Insured Full Copy
2024460 08-24-22
PALMER AGENCY
2415 CAMPUS DR STE 202
IRVINE, CA 92612-8530
DIANE CLEARY
4009 MESA ST
TORRANCE, CA 90505-6309
CUSTOMER NUMBER: RUN DATE:
BUSINESSOWNERS
XB CW 77 12 19
XB CW 77 12 19 Allstate Insurance Company Page 1 of 1
Important Notice – Customer-Requested Cancellation
When a mid-term cancellation request is made by the customer, an administrative fee may be applied, as allowed by applicable law.
Allstate Business Insurance follows industry standards for processing early cancellation requests.
Please refer to SECTION III – COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I – PROPERTY AND SECTION II – LIABILITY), paragraph A.5. of the BUSINESSOWNERS COVERAGE FORM (BP 00 03). If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.
Policies cancelled prior to the expiration date, by the first Named Insured, will be subject to an administrative fee also known as a short-rate fee of 10% of the unearned premium.
The following is an example of the administrative fee calculation, when the refund is less than pro rata:
An annual policy with a premium of $1,200 is cancelled 30 days after the start of the policy. Allstate will collect on the unearned premium (the premium that corresponds to the time period remaining on the policy).
Annual Policy Premium: $1,200 30 days of coverage
Pro rata: .918 (365 days - 30 days coverage = 335 unearned days, divided by 365 days =.918) Short-rate: .826 (pro rata .918 times .90 (10% short rate fee) = .826) $1,200 x .826 = $991.00 Return Premium
Insured Full Copy
Insured Full Copy
XM CA 11 01 10 Allstate Insurance Company
IMPORTANT NOTICE
The premium for your insurance policy is based on a variety of factors, including information you have given us. Factors which can affect your premium include, for example, how many buildings at the same location that are covered by your policy, the age of the buildings, and the type of construction. It is important that you notify us if the information upon which your premium is based is incorrect, incomplete, or changes. For example, improvements to loss control and prevention methods such as improving your sprinkler system, could reduce your premium. We encourage you to contact your agent from time to time to help ensure that you are receiving any premium reductions for which you may qualify.
We are pleased that you’ve chosen Allstate to help protect your business. Please note that this Important Notice provides only a general description of factors that apply or items that may reduce your premium. If you have any questions about these factors or items that may reduce your premium, please contact your Allstate agent.
Insured Full Copy
Includes copyrighted material of Insurance Services Office, Inc., with its permission XM CA 69 09 12 Allstate Insurance Company
CALIFORNIA PREMIUM REFUND DISCLOSURE NOTICE
In accordance with CAL. INS. CODE 481.(c), we are notifying you that in the event that the first Named Insured cancels the insurance policy, we shall retain 10% of the unearned premium. The premium refunded to you will therefore be calculated as 90% of the pro rata unearned premium.
However, the penalty set forth in the preceding paragraph will not apply under the following circumstances, even if the first Named Insured cancels the policy:
1. The Insured(s) no longer has a financial or insurable interest in the property or business operation that is the subject of insurance; or
2. The policy is rewritten in the same insuring company or company group.
Insured Full Copy
SEE THE IMPORTANT PAYMENT INFORMATION FORM FOR DETAILS ABOUT PAYMENT OPTIONS
BUSINESSOWNERS POLICY
648833305
11-07-2022 11-07-2023
08-24-22
INDIVIDUAL
TAX PREPARATION AND TRANSCRIPTION SERVICES
Allstate Insurance Company
$ 974.00
PALMER AGENCY
DIANE CLEARY
4009 MESA ST
TORRANCE CA 90505-6309
PALMER AGENCY
2415 CAMPUS DR STE 202
IRVINE CA 92612-8530
$ 974.00
$ 1.00
DM CA 02 04 21
DM CA 02 04 21 Allstate Insurance Company
Policy Number
COMMON POLICY DECLARATIONS
2775 Sanders Road, Northbrook, IL 60062
A STOCK INSURANCE COMPANY
Item 1. Named Insured and Mailing Address Agent Name and Address Item 2. Policy Period From: To:
at 12:01 A.M., Standard Time at your mailing address shown above.
Item 3. Business Description:
Form of Business:
Item 4. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.
This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment.
Coverage Part(s) Premium
Commercial Property Coverage Part
Commercial General Liability Coverage Part
Crime and Fidelity Coverage Part
Commercial Inland Marine Coverage Part
Commercial Auto (Business or Truckers) Coverage Part
Commercial Garage Coverage Part
Terrorism Risk Insurance Act Coverage
Total Policy Premium
Item 5. Forms and Endorsements
Form(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
Countersigned:
Date: By:
Authorized Representative
THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY.
XM CW 13 02 15 Allstate Insurance Company
Important Payment Information – Please Read Carefully.
Total Premium for the Policy Period
If you pay in installments* $974.00
If you pay in full (includes FullPay® Discount)** $944.00 Choose one of the following types of payment plans that best meets your needs:
* Pay in installments. You will be sent a bill each month. The minimum amount due on each billing statement will include a $3.50 installment fee. The installment fee may vary by payment method – see below. You can choose to pay more toward your premium, but the monthly installment fee will still apply.
** Pay your premium in full and receive the FullPay® Discount. The amount to pay in full is shown above and will appear on your initial invoice for renewals only. To qualify for this discount on a new business policy, the policy must be paid in full at the time the policy was bound/issued. To qualify for this discount on a renewal policy, the policy must be paid in full by the effective date of the policy. This discount is not applicable to Umbrella or Excess policies. Other restrictions may apply.
Ways to pay
Pay using the Allstate® Easy Pay Plan. You can have the payment automatically deducted from your checking account using the Allstate® Easy Pay Plan. There is a $1.00 installment fee for each Allstate® Easy Pay Plan payment. (You may be eligible for an Allstate® Easy Pay Plan discount – contact your Allstate representative.) Pay using Recurring Credit Card (RCC). You can have your payment automatically taken from your credit card each month with recurring credit card payments. There is a $3.50 installment fee for each Recurring Credit Card payment. Call or Visit your Allstate Agent or Send by Mail. You may pay your bill by mail or contact your Allstate representative to pay using a one-time electronic check, check, credit or branded debit card.
On-Line Banking. Be sure to enter [account number] as the account number and P.O.
BOX 4344, Carol Stream, IL 60197-4344 as the payment address.
Note: If you are on Allstate® Easy Pay Plan or Recurring Credit Card your automatic deductions will be scheduled based on the payment plan currently applied to your policy.
You must contact your agent to change your payment plan.
Insured Full Copy
Insured Full Copy
648833305
PALMER AGENCY
AM CW 02 11 09 Allstate Insurance Company
POLICY NUMBER: MULTILINE
AM CW 02 11 09
WITNESS CLAUSE
IN WITNESS WHEREOF, Allstate has caused this policy to be signed by its Secretary and its President at Northbrook, Illinois
Mary Jovita McGinn Thomas J. Wilson
Secretary President
Countersigned by : , Authorized Representative
Insured Full Copy
XM CW 50 01 10 Allstate Insurance Company
Your Allstate Agency
Allstate relies on thousands of local agencies to assist customers with their insurance decision-making process by providing customers with information and high quality service. These agencies represent Allstate and provide numerous services to customers on its behalf. Agencies are paid a commission by the company for selling and servicing Allstate’s insurance policies and may be eligible to receive additional compensation and rewards based on performance.
