operated by or rented or loaned to any government, sovereign or other authority using military personnel or other agents;
This exclusion does not apply to:
(1) A watercraft while ashore on premises you (3) Insurrection, rebellion, revolution, usurped own or rent; power, or action taken by governmental
(2) A watercraft you do not own that is: authority in hindering or defending against any of these.
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a j. Damage To Property "Property damage" to:
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent. provided the
"auto" is not owned by or rented or loaned
to you or the insured; entity. for repair, replacement,
enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such properly for any reason, including Not Physically Injured prevention of injury to a person or damage "Property damage" 10 "impaired property" or to another's property: property that has not been physically injured, (2) Premises you sell, give away or abandon, arising out of:
if the "property damage" arises out of any (1) A defect, deficiency, inadequacy or part of those premises; dangercus condition in "your product" or (3) Property loaned to you; "your work"; or
(4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage" arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property
because "your work" was incorrectly
performed on it. Damages claimed for any loss, cost or
expense incurred by you or others for the loss
Paragraphs (1), (3) and (4) of this exclusion of use, withdrawai, recall, inspection, repair, do not apply to "property damage" (other than
damage by fire) to premises, including the replacement, adjustment, removal or disposal contents of such premises, rented to you for a
period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in
(3) "Impaired property":
Section III - Limits Of Insurance.
if such product, work, or property is withdrawn
Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by defect, deficiency, known or suspected
you. inadequacy or dangerous condition in it.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from o. Personal And Advertising Injury the use of elevators. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Paragraphs (3) and (4) of this exclusion do Liability
not apply to "property damage" to borrowed Damages arising out of:
equipment while not being used to perform (1) Any access to or disciosure of any operations at the job site. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets. processing "products-completed operations hazard". customer lists, financial information, credit k. Damage To Your Product card information, health information or any "Property damage" to "your product" arising other type of nonpublic information; or out of it or any part of it. (2) The loss of, loss of use of, damage to, I. Damage To Your Work corruption of, inability 1o access, or "Property damage" to "your work" arising out inability to manipulate electronic data. of it or any part of it and included in the This exciusion applies even if damages are "products-completed operations hazard". claimed for notification costs, credit This exclusion does not apply if the damaged monitoring expenses, forensic expenses, work or the work out of which the damage public relations expenses or any other loss. arises was performed on vaur behalf by a cost or expense incurred by you or others arising out of that which is described in
subcontractor.
Paragraph (1) or (2) above.
HG 00 01 09 16 Page 5 of 21
However, unless Paragraph (1) above detoxifying or neutralizing or in any applies, this exclusion does not apply to way responding to or assessing the damages because of "bodily injury". effects of an "asbestos hazard".
As used in this exclusion, electronic data s. Recording And Distribution Of Material Or means information, facts or programs stored Information In Violation Of Law as or on, created or used on, or transmitted to "Bodily injury" or "property damage" arising or from computer software, including systems directly or indirectly out of any action or and applications software, hard or floppy omission that violates or is alleged to violate:
disks, CD-ROMS, tapes, drives, cells. data (1) The Telephone Consumer Protection Act processing devices or any other media which (TCPA), including any amendment of or are used with electronically controlled addition to such law; equipment. (2) The CAN-SPAM Act of 2003, including
4. Employment-Related Practices any amendment of or addition to such law; "Bodily injury" to: (3) The Fair Credit Reporting Act (FRA), and (1) A person arising out of any "employment- any amendment of or addition to such law, related practices"; or including the Fair and Accurate Credit (2) The spouse, child, parent, brother or sister Transaction Act (FACTA); or of that person as a consequence of "bodily (4) Any federal, state or local statute, injury" to that person at whom any ordinance or regulation, other than the "empioyment-related practices" are TCPA or CAN-SPAM Act of 2003 or FCRA directed. and their amendments and additions, that
This exclusion applies: addresses, prohibits or limits the printing. injury-causing event dissemination, disposal, collecting, (1) Whether transmitting,
described in the definition of "employment- recording. sending, practices" before communicating or distribution of material or information.
employment, durng employment or after
employment of that person; Damage To Premises Rented To You - (2) Whether the insured may be liable as an Exception For Damage By Fire, Lightning Or employer or in any other capacity; and Explosion
Exclusions c. through h. and j. through n. do not
(3) To any obligation to share camages with
apply to damage by fire, lightning or explosion to
or repay someone eise who must pay
damages because of the injury. premises while rented to you or temporarily occupied by you with permission of the owner. A
r. Asbestos separate limit of insurance applies to this (1) "Bodily injury" or "property damage" coverage as described in Section Ill - Limits Of arising out of the "asbestos hazard". Insurance.
(2) Any damages, judgments, settemenis, COVERAGE B PERSONAL AND ADVERTISING loss, costs or expenses that: INJURY LIABILITY
(a) May be awarded or incurred by reason 1. Insuring Agreement of any claim or suit alleging actual or a. We will pay those sums that the insured threatened injury or damage of any becomes legally obligated to pay as damages nature or kind to persons or property because of "personal and advertising injury" which wouk not have occurred in to which this insurance applies. We will have whole or in part but for the "asbestos the right and duty to defend the insured hazard"; against any "suit" seeking those damages.