Insured Full Copy
XM CW 40 01 10 Allstate Insurance Company
ALLSTATE CLAIM REPORTING
To report a claim on your Allstate Business Insurance policy, you may contact your agent for assistance or you may report your claim directly by contacting us at the following phone numbers.
To report a claim for:
Commercial Property/ Casualty policies: 1(800) 359-1000 Insured Full Copy
648833305
11-07-22
PALMER AGENCY
DIANE CLEARY
Allstate Insurance Company
COMMON POLICY FORMS AND ENDORSEMENTS
*XB CW 11 05-20 IMPORTANT NOTICE - AUTOMATIC INCREASE
*XB CW 30 07-17 IMPORTANT NOTICE -UNMANNED AIRCRAFT EXCL DM CA 02 04-21 COMMON POLICY DECLARATIONS
XM CW 13 02-15 IMPORTANT PAYMENT INFORMATION
AM CW 02 11-09 WITNESS CLAUSE
DM CW 12 01-10 SCHEDULE OF FORMS AND ENDORSEMENTS
DM CW 14 01-10 SCHEDULE OF LOCATIONS
*AM CA 03 11-09 CALIFORNIA INDEPENDENT COUNSEL ENDT
BUSINESSOWNERS FORMS AND ENDORSEMENTS
DB CW 01 01-16 BUSINESSOWNERS POLICY DECLARATIONS
DB CW 02 01-16 BUSINESSOWNERS POLICY DECLARATIONS-2
*AB CW 11 01-16 BUSINESS PERSONAL PROP - AUTOMATIC INCR *HB CW 03 01-14 EQUIPMENT BREAKDOWN COVERAGE
HB CW 30 01-14 CYBERONE COVERAGE
HM CW 50 01-17 MISC PROFESSIONAL LIABILITY ENDORSEMENT
*BP 01 55 07-20 CALIFORNIA CHANGES
*AB CW 01 11-09 EXCLUSION ASBESTOS
AB CW 02 11-09 AMENDATORY ENDORSEMENT
*AB CW 03 01-14 EXCLUSION-LIABILITY FOR HAZARDS OF LEAD *AB CW 04 01-14 EXCLUSION - MARIJUANA
*AB CW 07 01-14 AMENDATORY ENDORSEMENT
*BC W5 55 01-18 HOME BASED BUSINESS SHIELD FOR PROFESSI *BP 04 17 01-10 EMPLOYMENT - RELATED PRACTICES EXCLUSION *BP 04 39 07-02 ABUSE OR MOLESTATION EXCLUSION
*BP 04 92 07-02 TOTAL POLLUTION EXCLUSION
*BP 05 01 07-02 CALCULATION OF PREMIUM
*BP 05 17 01-06 EXCLUSION-SILICA OR SILICA-RELATED DUST BP 05 24 01-15 EXCL/CERT ACTS - TERROR; COV/FIRE LOSSES *BP 05 41 01-15 EXCL CERTIFIED AND OTHER ACTS-TERRORISM BP 05 47 07-13 COMPUTER FRAUD AND FUNDS TRANSFER FRAUD
*BP 05 77 01-06 FUNGI OR BACTERIA EXCLUSION (LIABILITY) *BP 14 86 07-13 COMMUNICABLE DISEASE
*BP 14 91 07-13 AMNDT - PERSONAL AND ADVERTISING INJURY *BP 15 04 05-14 EXCL-DISCL OF CONFI INFO & DATA-REL LIAB BP 15 11 12-16 EXCLUSION - UNMANNED AIRCRAFT
*BP 00 03 07-13 BUSINESSOWNERS COVERAGE FORM
* These forms are part of this policy but are not printed
DM CW 12 01 10
DM CW 12 01 10 Allstate Insurance Company
Policy Number
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
Insured Full Copy
648833305
11-07-22
PALMER AGENCY
DIANE CLEARY
Allstate Insurance Company
001 001 4009 MESA ST, TORRANCE, CA 90505-6309
DM CW 14 01 10 Allstate Insurance Company
Policy Number
SCHEDULE OF LOCATIONS
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
Loc.
No.
Bldg.
No.
Designated Locations
(Address, City, State, Zip Code) Occupancy
Insured Full Copy
648833305
11-07-2022
Allstate Insurance Company
DIANE CLEARY
001 $ 250 $ 500
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
DB CW 01 01 16 Copyright, Insurance Services Office, Inc., 2009 Allstate Insurance Company
Policy Number:
BUSINESSOWNERS POLICY DECLARATIONS
Named Insured: Effective Date:
12:01 A.M., Standard Time
Agent Name:
Described Premises: See Schedule of Locations
Mortgage Holder Name and Address: See Schedule Of Mortgagees
SECTION I - PROPERTY
Blanket Insurance
Blanket # Type of Property Limit of Insurance
Deductibles (Apply per location, per occurrence)
Prem. No.
Property
Deductible
Optional Coverage (Other Than Equipment
Breakdown Protection Coverage) Deductible
Windstorm or Hail Percentage
Deductible
For Additional Deductible Information: See Schedule of Deductibles Additional Coverages - Optional Higher Limits / Extended Number Of Days (Per Policy) Coverage
Additional
Premium
Limit of Insurance /
Extended Number of Days
Forgery or Alteration
Business Income --- Extended Number of Days for Ordinary Payroll Expense Days
Extended Business Income ---- Extended Number of Days Days Electronic Data - Increased Limit (Section I Property)
Interruption of Computer Operations - Increased Limit
Additional Coverages - Optional Higher (Per Premises)
Coverage Prem No.
Additional
Premium Limit of Insurance
Other: See Schedule of Additional Coverages - Per Premises Prem No.
Optional
Deductible
Optional Revised Time
Deductible
Equipment Breakdown Protection Coverage
Insured Full Copy
$ 5,000
$974.00
$ 1,000,000
$ 50,000
$ 2,000,000
$ 2,000,000
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
DB CW 01 01 16 Copyright, Insurance Services Office, Inc., 2009 Allstate Insurance Company
SECTION II --- LIABILITY AND MEDICAL EXPENSES
Each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II - Liability in the Businessowners Coverage Form and any attached endorsements.
Coverage Limit of Insurance
Liability And Medical Expenses Per Occurrence
Medical Expenses Per person
Damage To Premises Rented To You Any One Premises
Other Than Products / Completed Operations Aggregate
Products/Completed Operations Aggregate
Optional Coverages ---- Applicable only if an "X" is shown in the boxes below:
Coverage Limit of Insurance
Broadened Coverage For Damage to Premises
Rented to You
Per Occurrence
Self-storage Facilities ---- Customer Goods Legal
Liability (Optional Increased Limits)
Per Occurrence
Motels ---- Liability for Guests’ Property
(Optional Limits)
Per Occurrence
Per Guest
Motels ---- Liability for Guests’ Property In Safe
Deposit Boxes
Per Occurrence
Deductible
Optional Property Damage Liability Deductible:
Per Claim Per Occurrence
Forms and Endorsements: See Schedule of Forms and Endorsements Premium for this Businessowners Policy:
Insured Full Copy
$ 25,437
X $ 10,000
$ 5,000
001 001
N 25
X
2 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
DB CW 02 01 16 Copyright, Insurance Services Office, Inc., 2012 Allstate Insurance Company
Property Details
Property Coverage Limits of Insurance
Premises
Number
Building
Number
Type of Property
(Building Or Business
And Personal Property
Actual
Cash
Value of
Building
Option
(Y/N)
Auto
Increase
Limit
(%) **
Business
Personal
Property -
Seasonal
Increase
(%)
Blanket #
If
applicable Limit of Insurance*
Building
Business Personal
Property
*Includes Automatic Increase Building and/or Business Personal Property Limit Percentage **This percentage can only vary by premises, not by building.
Optional Coverages - Applicable only if an "X" is shown in the boxes below:
Coverage Limit of Insurance
Outdoor Signs Per Occurrence
Money And Securities Inside the Premises
Outside the Premises
Employee Dishonesty Per Occurrence
Equipment Breakdown Protection Coverage Included
Burglary And Robbery
(Named Peril Endorsement only)
Money And Securities (Amount included when
Burglary and Robbery Option is selected)
Inside the Premises
Outside the Premises
Other (specify): Please see the Schedule of Optional Coverages Additional Coverages / Coverage Extension - Optional Higher (Per Classification) Coverage Class Code Additional Premium Limit of Insurance Business Income - Dependent Properties
Accounts Receivable
Valuable Papers and Records
Outdoor Property
Business Personal Property Temporarily In
Portable Storage Units
Additional Coverage - Business Income From Dependent Properties Secondary Dependent Properties Yes No
Theft Limitations - Optional Higher Limits (Per Policy) Description of Property Additional Premium Limit of Insurance Earthquake/Volcanic Act Percentage Deductible:
XB CA 02 04 21
Thank you for being a loyal Allstate Insurance Company customer – we’re delighted to have you with us!
Dear Valued Customer,
Here’s Your Allstate Business Insurance Renewal Offer
We’re pleased to offer to continue your Allstate policy for another twelve months, so you can keep getting:
Quality coverage at competitive prices
Access to our knowledgeable, helpful agent network
The peace of mind of knowing your insurance provider is one of the most experienced in the industry
What’s In This Package?
This package contains your insurance documents, including your Renewal Declarations Page—which lists your coverages, coverage limits, premiums and any discounts you’re receiving. You’ll want to review the Declarations Page to make sure you’re comfortable with the coverage choices you’ve made. Keep in mind that policy documents may change, so you should carefully review them at each renewal.
Your Billing And Renewing
We will send you a payment notice in a separate mailing, which will list several convenient payment options. Please mail your payment to us by the due date indicated to ensure that you’re protected.
Renewing your coverage is simple—just make sure we receive the required premium payment when it’s due.
Number of Employees?
One of the rating factors used to determine your premium is the number of employees that you have. Currently your policy is showing 1 employee(s). If this information is incorrect, please contact your agent so that they can update your policy to the correct number of employees.
Square Footage?
One of the rating factors used to determine your premium is the square footage of your business if applicable. Currently your policy is showing 1840 square footage. If this information is incorrect, please contact your agent so that they can update your policy to the correct square footage.
Business Entity?
Currently your policy is showing INDIVIDUAL as the business entity of your business.
If this is incorrect, please contact your agent so that they can update your policy to the correct business entity.
Insured Full Copy
XB CA 02 04 21
Have Questions?
Feel free to give your Allstate representative a call if you have any questions or if you see something that needs updating—coverages, limits, deductibles. Your Allstate representative will be happy to provide you with any additional information.
We Appreciate Your Business
Thank you for choosing Allstate. We appreciate the opportunity to help you protect what you have today and help prepare you for the future.
Sincerely,
Jamie Trish
President
Allstate Business Insurance
Allstate Insurance Company
Enclosures
Insured Full Copy
BUSINESSOWNERS
HB CW 30 01 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HB CW 30 01 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Allstate Insurance Company
CYBERONE COVERAGE
COMPUTER ATTACK AND NETWORK SECURITY LIABILITY
Coverage under this endorsement is subject to the
following SCHEDULE:
SECTION 1 – COMPUTER ATTACK
Computer Attack Limit $100,000
Annual Aggregate
Sublimits
Data Recreation $5,000
Loss of Business $10,000
Public Relations $5,000
Per Occurrence
Computer Attack Deductible $10,000
Per Occurrence
SECTION 2 – NETWORK SECURITY LIABILITY
Network Security Liability Limit $100,000
Annual Aggregate
Network Security Liability Deductible $10,000
Per Occurrence
Network Security Liability Optional Coverage
3 rd Party Business Information Included
The following is added as an Additional Coverage to
the Property section:
SECTION 1 – COMPUTER ATTACK
SECTION 1 – COVERED CAUSE OF LOSS
This Computer Attack coverage applies only if all of
the following conditions are met:
1. There has been a “computer attack”; and
2. Such “computer attack” is first discovered by you
during the policy period for which this
endorsement is applicable; and
3. Such “computer attack” is reported to us as soon
as practicable, but in no event more than 60 days
after the date it is first discovered by you.
SECTION 1 – COVERAGES PROVIDED
If all three of the conditions listed above in SECTION
1 – COVERED CAUSE OF LOSS have been met,
then we will provide you the following coverages for
loss directly arising from such “computer attack”.
1. Data Restoration
We will pay your necessary and reasonable “data
restoration costs”.
2. Data Recreation
We will pay your necessary and reasonable “data
recreation costs”.
3. System Restoration
We will pay your necessary and reasonable
“system restoration costs”.
4. Loss of Business
We will pay your actual “business income loss”
and your necessary and reasonable “extra
expenses”.
5. Public Relations
If you suffer covered “business income loss”, we
will pay for the services of a professional public
relations firm to assist you in communicating your
response to the “computer attack” to the media,
the public and your customers, clients or
members.
SECTION 1 - LIMITS
The most we will pay under Computer Attack
coverage is the Computer Attack Limit indicated for
this endorsement. If no limit is shown or is shown as
Excluded on the SCHEDULE at the top of this
endorsement, then the Computer Attack coverage will
be considered to have a limit of $0.
The most we will pay under Data Recreation
coverage for loss (including “business income loss”
and “extra expense” related to data recreation
activities) arising from any one “computer attack” is
the Data Recreation Sublimit indicated for this
endorsement. This sublimit is part of, and not in
addition to, the Computer Attack Limit. If no sublimit is shown or is shown as Excluded on the SCHEDULE at
the top of this endorsement, then the Data Recreation
coverage will be considered to have a sublimit of $0.