(b) Arise out of any request, demand, However, we will have no duty to defend the order or statutory or regulatory insured against any "suit" seeking damages requirement that any insured or others for "personal and advertising injury" to which test for, monitor, clean up, remove. this insurance does not apply. We may, at our encapsulate, contain, treat, detoxify or discretion, investigate any offense and seltle neutralize or in any way respond to or any claim or "suit" that may result. But:
assess the effects of an "asbestos (1) The amount we will pay for damages is hazard"; or fimited as described in Section III - Limits (c) Arise out of any claim or suit for Of Insurance; and damages because of testing for, (2) Our right and duty to defend end when we monitoring. cleaning up, removing, have used up the appiicable limit of encapsulating, containing, treating, insurance in the payment of judgments or
settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. "Personal and advertising injury" arising out of No other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary i. Infringement Of Intellectual Property Payments - Coverages A and B. Rights
b. This insurance applies to "personal and (1) "Personal and advertising injury" arising advertising injury" caused by an offense out of any actual or alleged infringement arising out of your business but only if the or violation of any intelectual property offense was committed in the "coverage copyright, patent, territory during the policy period. trademark, trade name, trade secret, trade
2. Exclusions dress, service mark or other designation
This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement
"Personal and advertising injury" arising out of or violation of any intellectual property an offense committed by, at the direction or right, whether such allegation of with the consent or acquiescence of the infringement or violation is made by you or insured with the expectation of inflicting by any other party involved in the claim or "personal and advertising injury" "suit", regardless of whether b. Material Published With Knowledge Of insurance would otherwise apply.
Falsity However, this exclusion does not apply if the
"Personal and advertising injury" arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to:
manner, of material, if done by or at the (1) Infringement, in your "advertisement", of:
direction of the insured with knowledge of its
falsity. (a) Copyright;
c. Material Published Prior To Policy Period (b) Slogan; or (c) Title of any literary or artistic work; or
lan or stectionic pusycatin, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of "advertisement". period. j. Insureds In Media And Internet Type
d. Criminal Acts Businesses
"Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is:
of the insured (1) Advertising, broadcasting, publishing or e. Contractual Liability telecasting:
"Personal and advertising injury" for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to (3) An Internet search, access, content or liability for damages that the insured would service provider. have in the absence of the contract or
However, this exclusion does not apply to
agreement. Paragraphs a., b. and c. of the definition of f. Breach Of Contract "personal and advertising injury" under the "Personal and advertising injury arising out of a Definitions Section. breach of contract, except an implied contract to For the purposes of this exclusion, the placing use another's "advertising idea" in your of frames, borders or links, or advertising, for "advertisement". you or others anywhere on the Internet, is not g. Quality Or Performance Of Goods - Failure by itself, considered the business of To Conform To Statements advertising. broadcasting, publishing or "Personal and advertising injury" arising out of telecasting. the failure of goods, products or services to k. Electronic Chatrooms Or Bulletin Boards conform with any statement of quality or "Personal and advertising injury" arising out of performance made in your "advertisement" an electronic chatroom or bulletin board the HG 00 01 09 16 Page 7 of 21
insured hosts, owns, or over which the (4) Computer code, software or programming insured exercises control. used to enable:
I. Unauthorized Use Of Another's Name Or (a) Your web site; or Product (b) The presentation or functionality of an
"Personal and advertising injury" arising out of "advertisement" or other content on the unauthorized use of another's name or your web site. product in your e-mail address, domain name q. Right Of Privacy Created By Statute or metatags, or any other similar tactics to "Personal and advertising injury" arising out of mis ead another's potential customers.
the violation of a person's right of privacy
m. Pollution created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
escape of "pollutants" at any time. act.
n. Pollution-Related r. Violation Of Anti-Trust law
Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or a violation of any anti-trust law. regulatory requirement that any insured or s. Securities others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks.
any way respond to, or assess the effects
bonds or other securites.
of, "pollutants"; or
(2) Claim or suit by or on behalf of a t. Recording And Distribution Of Material Or Information In Violation Of Law
governmental authority for damages
because of tesling for. monitoring. "Personal and advertising injury" arising cleaning up, removing, containing. directly or indirectly out of any action or treating, detoxifying or neutralizing, or in omission that violates or is alleged to violate:
any way responding to, or assessing the (1) The Telephone Consumer Protection Act effects of, "pollutants" (TCPA), including any amendment of or o. War addition to such law;
"Personal and advertising injury", however (2) The CAN-SPAM Act of 2003, including caused, arising, directly or indirectiy, out of: any amendment of or addition to such law; (1) War, including undeclared or civil war; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law,
(2) Warlike action by a military force, including including the Fair and Accurate Credit action in hindering or defending against an
Transaction Act (FACTA); or
actual expected attack,
(4) Any federal, state or local statute,
government brain or tre ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA
ог
and their amendments and additions, that
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by govermentai address, prohibits or limits theolenting. authority in hindering or defending against dissemination, sending, disposal, Iransmitting, recording,
any of these. communicating or distribution of material p. Internet Advertisements And Content Of or information.