Insured Full Copy
HB CW 30 01 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Allstate Insurance Company
The most we will pay under Loss of Business
coverage for loss arising from any one “computer
attack” is the Loss of Business Sublimit indicated for
this endorsement. This sublimit is part of, and not in
addition to, the Computer Attack Limit. If no sublimit is shown or is shown as Excluded on the SCHEDULE at
the top of this endorsement, then the Loss of
Business coverage will be considered to have a
sublimit of $0.
The most we will pay under Public Relations coverage
for loss arising from any one “computer attack” is the
Public Relations Sublimit indicated for this
endorsement. This sublimit is part of, and not in
addition to, the Computer Attack Limit. If no sublimit is shown or is shown as Excluded on the SCHEDULE at
the top of this endorsement, then the Public Relations
coverage will be considered to have a sublimit of $0.
The Computer Attack Limit is an annual aggregate
limit. This amount is the most we will pay for the total of all loss covered under Section 1 arising out of all
“computer attack” events which are first discovered by
you during the present annual policy period. This limit applies regardless of the number of “computer attack”
events occurring during that period.
A “computer attack” may be first discovered by you in
one policy period but it may cause covered costs in
one or more subsequent policy periods. If so, all
covered costs arising from such “computer attack” will
be subject to the Computer Attack Limit applicable to
the policy period when the “computer attack” was first
discovered by you.
SECTION 1 - DEDUCTIBLE
The Computer Attack coverage is subject to the
Computer Attack Deductible indicated in the
SCHEDULE for this endorsement. You shall be
responsible for the applicable deductible amount as
respects loss arising from each “computer attack”
covered under this endorsement.
SECTION 2 – NETWORK SECURITY
LIABILITY
SECTION 2 – COVERED CAUSE OF LOSS
This Network Security Liability coverage applies only
if all of the following conditions are met:
1. You first receive notice of a “network security
liability suit” during the policy period for which this endorsement is applicable or any Extended
Reporting Periods; and
2. Such “network security liability suit” is reported to us as soon as practicable, but in no event more
than 60 days after the date it is first received by
you.
SECTION 2 – COVERAGES PROVIDED
If both of the conditions listed above in SECTION 2 –
COVERED CAUSE OF LOSS have been met, then
we will provide you the following coverages for loss
directly arising from such “network security liability
suit”.
1. Defense
We will pay your necessary and reasonable
“network security liability defense costs”.
2. Settlement Costs
We will pay your necessary and reasonable
“network security liability settlement costs”.
SECTION 2 - LIMITS
Except for post-judgment interest, the most we will
pay under Network Security Liability coverage is the
Network Security Liability Limit indicated for this
endorsement. If no limit is shown or is shown as
Excluded on the SCHEDULE at the top of this
endorsement, then the Network Security Liability
coverage will be considered to have a limit of $0.
The Network Security Liability Limit is an annual
aggregate limit. This amount is the most we will pay
for the total of all loss covered under Section 2 (other than post-judgment interest) arising out of all “network security liability suits” of which you first receive notice during the present annual policy period or any
Extended Reporting Periods. This limit applies
regardless of the number of “network security liability suits” of which you first receive notice during that
period.
You may first receive notice of a “network security
liability suit” in one policy period but it may cause
covered costs in one or more subsequent policy
periods. If so, all covered costs arising from such
“network security liability suit” (other than postjudgment interest) will be subject to the Network Security Liability Limit applicable to the policy period when notice of the “network security liability suit” was first received by you.
The Network Security Liability Limit for the Extended
Reporting Periods (if applicable) shall be part of, and not in addition to, the Network Security Liability Limit for the immediately preceding policy period.
SECTION 2 - DEDUCTIBLE
The Network Security Liability coverage is subject to
the Network Security Liability Deductible indicated in
the SCHEDULE for this endorsement. You shall be
responsible for the applicable deductible amount as
respects loss arising from each “network security
liability suit” covered under this endorsement.
Insured Full Copy
HB CW 30 01 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Allstate Insurance Company
EXCLUSIONS, ADDITIONAL
CONDITIONS AND DEFINITIONS
APPLICABLE TO ALL SECTIONS
EXCLUSIONS
The following additional exclusions apply to this
coverage:
We will not pay for costs or loss arising from the
following:
1. Loss to the internet, an internet service provider,
or any computer or computer system that is not
owned or leased by you and operated under your
control.
2. Costs to research or correct any deficiency.
3. Any fines or penalties.
4. Any criminal investigations or proceedings.
5. Any threat, extortion or blackmail. This includes,
but is not limited to, ransom payments and private
security assistance.
6. Your intentional or willful complicity in a covered
loss event or your reckless disregard for the
security of your computer system or data.
7. Any criminal, fraudulent or dishonest act, error or
omission, or any intentional or knowing violation of
the law by you.
8. Any “computer attack” occurring prior to the first
inception of this CyberOne coverage endorsement
or any coverage substantially similar to that
described in this endorsement.
9. That part of any “network security liability suit”
seeking any non-monetary relief.
10.Any “network security liability suit” arising from a loss, release or disclosure of business data,
propagation of malware or denial of service attack
that occurred prior to the first inception of this
CyberOne coverage endorsement or any
coverage substantially similar to that described in
this endorsement.
11.The propagation or forwarding of malware,
including viruses, worms, Trojans, spyware and
keyloggers in connection with hardware or
software created, produced or modified by you for
sale, lease or license to third parties.
ADDITIONAL CONDITIONS
The following additional conditions apply to all
coverages under this endorsement.
A. Due Diligence
You agree to use due diligence to prevent and
mitigate costs covered under this endorsement.
This includes, but is not limited to, complying with
reasonable and industry-accepted protocols for:
1. Providing and maintaining appropriate
computer and internet security; and
2. Maintaining and updating at appropriate
intervals backups of computer data.
B. Duties in the Event of a “Network Security
Liability Suit”
1. If a “network security liability suit” is brought
against you, you must:
a. Immediately record the specifics of the
“network security liability suit” and the
date received; and
b. Provide us with written notice, as soon as
practicable, but in no event more than 60
days after the date the “network security
liability suit” is first received by you.
c. Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
“network security liability suit”;
d. Authorize us to obtain records and other
information;
e. Cooperate with us in the investigation,
settlement or defense of the “network
security liability suit”;
f. Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to you because of loss to which this
insurance may also apply; and
g. Not take any action, or fail to take any
required action, that prejudices your
rights or our rights with respect to such
“network security liability suit”.
C. Extended Reporting Periods
1. You shall have the right to the Extended
Reporting Periods described in this section, in
the event that:
a. You or we cancel this CyberOne
coverage;
b. You or we refuse to renew this CyberOne
coverage; or
c. We renew this CyberOne coverage on an
other than a claims-made basis or with a
retroactive date later than the date of the
first inception of this CyberOne coverage
endorsement or any coverage
substantially similar to that described in
this endorsement;
2. If an event as specified in Paragraph 1. has
occurred, you shall have the right to the
following:
a. An Automatic Extended Reporting Period
of 30 days after the effective date of
cancellation or nonrenewal at no
additional premium in which to give to us
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written notice of a “network liability suit” of
which you first receive notice during said
Automatic Extended Reporting Period for
any propagation of malware, denial of
service attack, or if applicable, loss,
release or disclosure of business data
occurring before the end of the coverage
period for this CyberOne coverage and
which is otherwise covered by this
CyberOne coverage; and
b. Upon payment of an additional premium
of 100% of the full annual premium
applicable to this CyberOne coverage, a
Supplemental Extended Reporting Period
of 1 year immediately following the
effective date of cancellation or
nonrenewal in which to give to us written
notice of a “network liability suit” of which
you first receive notice during said
Supplemental Extended Reporting Period
for any loss, release or disclosure of
business data, propagation of malware or
denial of service attack occurring before
the end of the coverage period for this
CyberOne coverage and which is
otherwise covered by this CyberOne
coverage.
To obtain the Supplemental Extended
Reporting Period, you must request it in
writing and pay the additional premium
due, within 30 days of the effective date
of cancellation or nonrenewal. The
additional premium for the Supplemental
Extended Reporting Period shall be fully
earned at the inception of the
Supplemental Extended Reporting
Period. If we do not receive the written
request as required, you may not
exercise this right at a later date.
This insurance, provided during the
Supplemental Extended Reporting
Period, is excess over any other valid and
collectible insurance that begins or
continues in effect after the Supplemental
Extended Reporting Period becomes
effective, whether the other insurance
applies on a primary, excess, contingent,
or any other basis.
D. Network Security Liability Defense
1. We shall have the right and the duty to assume
the defense of any applicable “network security
liability suit” against you. You shall give us
such information and cooperation as we may
reasonably require.
2. You shall not admit liability for or settle any
“network security liability suit” or incur any
defense costs without our prior written consent.
3. If you refuse to consent to any settlement
recommended by us and acceptable to the
claimant, we may then withdraw from your
defense by tendering control of the defense to
you. From that point forward, you shall, at your
own expense, negotiate or defend such
“network security liability suit” independently of
us. Our liability shall not exceed the amount for
which the claim or suit could have been settled
if such recommendation was consented to,
plus defense costs incurred by us, and defense
costs incurred by you with our written consent,
prior to the date of such refusal.
4. We shall not be obligated to pay any damages
or defense costs, or to defend or continue to
defend any “network security liability suit”, after
the Network Security Liability Limit has been
exhausted.
5. We shall pay all interest on that amount of any
judgment within the Network Security Liability
Limit which accrues:
a. After entry of judgment; and
b. Before we pay, offer to pay or deposit in
court that part of the judgment within the
Network Security Liability Limit or, in any
case, before we pay or offer to pay the
entire Network Security Liability Limit.
These interest payments shall be in addition to
and not part of the Network Security Liability
Limit.
E. Other Data Coverage in This Policy
Some elements of this CyberOne coverage may
also be covered under the policy to which this
endorsement is attached. If so, this CyberOne
coverage will apply as excess, additional
coverage. If loss payment has been made under
the policy for the same event, the amount of such
payment will count towards the deductible that
applies to this CyberOne coverage.
F. Services
The following conditions apply as respects any
services provided to you by any service firm
provided or paid for in whole or in part under this
endorsement:
1. The effectiveness of such services depends on
your cooperation and assistance.
2. We do not warrant or guarantee that the
services will end or eliminate all problems
associated with the covered events.
DEFINITIONS
With respect to the provisions of this endorsement
only, the following definitions are added:
1. “Business Income Loss” means the sum of the:
a. Net income (net profit or loss before income
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taxes) that would have been earned or
incurred; and
b. Continuing normal and necessary operating
expenses incurred, including employee
payroll,
actually lost by you during the “period of
restoration”.
2. “Computer Attack” means one of the following
involving a computer or other electronic hardware
that is owned or leased by you and operated
under your control:
a. Unauthorized Access - meaning the gaining
of access to your computer system by an
unauthorized person or persons; or
b. Malware Attack – meaning damage to your
computer system or data arising from
malicious code, including viruses, worms,
Trojans, spyware and keyloggers. This does
not mean damage from shortcomings or
mistakes in legitimate electronic code or
damage from code installed on your computer
system during the manufacturing process.
c. Denial of Service Attack – meaning a
deliberate act to prevent third parties from
gaining access to your computer system
through the internet in a manner in which they
are legally entitled.
3. “Data Recreation Costs”
a. “Data recreation costs” means the costs of an
outside professional firm hired by you to
research, recreate and replace data that has
been lost or corrupted and for which there is
no electronic source available or where the
electronic source does not have the same or
similar functionality to the data that has been
lost or corrupted.
b. “Data recreation costs” also means your
actual “business income loss” and your
necessary and reasonable “extra expenses”
arising from the lack of the lost or corrupted
data during the time required to research,
recreate and replace such data.
c. “Data recreation costs” does not mean costs
to research, recreate or replace:
1) Software programs or operating systems
that are not commercially available; or
2) Data that is obsolete, unnecessary or
useless to you.
4. “Data Restoration Costs”
a. “Data restoration costs” means the costs of
an outside professional firm hired by you to
replace electronic data that has been lost or
corrupted. In order to be considered “data
restoration costs,” such replacement must be
from one or more electronic sources with the
same or similar functionality to the data that
has been lost or corrupted.
b. “Data restoration costs” does not mean costs
to research, restore or replace:
1) Software programs or operating systems
that are not commercially available; or
2) Data that is obsolete, unnecessary or
useless to you.
5. “Extra Expense” means the additional cost you
incur to operate your business during the “period
of restoration” over and above the cost that you
normally would have incurred to operate your
business during the same period had no
“computer attack” occurred.
6. “Network Security Liability Defense Costs”
a. “Network security liability defense costs”
means reasonable and necessary expenses
resulting solely from the investigation,
defense and appeal of any “network security
liability suit” against you. Such expenses may
be incurred by us. Such expenses may
include premiums for any appeal bond,
attachment bond or similar bond. However,
we have no obligation to apply for or furnish
such bond.
b. “Network security liability defense costs” does
not mean your salaries or your loss of
earnings.
7. “Network Security Liability Settlement Costs”
a. “Network security liability settlement costs”
means the following, when they arise from a
“network security liability suit”:
1) Damages, judgments or settlements; and
2) Defense costs added to that part of any
judgment paid by us, when such defense
costs are awarded by law or court order;
and
3) Pre-judgment interest on that part of any
judgment paid by us.
b. “Network security liability settlement costs”
does not mean:
1) Civil or criminal fines or penalties
imposed by law;
2) Punitive or exemplary damages;
3) The multiplied portion of multiplied
damages;
4) Taxes; or
5) Matters which may be deemed
uninsurable under the applicable law.
8. “Network Security Liability Suit”
a. “Network security liability suit” means a civil
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proceeding against you in which damages are
alleged. Such proceeding must be brought in
the United States of America, Puerto Rico or
Canada. Such proceeding must be based on
an allegation that a negligent security failure
or weakness with respect to a computer or
other electronic hardware that is owned or
leased by you and operated under your
control allowed one or more of the following
to happen:
1) The unintended propagation or
forwarding of malware, including viruses,
worms, Trojans, spyware and keyloggers.