Others u. Employment-Related Practices
"Personal and advertising injury" arising out "Personal and advertising injury" to:
of:
(1) An "advertisement" for others on your web (1) A person arising out of any "employment- related practices™; or
site:
(2) The spouse, child, parent, brother or sister
(2) Placing a link to a web site of others on of that person as a consequence of your web site: "personal and advertising injury" to that (3) Content, including information, sounds, person at whom any "employment-related text, graphics, or images from a web site practices" are directed. of others displayed within a frame or
border on your web site; or
This exclusion applies: COVERAGE C MEDICAL PAYMENTS
(1) Whether the injury-causing event 1. Insuring Agreement described in the definition of "empioyment- a. We will pay medical expenses as describec related practices" occurs before below for "bodily injury" caused by ar employment, during employment or after accident:
employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an (2) On ways next to premises you own or employer or in any other capacity: anc rent; or
(3) To any obligation to share damages with (3) Because of your operations; or repay someone else who must pay provided that:
damages because of the injury.
v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory" and during the policy period; out of the "asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the accident; and
loss, costs or expenses that:
(3) The injured person submits
(a) May be awarded or incurred by reason
examination, at our expense, by
of any clam or suit alleging actual or
threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard": applicable limit of insurance. We will pay
(b) Arise out of any request, demand, reasonable expenses for:
statutory regulatory (1) First aid administered at the time of an requirement that any insured or others accident;
test for. monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and
assess the effects of an "asbestos
(3) Necessary ambulance, hospital,
hazard®; or professional nursing and funeral services.
(c) Arise out of any claim or suit for 2. Exclusions
damages because of lesting for,
monitoring, cleaning up, removing, We will not pay expenses for "bodily injury":
encapsulating. containing, treating, a. Any insured
detoxifying or neutralizing or in any To any insured, except "volunteer workers". way responding to or assessing the
effects of an "asbestos hazard". b. Hired Person
w. Access Or Disclosure Of Confidential Or To a person hired to do wark for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential Or personal you own or rent that the person normally information, including patents, trade secrets, cocupies. processing methods, customer lists, financial d. Workers Compensation And Similar Laws information, credit card information, health
information or any other type of nonpublic To a person, whether or not an "employee" of information. any insured, if benefits for the "bodity injury" are payable or must be provided under a workers'
compensation or disability benefits law or a
claimed for notification
similar law.
monitoring expenses, forensic expenses,
public relations expenses or any other loss, e. Athletics Activities cost or expense incurred by you or others To a person injured while practicing, arising out of any access to or disclosure of instructing or participating in any physical any person's or organization's confidential or exercises or games, sports, or athletic personal information. contests.
HG 00 01 09 16 Page 9 of 21
f. Products-Completed Operations Hazard assumed by the insured in the same "insured Included within the "products-completed contract":
operations hazard. d. The allegations in the "suit" and the g. Coverage A Exclusions information we know about the "occurrence" Excluded under Coverage A are such that no conflict appears to exist between the interests of the insured and the
SUPPLEMENTARY PAYMENTS - COVERAGES interests of the indemnitee;
A AND B
e. The indemnitee and the insured ask us to
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an conduct and control the defense of that indemnitee against such "suit" and agree that
insured we defend:
we can assign the same counsel to defend
a. All expenses we incur. the insured and the indemnitee; and b. Up to $1,000 for cost of bail bonds required f. The indemnitee:
because of accidents or traffic law violations
arising out of the use of any vehicle to which (1) Agrees in writing to:
the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the "suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit";
d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and inciuding actual loss of earnings up to $500 a (d) Cooperate with us with respect to day because of time off from work.
coordinating Other applicable
e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and
include altorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses (2) Provides us with written authorization to:
of a party taxed to the insured. (a) Oblain records and other information f. Prejudgment interest awarded against the related to the "suit", and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above concitions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, necessary litigation expenses
g. All interest on the full amount of any judgment incurred by us and necessary litigation expenses that accrues after entry of the judgment and and, of the fury judgman. incurred by the indemnitee at our request will be before we have paid, offered to pay, or paid as Supplementary Payments. deposited in court the part of the judgmen: Notwithstanding the provisions of Paragraph that is within the applicable limit of insurance. 2.b.(2) of Section I - Coverage A - Bodily Injury These payments will not reduce the limits of And Property Damage Liability, such payments insurance. will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a the limits of insurance. party to the "suit", we will defend that Indemnitee Our obligation to defend an insured's indemnitee if all of the following conditions are met: and to pay for attorneys' fees and necessary a. The "suit" against the indemnitee seeks litigation expenses as Supplementary Payments ends when:
damages for which the insured has assumed
the liability of the indemnite in a contract or a. We have used up the applicable limit of agreement that is an "insured contract"; insurance in the payment of judgments or b. This insurance appiies to such liability settlements; or assumed by the insured; b. The conditions set forth above, or the terms of c. The obligation to defend, or the cost of the the agreement described in Paragraph f. defense of, that indemnitee, has also been above, are no longer met.