Malware does not include shortcomings
or mistakes in legitimate electronic code.
2) The unintended abetting of a denial of
service attack against one or more other
systems.
b. If the 3rd Party Business Information line
under Network Security Liability Optional
Coverage on the SCHEDULE at the top of
this endorsement is marked as Included, then
“Network security liability suit” also means a
civil proceeding against you in which
damages are alleged which is brought in the
United States of America, Puerto Rico or
Canada and which is based on an allegation
that a negligent security failure or weakness
with respect to a computer or other electronic
hardware that is owned or leased by you and
operated under your control allowed the loss,
release or disclosure of business data that is
owned by or proprietary to a third party. This
does not include personally identifying
information or other information that is
sensitive or personal to individuals. If the 3rd
Party Business Information line under
Network Security Liability Optional Coverage
on the SCHEDULE at the top of this
endorsement is marked as Excluded or is
blank, then “Network security liability suit”
does not include such suits.
c. “Network security liability suit” includes the
following:
1) An arbitration or alternative dispute
resolution proceeding that you are
required to submit to or which we agree
you should submit to; or
2) A written demand for money, when such
demand could reasonably result in a civil
proceeding as described in this definition.
d. “Network security liability suit” does not mean
any demand or action alleging or arising from
property damage or bodily injury.
e. “Network security liability suit” does not mean
any demand or action brought by or on behalf
of someone who is:
1) Your director or officer;
2) Your owner or part-owner; or
3) A holder of your securities;
in their capacity as such, whether directly,
derivatively, or by class action.
9. “Period of Restoration” means the period of time
that begins at the time that the “computer attack”
is discovered by you and continues until the
earlier of:
a. The date that all data restoration, data
recreation and system restoration directly
related to the “computer attack” has been
completed; or
b. The date on which such data restoration, data
recreation and system restoration could have
been completed with the exercise of due
diligence and dispatch.
10. “System Restoration Costs”
a. “System restoration costs” means the costs of
an outside professional firm hired by you to
do any of the following in order to restore your
computer system to its pre- “computer attack”
level of functionality:
1) Replace or reinstall computer software
programs;
2) Remove any malicious code; and
3) Configure or correct the configuration of
your computer system.
b. “System restoration costs” does not mean:
1) Costs to increase the speed, capacity or
utility of your computer system;
2) Labor of your employees;
3) Any costs in excess of the actual cash
value of your computer system; or
4) Costs to repair or replace hardware.
All other provisions of this policy apply.
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POLICY NUMBER: 648833305 HM CW 50 01 17
THIS IS A CLAIMS-MADE AND REPORTED COVERAGE ENDORSEMENT. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISCELLANEOUS PROFESSIONAL
LIABILITY ENDORSEMENT
This endorsement applies to insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
BUSINESSOWNERS POLICY
SCHEDULE*
Item 1. Named Insured(s):
DIANE CLEARY
Item 2. Professional Services:
TAX PREPARERS (NOT ACCOUNTANTS) - OFFICE
Item 3. Miscellaneous Professional Liability
Limits of Liability (inclusive of “claim
expenses”):
Aggregate: $250,000
Item 4. Deductible: Each “wrongful act”: $1,000
Item 5. Effective Date: 11-07-2022
Expiration Date: 11-07-2023
Item 6. Retroactive Date: 06-22-2006
Item 7. Premium (applicable to this endorsement only):
$ 249.00
Item 8. Purchased Supplemental Extended
Reporting Period
Effective Time: 12:01 A.M. on
Extended Reported Period Additional Premium:
*Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Throughout this Coverage Endorsement (hereinafter referred to as “endorsement”), the words “you” and “your” refer to the “Named Insured(s)” shown in the Schedule above, and any other person(s) or organization(s) qualifying as a “named insured” under this endorsement. The words “we”, “us” and “our” refer to the Company providing this insurance.
The word “insured” means any person or organization qualifying as such under SECTION III. WHO IS AN INSURED.
Other words and phrases that appear in “quotations” have special meaning. Refer to SECTION VII. DEFINITIONS.
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The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this endorsement, unless specifically stated otherwise in an endorsement(s) attached hereto.
SECTION I. WHAT IS COVERED
A. Insuring Agreement
In consideration of the premium charged as
stated in Item 7. of the Schedule above, in reliance upon the statements in the application(s) attached hereto and made a part hereof, and
subject to the Limits of Liability set forth in Item
3. of the Schedule above and the terms and
conditions contained herein, we agree as follows:
We shall pay on your behalf those amounts, in
excess of the deductible, you are legally obligated to pay as “damages” resulting from a “claim” first made against you and reported to us during
the “MPL Coverage Period” or Extended Reporting Period (if applicable) for your “wrongful act” in rendering or failing to render “professional
services” for others for a fee, as shown in Item 2.
of the Schedule above, but only if such “wrongful
act” first occurs on or after the “retroactive date”
and prior to the end of the “MPL Coverage Period”.
B. Defense
1. We have the right and duty to defend a “suit”
brought against you alleging a “wrongful act”
even if the “suit” is groundless, false or
fraudulent. We have the right, with your written consent, which consent shall not be unreasonably withheld, to settle any “suit” if we believe that it is proper.
We have the right to investigate any “claim”
and, with your written consent, which consent shall not be unreasonably withheld, the right to settle any “claim” if we believe that it
is proper.
Your refusal to consent to a settlement may
impact our obligations under this endorsement as stated in SECTION IV. LIMITS OF LIABILITY, paragraph B.
2. “Claim expense(s)” are part of and subject to
our Limit of Liability set forth in Item 3. of the
Schedule above. Our duty to defend ends
after the applicable Limit of Liability set forth
in Item 3. of the Schedule above has been
exhausted by payment of “claim expenses”
or “damages”.
3. Subject to our consent, you may settle any
“claim” or “suit” to which this insurance applies and which are subject to one deductible, where the total incurred “loss” does not exceed the deductible.
4. We shall pay all reasonable costs we ask
the insured to incur while helping us investigate or defend a “claim” or “suit”. We will not pay more than $250 per day for earnings lost
by the insured because of time taken off
from work.
SECTION II. EXCLUSIONS–WHAT IS NOT COVERED
A. This insurance does not apply to:
1. Intentional, Criminal, Fraudulent or Malicious Acts Any liability arising out of a dishonest, fraudulent, criminal or malicious act, error or omission, or any intentional or knowing violation of the law, or gaining of any profit or advantage to which you are not legally entitled.
We will, however, defend “suits” alleging any
of the foregoing conduct until a judgment, final adjudication, adverse admission or finding of fact is made against you as to such conduct at which time you shall reimburse us
for “claim expenses”. We shall not cover any
“claim” if you plead nolo contendere or no
contest to a criminal proceeding against you
arising out of the same, or essentially the
same, material facts as such “claim”.
2. Pollution
Any liability arising out of the presence of or
the actual, alleged or threatened discharge,
dispersal, release or escape of “pollutants”, or
any direction or request to test for, monitor,
clean up, remove, contain, treat, detoxify or
neutralize “pollutants”, or in any way respond
to or assess the effects of “pollutants”.
3. Bodily Injury
Any liability arising out of “bodily injury”, provided, however, that this exclusion shall not apply if the Professional Services shown in
Item 2. of the Schedule above are any of the
following:
a. Barber
b. Beautician
c. Dog Groomer
d. Fitness Center/Health Club
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e. Kennel/Pet Instruction
f. Manicurist
g. Massage Therapist
h. Optician
i. Optometrist
j. Personal Trainer
k. Process Server
l. Safety Consultant
m. Veterinarian
4. Property Damage
Any liability arising out of “property damage”.
5. Securities Violations or Racketeering
Any liability arising out of:
a. Any purchase, sale, offer or solicitation
of an offer to purchase or sell securities;
b. Any violation of any securities law, including the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, or any regulation
promulgated under the foregoing statutes,
or any federal, state or local laws similar
to the foregoing statutes (including “Blue
Sky” laws), whether such law is statutory,
regulatory or common law; or
c. Any violation of the Organized Crime
Control Act of 1970 (commonly known as
Racketeer Influenced And Corrupt Organizations Act, or “RICO”), as amended, or any regulation promulgated thereunder or
any federal, state or local law similar to
the foregoing, whether such law is statutory, regulatory or common law.
6. Employee Benefit Plans
Any liability arising out of any breach of fiduciary duty, responsibility, or obligation in connection with any employee benefit or
pension plan, including violations of the responsibilities, obligations or duties imposed upon fiduciaries by the Employee Retirement
Income Security Act of 1974 (“ERISA”) as
amended, or similar statutory or common law
of the United States of America or any state
or jurisdiction therein.
7. Employment Related Practices
Any liability arising out of any employment
practices liability or any discrimination on
any basis, including, but not limited to: race,
creed, color, religion, ethnic background, national origin, age, handicap, disability, gender, sexual orientation or pregnancy.
8. Previously Reported Claims
Any liability arising out of the same “wrongful
act” or series of continuous, repeated or related “wrongful acts”, alleging the same or similar facts, alleged or contained in any
“claim” which has been reported, or any
“wrongful act” of which notice has been given, under any miscellaneous professional liability endorsement to a policy of which this endorsement to a policy was a renewal, replacement or succeeds in time.
9. Intellectual Property Rights
Any liability arising out of any misappropriation of trade secret or infringement of patent, copyright, trademark, trade dress or any
other intellectual property right.
10. False Advertising, Misrepresentation in
Advertising, Antitrust, Unfair Competition, and Restraint of Trade, and Unfair or Deceptive Business Practices
Any liability arising out of false advertising,
misrepresentation in advertising, antitrust,
unfair competition, restraint of trade, unfair
or deceptive business practices, including
but not limited to, violations of any local, state
or federal consumer protection laws.
11. Government Organizations
Any liability arising from “claim(s)” against
you brought by or on behalf of any federal,
state or local government agency or professional or trade licensing organizations; however, this exclusion shall not apply where the “claim” is alleging a “wrongful act” in your rendering “professional services” to such entity.
12. Contractual Liability
Any liability arising from liability you assume
under any contract or agreement, including
but not limited to, any contract price, cost
guarantee or cost estimate being exceeded;
however, this exclusion does not apply to liability you would have in the absence of such contract or agreement.
13. Cross Suits
Any liability arising from “claim(s)” against you
that are brought by or on behalf of:
a. Any insured except as described in SECTION III. WHO IS AN INSURED; b. Any business entity that is owned, managed or operated, directly or indirectly, in whole or in part, by you;
c. Any parent company, “subsidiary”, successor or assignee of yours, or anyone affiliated with you or such business entity
through common majority ownership or
control; or
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d. Any independent contractor supplying
material or services to you, but, as regards such independent contractor, only with respect to “claims” involving disputes over the ownership or exercise of rights in material or services supplied.
14. Prior Knowledge or Known Claims
Any liability arising out of any “wrongful act”
committed prior to the “first inception date” if,
as of the “first inception date”, you knew or
could have reasonably foreseen that such
“wrongful act” did or would result in a “claim”
against you.
15. Prior or Pending Litigation
Any liability arising from “claim(s)” first made
against you prior to, or pending as of, the “first
inception date”, or relating to the essential
facts, circumstances or situation underlying
such “claim”.
16. Fee Disputes
Any liability arising out of disputes involving:
a. Your fees or charges, including overcharges, or cost over-runs; b. Collecting your fees from third parties;
c. The return of fees or other
compensation paid to you; or
d. Your cost of correcting or re-performing
or completing any “professional
services”.
17. Known Wrongful Acts
Any liability arising out of any “wrongful act”
committed with the knowledge that it was a
“wrongful act”.
18. Over Redemption
Any liability arising out of “over-redemption”
of coupons, awards, or prizes from
advertisements, promotions, games,
sweepstakes, contests, and games of
chance.
19. Prior Acts
Any liability arising out of any “wrongful act”
which occurred prior to the “retroactive date”.
20. Failure to Maintain Insurance
Any liability arising out of your advising,
requiring, obtaining or failing to advise,
require or obtain any bond, suretyship or
other form of insurance.
21. Investment Advice
Any liability arising out of or resulting, directly
or indirectly, from:
a. The exercise of any authority or discretionary control by an insured with respect to any client’s funds or accounts;
b. An insured providing investment advice,
or selecting an investment manager, investment advisory or custodial firm; c. An insured advising as to, warranting,
promising or guaranteeing a future value
of any investment or property, or any
rate of return or interest;
d. Any failure of any investment to perform
as expected or desired; or
e. Any actual or alleged commingling, misappropriation or improper use of funds or monies.
22. Privacy
Any liability alleging, arising out of, based
upon, or in connection with any alleged or
actual violation of any person or entity’s
privacy rights.
23. Professional Services
Any liability arising out of the rendering of or
failure to render any of the following
“professional services”:
a. Actuarial services, or actuarial assumption;
b. Architectural or engineering services;
provided, however, that this
exclusion shall not apply to
Landscape Architects;
c. Healthcare or medical services; provided, however, that this exclusion shall not apply to Opticians, Optometrists, and
Veterinarians for those services routinely
provided by Opticians, Optometrists, and
Veterinarians;
d. Pharmacy services;
e. Law enforcement services;
f. Property developer;
g. Builder or construction manager; or
h. Insurance agent or broker services.
24. Your Product
Any liability arising out of any actual or alleged damages, loss, cost or expense arising out of or in any way related to any actual, alleged or threatened security breach of, or
unauthorized access to or unauthorized use
of:
a. Your product;
b. Any property containing or incorporating
your product;
c. Any property on which your service is or
was performed; or
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d. Any information and network technology
product
by any person or organization, including any
insured.