SECTION II - WHO IS AN INSURED "volunteer worker" as a consequence
1. If you are designated in the Deciarations as: of Paragraph (1)(a) above; (c) For which there is any obligation to
a. An individual, you and your spouse are
insureds, but only with respect to the conduct share damages with or repay someone of a business of which you are the sole else who must pay damages because of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
b. A partnership or joint venture, you are an
insured. Your members, your partners, and (d) Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an If you are not in the business of providing insured. Your members are also insureds, but professional health care services:
only with respect to the conduct of your (a) Subparagraphs (1Xa), (1)(b) and (1)(c) business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or "volunteer worker" providing first aid managers. services; and
d. An organization other than a partnership, joint (b) Subparagraph (1)(d) above does not venture or limited liability company, you are apply to any nurse, emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage" to property:
stockholders are also insureds, but only with
respect to their liability as stockholders. (a) Owned, occupied or used by, e. A trust, you are an insured. Your trustees are (b) Rented to, in the care. custody or control of, or over which physical
also insureds, but only with respect to their
control is being exercised for any
duties as trustees.
purpose by
2. Each of the following is also an insured:
you, any of your "employees", "volunteer
a. Employees And Volunteer Workers workers" , any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any perfoming duties related to the conduct of member (if you are a limited liability your business, or your "employees", other company).
than either your "executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your
"volunteer worker"), or any organization while
managers (if you are a limited liability
company), but only for acts within the scope acting as your real estate manager. of their employment by you or while c. Temporary Custodians Of Your Property performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only:
"volunteer workers" are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury" or "personal and advertising maintenance or use of that property: and injury": (2) Until your legal representative has been
(a) To you, to your partners or members (if appointed.
you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited
liability company), to a co-"employee" Your legal representative if you die, but only while in the course of his or her with respect lo duties as such. That employment or performing duties representative will have all your rights an duties under this Coverage Par
related to the conduct of your
business, or to your other "volunteer e. Unnamed Subsidiary workers" while performing duties Any subsidiary, and subsidiary thereof. of related to the conduct of vour yours which is a legally incorporated entity of business; which you own a financial interest of more
(b) To the spouse, child, parent, brother or than 50% of the voling stock on the effective sister of that co-"employee" or that date of the Coverage Part.
HG 00 01 09 16 Page 11 of 21
The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However. no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a part of of its limits of insurance. this Coverage Part.
3. Newly Acquired Or Formed Organization a. Vendors
Any organization you newly acquire or form. Any person(s) or organization(s) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial interest of more than 50% of the voting out of "your products" which are distributed or stock, will qualify as a Named Insured if there is soid in the regular course of the vendor's no other similar insurance available to that business and only if this Coverage Part organization. However: for "bodily injury" or
a. Coverage under this provision is afforded only "property damage" included within until the 180th day after you acquire or form "producls-completed operations hazard". the organization or the end of the policy (1) The insurance afforded the vendor is period, whichever is earlier; the following additional
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before This insurance does not apply to:
you acquired or formed the organization; and (a) "Bodily injury" or "property damage" for c. Coverage B does not apply to "personal and which the vendor is obligated to pay advertising injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability in a contract or agreement. organization. This exclusion does not apply to
4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b) Any express warranty unauthorized by insured while operating such watercraft with your you;
permission. Any other person or organization (c) Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising oul of the operation of the watercraft, and (d) Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability. demonstration, testing. or the However, no person or organization is an insured substitution of parts under instructions with respect lo: from the manufacturer, and then
a. "Bodily injury" to a co-"employee" of the repackaged in the original container:
person operating the watercraft; or (e) Any failure to make such inspections, b. "Property damage" to property owned by. adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with the distribution or sale of the products;
5. Additional Insureds When Required By
Written Contract, Written Agreement Or (f) Demonstration, installation, servicing Permit or repair operations, except such
The following person(s) or organization(s) are an operations performed at the vendor's additional insured when you have agreed, in a premises in connection: with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on vour policy, provided the relabeled or used as a container. part injury or damage occurs subsequent lo the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor; or
(h) "Bodily injury" or "property damage" omissions of those acling on your behalf:
arising out of the sole negligence of the (1) In connection with your premises; or vendor for its own acts or omissions or
(2) In the performance of your angoing
those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this
behalf.
exclusion does not apply to:
With respect to the insurance afforded these
(i) The exceptions contained in Sub-
additional insureds, the following additional
paragraphs (d) or (f); or exclusion applies:
(ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury". "property damage" or "personal and agreed to make or normally
advertising injury" arising out of the rendering
underlakes to make in the usual of or the failure to render any professional course of business, in connection
services by or for you. inciuding:
with the distribution or sale of the
1. The preparing, approving, or failing to
products.
prepare or approve, maps, shop drawings,
(2) This insurance does not apply to any
opinions, reports, surveys, field orders,
insured person or organization, from change orders or drawings and whom you have acquired such products. specifications; or or any ingredient, part or container,
entering into, accompanying or containing 2. Supervisory, inspection, architectural or such products engineenng activities.
This exclusion applies even if the claims
b. Lessors Of Equipment
against any insured allege negligence
(1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury". by that insured, if the "occurrence" which "property damage" or "personal "bodily injury" or "property adverlising injury" caused, in whole or in , or the offense which caused the part, by your maintenance, operation or "personal and advertising injury". invoived the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you. (2) With respect 1o the insurance afforded to
e. Permits Issued By State Or Political
these additional insureds this insurance Subdivisions
does not apply to any "accurrence" which
takes place after the ecuipment lease Any state or political subdivision, but only with respect to operations performed by you or on
your behalf for which the state or political
c. Lessors Of Land Or Premises subdivision has issued a permit.
Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply 1o:
maintenance or use of that part of the land or
(1) "Bodily injury", "property damage" o
premises leased to you.
"personal and advertising injury" arising
With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply:
(2) "Bodily injury" or • "property damage"
This insurance does not apply to: included within the "products-completed
1. Any "occurrence" which takes place after operations hazard". you cease to lease that land; or f. Any Other Party
2. Structural alterations, new construction or Any other person or organization who is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization. through e. above, but only with respect to d. Architects, Engineers Or Surveyors liability for "bodily injury". "property damage" Any architect, engineer, or surveyor, but only or "personal and advertising injury" caused, in with respect to lability for "bodily injury". whole or in part, by your acts or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part, behalf:
by your acts or omissions or the acts ot (1) In the performance of your ongoing operations;
HG 00 01 09 16 Page 13 of 21
(2) In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership, (3) In connection with "your work" and joint venture or limited liability company that is not shown as a Named Insured in the Deciarations.
includec within the "products-completed
operations hazard", bul only if SECTION III - LIMITS OF INSURANCE 1) Ine writter contract or agreemer 1. The Most We Will Pay equires vou to provide such coverad
The Limits of Insurance shown in the
to such additional insured; and Declarations and the rules below fix the most we (b) This Coverage Part provides coverage will pay regardless of the number of:
for "bodily injury" or "property damage" a. Insureds:
included within the "products-
completed operations hazard". b. Claims made or "suits" brought; or However: c. Persons or organizations making claims or
bringing "suits".
(1) The insurance afforded to such additiona:
insured only applies to the extent 2. General Aggregate Limit permitted by law; and The Gerieral Aggregate Limit is the most we will (2) If coverage provided to the additiona. pay for the sum of:
insured recuired by a contract or a. Medical expenses under Coverage C; agreement, the insurance afforded to such b. Damages under Coverage A, except additional insured will not be broader than damages because of "bodily injury" or that which you are required by the contract "property damage" included in the "products- or agreement to provide for such completed operations hazard"; and additional insured.
c. Damages under Coverage B.
With respect to the insurance afforded to
3. Products-Completed Operations Aggregate
these additional insureds, this insurance does
Limit
not apply to:
injury™ "property damage" or The Products-Completed Operations Aggregate "personal and advertising injury" arising out of Limit is the most we will pay under Coverage A for damages because of "bodily injury" and
the rendering of, or the failure to render, any
"property damage" included in the "products-
professional architectural, engineering or completed operations hazard™. surveying services, including:
(1) The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve, maps, shop drawings. Subject to 2. above, the Personal and opinions, repons, surveys, field orders, Advertising Injury Limit is the most we will pay change drawings under Coverage B for the sum of all damages specifications; or because of all "personal and advertising injury" sustained by any one person or organization.
2) supervisory. inspection, archilectural o
naineering activitie: 5. Each Occurrence Limit
This exclusion applies even if the claims Subject to 2. or 3. above, whichever applies, the against any insured allege negligence or Each Occurrence Limit is the most we will pay for other wrongdoing in the supervision, hiring, the sum of:
employment, training or monitoring of others a. Damages under Coverage A; and by that insured, if the "occurrence" which b. Medical expenses under Coverage C caused the
damage", or the offense which caused the because of all "bodily injury" and "property "personal and advertising injury". involved the damage" arising out of any one "occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 5. above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we wili pay insureds is described in Section II - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this insurance applies when other insurance rented to you, or in the case of damage by fire, is available to the additional insured is described lightning or explosion, while rented to you or in the Other Insurance Condition in Section IV - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
caused by the same event, whether such must:
damage results from fire, lightning or explosion (1) Immediately record the specifics of the or any combination of these.
claim or "suit" and the date received; and
7. Medical Expense Limit
(2) Notify us as soon as practicable.
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all You or any additional insured must see to it medical expenses because of "bodily injury" that we receive written notice of the claim or "suit" as soon as practicable.
sustained by any one person.
B. How Limits Apply To Additional Insureds c. Assistance And Cooperation Of The Insured
If you have agreed in a written contract or written
agreement that another person or organ zation You and any other involved insured must:
be added as an additional insured on vour policy. (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the claim or "suit";
a. The limits of insurance specified in the written
contract or written agreement; or (2) Authorize us to obtain records and other information;
b. The Limits of Insurance shown in the
Declarations. (3) Cooperate with us in the investigation or settlement of the claim or defense against
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the the "suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the enforcement of any night against any person
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid, without our consent.
Insurance.
e. Additional Insureds Other Insurance
SECTION IV - COMMERCIAL GENERAL If we cover a claim or "suit" under this
LIABILITY CONDITIONS
Coverage Part that may also be covered by
1. Bankruptcy otner insurance available to an additional Bankruptcy or insoivency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity.
2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written
a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to it insurance is primary and non-contributor that we are notified as soon as practicable of with the additional insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How, when and where the "occurrence" or additional insured only when such offense took piace; "occurrence", offense, claim or "suit" is known (2) The names and addresses of any injured
persons and witnesses; and (1) You or any additional insured that is an (3) The nature and location of any injury or individual; damage arising out of the "occurrence" or (2) Any partner, if you or the additional offense. insured is a partnership;
HG 00 01 09 16 Page 15 of 21
(3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company: That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation: you or temporarily occupied by you with
(5) Any trustee, if you or the additional permission of the owner, insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I - Coverage A - Bodily Injury And additional insured. Property Damage Liability;
(5) Property Damage To Borrowed
3. Legal Action Against Us
Equipment Or Use Of Elevators
No person or organization has a right under this If the loss arises out of "property damage" Coverage Part:
to borrowed equipment or the use of
a. To join us as a party or otherwise bring us elevators to the exten: not subject lo into a "suit" asking for damages from an Exclusion j. of Section I - Coverage A - insured; or Bodily Injury And Property Damage
b. To sue us on this Coverage Part unless all of Liacility:
its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance; or liability signed by us, the insured and the
claimant or the claimant's legal representative. (7) When You Add Others As An Additional Insured To This Insurance
4. Other Insurance Any other insurance available to an
If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our However, the following provisions apply to other insurance available to any person or
obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part.
This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract
rimary, we will share with all that othe This insurance is primary if you have insurance by the method described in c agreed in a written contract or written below.
agreement that this insurance be
b. Excess Insurance primary. If other insurance is also This insurance is excess over any of the cher primary, we will share with ail that whether primary, excess, other insurance by the method
Contagent or on at other prisis: described in c. below. (1) Your Work (b) Primary And Non-Contributory To
That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk. Installation Risk or similar coverage Contract
for "your work": If you have agreed in a written
(2) Premises Rented To You contract, written agreement, or permit that this insurance is primary and non-
That is fire, lightring or explosion contributory with the additional insurance for premises rented to you or insured's own insurance, this insurance temporarily occupied by you with is primary and we will not seek permission of the owner; contribution from that other insurance.
Paragraphs (a) and (b) do not apply to computation, and send us copies at such other insurance to which the additional times as we may request. insured has been added as an additional 6. Representations a. When You Accept This Policy
When this insurance is excess, we will have By accepting this policy, you agree:
no duty under Coverages A or B to defend
the insured against any "suit" if any other (1) The statements in the Declarations are insurer has a duty to defend the insured accurate and complete; against that "suit". If no other insurer defends, (2) Those statements are • based upon we will undertake to do so, but we will be representations you made to us; and entitled to the insured's rights against all (3) We have issued this policy in reliance those other insurers. upon your representations.
When this insurance is excess over other
insurance, we will pay only our share of the b. Unintentional Failure To Disclose Hazards amount of the loss, if any, that exceeds the If unintentionaily you should fail to disciose ail sum of: hazards relating to the conduct of your
(1) The total amount that all such other business that exist at the inception date of insurance would pay for the loss in the this Coverage Part, we shail not deny absence of this insurance; and coverage under this Coverage Part because of such failure.
(2) The total of al. deductible and self-insured
amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, if any, with Except with respect to the Limits of Insurance, any other insurance that is not described in and any rights or duties specifically assigned in this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this insurance applies:
Limits of Insurance shown in the Declarations a. As if each Named insured were the only of this Coverage Part. Named Insured: and
c. Method Of Sharing b. Separately to each insured against whom If all of the other insurance permits claim is made or "suit" is brough:
contribution by equal shares, we will follow 8. Transfer Of Rights Of Recovery Against this method also. Under this approach each Others To Us insurer contributes equal amounts until it has
paid its applicable limit of insurance or none a. Transfer Of Rights Of Recovery of the loss remains, whichever comes first. if the insured has rights to recover all or part If any of the other insurance does not permit cf any payment, including Supplementary will Payments, we have made under this
contribution by equal shares. we
contribute by limits. Under this method, each Coverage Part, those rights are transferred to insurer's share is based on the ratio of its us. The insured must do nothing after loss to impair them. At our request, the insured will
applicable limit of insurance to the total
bring "suit" of transfer those rights to us and
applicable limits of insurance of all insurers.
help us enforce them.
5. Premium Audit
b. Waiver Of Rights Of Recovery (Waiver Of
a. We will compute all premiums for this
Coverage Part in accordance with our rules Subrogation) If the insured has waived any rights of
b. Premium shown in this Coverage Part as recovery against any person or organization for all or part of any payment, including
advance premium is a deposit premium only.
At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Goverage Part, we also waive that and send notice to the first Named Insured. right, provided the insured waived their rights of recovery against such person or
The due date for audit and retrospective
premiums is the date shown as the due date organization in a contract, agreement or on the bill. If the sum of the advance and permit that was executed prior to the injury or audit premiums paid for the policy period is damage.
greater than the eamed premium. we will 9. When We Do Not Renew return the excess to the first Named Insured. If we decide not to renew this Coverage Part, we c. The first Named Insured must keep records of will mail or deliver to the first Named Insured the information need for premium shown in the Declarations written notice of the HG 00 01 09 16 Page 17 of 21
nonrenewal not less than 30 days before the c. All other parts of the world if the injury or expiration date. damage arises cut of:
If notice is mailed, proof of mailing will be (1) Goods or products made or sold by you in sufficient proof of notice. the territory described in a. above; SECTION V - DEFINITIONS (2) The activities of a person whose home is
1. "Advertisement" means the widespread public in the territory described in a. above, but is dissemination of information or images that has away for a short time on your business; or the purpose of inducing the sale of goods, (3) "Personal and advertising injury" offenses products or services through: that take place through the Internet or a. (1) Radio; similar electronic means of communication (2) Television; provided the insured's responsibility to pay damages is determined in the United States of
(3) Billboard; America (including its territories and possessions). (4) Magazine; Puerto Rico or Canada, in a "suit" on the merits (5) Newspaper; or according to the substantive law in such territory or in a settlement we agree to.
b. Any other publication that is given widespread
public distribution. 7. "Employee" includes a "leased worker".
However, "advertisement" does not include: "Employee" does not include a "temporary worker"
a. The design, printed material, information or
8. "Employment-Related Practices" means:
images contained in, on or upon the
packaging or labeling of any goods or a. Refusal to employ that person; products; or b. Termination of that person's employment; or b. An interactive conversation between or c. Empioyment-related practices, policies, acts among persons through a computer network. or omissions, such as coercion, demotion,
2. "Advertising idea" means any idea for an evaluation, discipline, defamation, harassment, reassignment, humiliation,
"advertisement".
3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution directed at that person.
threat of exposure to the actual or alleged
properties of asbestos and includes the mere 9. "Executive officer" means a person holding any presence of asbestos in any form. of the officer positions created by your charter.
4. "Auto" means: constitution, by-laws or any other similar governing document.
a. A land motor vehicle, trailer or semitrailer 10. "Hostile fire" means one which becomes designed for travel on public roads, including
uncontrollable or breaks out from where it was
any attached machinery or equipment; or
intended to be.
b. Any other land vehicle that is subject to a
11. "Impaired property" means tangible property.
compulsory or financial responsibility law or other than "your product" or "your work", that other motor vehicie insurance law where it is
cannot be used or is less useful because:
licensed or principally garaged.
a. It incorporates "your product" of "your work"
However, "auto" does not include "mobile
that is known or thought to be defective,
equipment".
deficient, inadequate or dangerous; or
5. "Bodily injury" means physical:
b. You have failed to fulfil! the terms of a
a. Injury; contract or agreement.
b. Sickness; or
if such property can be restored to use by the
c. Disease repair, replacement, adjustment or removal of sustained by a person and, if arising cut of the "your product" or "your work", or your futilling the above, mental anguish or death at any time. terms of the contract or agreement.
6. "Coverage territory" means: 12. "Insured contract" means:
a. The United States of America (including its a. A contract for a lease of premises. However. territories and possessions), Puerto Rico and that portion of the contract for a lease of Canada; premises that indemnifies any person cr
b. International waters or airspace, but only if organization for damage by fire, lightning or the injury or damage occurs in the course of explosion to premises while rented to you or travel or transportation between any places temporarily occupied by you with permission included in a. above; or of the owner is subject to the Damage to
Premises Rented To You Limit described in 14. "Loading or unloading" means the handling of Section III - Limits of Insurance; property:
b. A sidetrack agreement; a. After it is moved from the place where it is c. Ay easemen: or license agreement, accepted for movement into or onto an including an easement or license agreement aircraft, watercraft or "auto"; in connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the piace where it is with work for a municipality; finally delivered;
e. An elevator maintenance agreement; but "loading or unioading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (inciuding an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft, watercraft or "auto". with work performed for a municipality) under
which you assume the tort liability of another 15. "Mobile equipment" means any of the following party to pay for "bodily injury" or "property types of land vehicles, Including any attached machinery or equipment:
damage" to a thiro person or organization,
provided the "bodily injury" or "property a. Buildozers, farm machinery, forklifts and other darage" is caused, in whole or in part, by vehicles designed for use principally off public you or by those acting on your behalf. Tort roads;
liability means a liability that would be b. Vehicles maintained for use solely on or next imposed by law in the absence of any to premises you own or rent; contract or agreement c. Vehicles that travel on crawier treads; Paragraph f. includes that part of any contract
d. Vehicles, whether self-propelled or not,
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising maintained primarily to provide mobility to out of construction or demolition operations. permanently mounted:
within 50 feet of any railroad property and (1) Power cranes, shovels, loaders, diggers or affecting any railroad bridge or trestle, tracks, drills; or road-beds, tunnel, underpass or crossing (2) Road construction resurfacing However, Paragraph f. does not include that equipment such as graders, scrapers or part of any contract or agreement: rollers;
(1) That indemnifies an arcnitect, engineer or e. Vehicles not described in a., b., c. or d. above surveyor for injury or damage arising out of: that are not self-propelled and are maintained (a) Preparing, approving, or failing to primarily to provide mobility to permanently prepare or approve, maps, attached equipment of the following types:
drawings, opinions, reports, surveys, (1) Air compressors, pumps and generators, fred roar, chance field orders, change orders or drawings including spraying. welding, building cleaning, geophysical exploration, lighting
(b) Giving directions or instructions, or and well servicing equipment; or failing to give them, if that is the (2) Cherry pickers and similar devices used to primary cause of the injury or damage; raise or lower workers; f. Vehicles not described in a., b., c. or d. above
(2) Under which the insured, if an architect, maintained primarily for purposes other than engineer or surveyor, assumes liability for the transportation of persons or cargo. an injury or damage arising out of the
insured's rendering or failure to render However, self-propelled vehicies with the professional services, including those listed following types of permanently attached in (1) above and supervisory, inspection, equipment are not "mobile equipment" but will be considered "autos":
architectural or engineering activities.
13. "Leased worker" means a person leased to you (1) Equipment designed primarily for:
by a labor leasing firm under an agreement (a) Snow removal; between you and the labor leasing firm, to (b) Road maintenance, but not perforn duties related to the conduct of your construction or resurfacing; or business. "Leased worker" does not include a
"temporary worker". (c) Street cleaning:
HG 00 01 09 16 Page 19 of 21
(2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis bandoned. However, "your work" will b and used to raise or lower workers; and blowed completed at the carlast of th (3) Air compressors, pumps and generators,
including spraying, welding, (a) When all of the work called for in you cleaning. geophysical exploration, lighting contract has been completed and well servicing equipment.
(b) When all of the work to be done at the
However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or
principaily garaged. Land vehicies subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization other than another contractor or
16. "Occurrence" means an accidenl, including subcontractor working on the same project.
continuous or repeated exposure to substantially Work that the same general harmful conditions. may need service,
maintenance, correction, is repair
17. "Personal and advertising injury" means replacement, but which otherwise injury, including consequential bodily injury", complete, will be treated as completed. arising aut of one or more of the following
offenses: b. Does not include "bodily injury" or "property damage" arising out of:
a. False arrest, detention or imprisonment;
(1) The transportation of property, unless the
b. Malicious prosecution; injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its cwner, (2) The existence of tools, uninstalled landlord or lessor: equipment or abandoned or unused
d. Oral, written or electronic pubiication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services:
completed operations are subject to the
e. Oral, written or electronic publication, in any General Aggregate Limit. manner, of material that violates a person's 20. "Property damage" means:
right of privacy;
f. Copying, in your "advertisement", a person's a. Physical injury to tangible property, including all resulting loss of use of that property. All
or organization's "advertising idea" or style of such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement". b. Loss of use of tangible property that is not physically injured. All such loss of use shall
18. "Pollutants" mean any solid, liquid, gaseous or be deemed to occur at the time of the thermal irritant or contaminant, including smoke. "occurrence" that caused it. vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled. As used in this definition, computerized or reconditioned or reclaimed. lectronically stored data, programs or software re not tangible property. Electronic data means
19. "Products-completed operations hazard": information, facts or programs:
a. Includes all "bodily injury" and "property a. Stored as or on; damage" occurring away from premises you
own or rent and arising out of "your product" b. Created or used on; or or "your work" except: c. Transmitted to or from;
(1) Products that are still in your physical computer software, including systems and possession; or applications software, hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing 25. "Your work":
devices or any other media which are used with a. Means:
electronically controlled equipment.
(1) Work or operations performed by you or
21. "Suit" means a civil proceeding in which on your behalf; and damages because of "bodily injury". "property
damage" or "personal and advertising injury" to (2) Materials, parts or equipment furnished in which this insurance applies are alleged. "Suit" connection with such work or operations. includes: b. Includes
a. An arbitration proceeding in which such (1) Warranties or representations made al damages are claimed and to which the any time with respect to the fitness. insured must submit or does submit with our quality, durability, performance or use of consent; or "your work", and
b. Any other alternative dispute resolution (2) The providing of or failure lo provide proceeding in which such damages are warnings or instructions. claimed and to which the insured submits with
our cons ent.
22. "Temporary worker" means a person who is
furished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.
24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled.
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other vehicles)
materials, parts or equipment 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
(2) The providing of or failure to provide
warnings or instructions.
• Does not include vending machines or othe
roperty rented to or located for the use d
others but not sold.
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