B. The following exclusions are applied solely
based on the Description of Professional Services as shown in Item 2. of the Schedule above.
This insurance does not apply to:
1. If you are a Notary
Any liability arising out of or resulting, directly
or indirectly, from any insured notarizing,
certifying or acknowledging any signature
not signed before such insured at the time of
such notarization, certification or acknowledgment.
2. If you are a Credit Bureau
Any liability arising out of, based upon or in
connection with the performance of prescreening services for credit grantors as described in the Code of Federal Regulations, 16 CFR Section 600-5.
3. If you are a Collection Agent
a. Any liability arising out of or in connection with any debt owned by or purchased by you; b. Any liability arising out of or in connection with any collection agency services performed by you without a bond or license when you knew or could have reasonably foreseen that such alleged
collection agency services without a
bond or license was contrary to the applicable federal, state or local law, regulation or statute; c. Any liability arising out of any obligation
pursuant to any unemployment compensation, unemployment insurance, worker’s compensation, disability benefits, retirement benefits, social security benefits or similar laws;
d. Any liability arising out of the actual or alleged collection of fees or other remuneration owed to you by a client or customer; e. Any liability alleging, arising out of,
based upon or in connection with:
(1) Your insolvency or financial impairment; or
(2) Any action, ruling or intervention of
any federal, state or local governmental agency or office arising out of an actual or alleged insolvency or
financial impairment of you;
f. Any liability alleging, arising out of,
based upon or in connection with:
(1) Any title or property search;
(2) Any repossession by you or on your
behalf. This exclusion shall not apply, however, to execution through judicial means or by a judicial officer; or
(3) Any levy, judicial sale or purchase of
real property for a profit;
g. Any liability alleging, arising out of,
based upon or in connection with:
(1) Any local, state or federal penal
statute or ordinance;
(2) Any state or federal administrative
action seeking endorsement of any
regulation, statute or law;
(3) Any order or ruling of any court or
administrative or regulatory agency
including, but not limited to consent
orders, stays or discharges in bankruptcy, judgment and injunctions; or (4) Any federal or state law or regulation
governing the extension of credit or
lending activities; provided, however,
this exclusion shall not apply to civil
liability from any actual or alleged
collection;
h. Any liability alleging, arising out of,
based upon or in connection with:
(1) Any access to or use of any data or
computer systems for purposes other than permissible purposes stated in Section 604(a) of the Fair Credit
Reporting Act; or
(2) Any unauthorized access or tampering by a non-insured, at the time of the unauthorized access or tampering, with any data or computer systems used by you or for your benefit; or
i. Any liability arising out of or in connection
with the performance of or failure to perform services as an attorney or accountant.
4. If you are a Claim Adjuster
Any liability arising out of any intentional or
reckless breach of claim authority or claim
handling procedures by any claims adjuster.
5. If you are a Real Estate Agent or Broker
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a. Any liability arising out of or connected
with the formulation, promotion, syndication, offer, sale or management of any limited partnership, general partnership,
real estate investment trust or other security, including any interest therein; b. Any liability alleging, arising out of,
based upon, attributable to or in connection with any insured notarizing, certifying or acknowledging any signature not signed before such insured at the time
of such notarization, certification or acknowledgment; or c. Any liability arising out of or connected
with any transaction in which you or any
affiliate of yours has a direct or indirect
beneficial ownership interest as a buyer,
owner or seller of real property; provided, however, this exclusion does not apply to real property to which you have ployee thereof is an insured, but only with respect to their duties as such and only with respect to “wrongful acts” otherwise covered under the insurance provided by this endorsement.
E. Subsidiary
If you are a “subsidiary” of the “named insured”,
you are an insured, but only with respect to your
duties as such and only with respect to “wrongful
acts” committed while you were a “subsidiary”
and otherwise covered by this endorsement.
F. Contractual Parties
If the “named insured” is required by contract to
add you as an insured under the insurance provided by this endorsement, you are an insured, but only for “wrongful acts” of the “named insured”.
SECTION IV. LIMITS OF LIABILITY (including
“claim expenses”)
taken legal title solely for immediate resale and have entered into a written contract to sell not later than ninety (90) days after taking legal title.
SECTION III. WHO IS AN INSURED
A. Individual
If you are shown in Item 1. of the Schedule
above as an individual, you and your spouse or
“Domestic Partner” are insureds, only for the
conduct of a business of which you are the sole
owner.
B. Partnership or Joint Venture
If you are shown in Item 1. of the Schedule
above as a partnership or joint venture, you are
an insured. Any past or present general or
managing partners, principals, or employees
thereof and their spouses are insureds, but only
with respect to their duties as such and only with
respect to “wrongful acts” otherwise covered under the insurance provided by this endorsement.
C. Limited Liability Company
If you are shown in Item 1. of the Schedule
above as a limited liability company, you are an
insured. Any past or present managing member,
principal, or employee thereof is an insured, but
only with respect to their duties as such and only
with respect to “wrongful acts” otherwise covered
under the insurance provided by this endorsement.
D. Corporation
If you are shown in Item 1. of the Schedule
above as a corporation, you are an insured. Any
past or present officer, director, trustee, or emThe following Limits of Liability apply:
A. The Limits of Liability set forth in Item 3. of the
Schedule above are the most we shall pay for
“loss” regardless of the number of persons or
entities covered by this endorsement or claimants or “claims” brought. Our total liability for all “loss” arising from all “claims” made against you
and reported to us during the “MPL Coverage Period” or any applicable Extended Reporting Period shall not exceed the Limit of Liability set forth in
Item 3. of the Schedule above. The aggregate
Limit of Liability for any Extended Reporting Period shall be part of and not in addition to the aggregate Limit of Liability set forth in Item 3. of the Schedule above for the “MPL Coverage Period”.
B. Our duty to defend ends if you refuse to consent
to a settlement that we recommend and that is
acceptable to the claimant. You must then defend the “claim” at your own expense. As a consequence of your refusal, our liability shall not exceed the amount for which the “claim” could
have been settled if such recommendation was
consented to, plus “claim expenses” incurred by
us and “claim expenses” incurred by you with our
consent, prior to the date of such refusal. This
clause shall not apply to any settlement where
the total incurred for “damages” and “claim
expenses” does not exceed the deductible.
C. Two or more policies may be issued by us to
you. These policies may provide coverage for:
1. “Claims” arising from the same “wrongful
act” or series of continuous, repeated, or related “wrongful acts”; or Insured Full Copy
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2. “Claims” for which persons or organizations
covered in those policies are jointly and severally liable.
In any such case, we shall not be liable under
this endorsement for an amount greater than the
proportion of the “loss” to which this endorsement’s applicable Limit of Liability bears to the total applicable limit of liability under all such policies.
In addition, the total amount payable under all
such policies combined shall not be greater than
the highest applicable limit of liability among all
such policies.
SECTION V. DEDUCTIBLE
You shall be responsible for the deductible amount
set forth in Item 4. of the Schedule above. The deductible applies to each “wrongful act”, and you may not insure against it. All “claims” arising from a
“wrongful act” or series of continuous, repeated, or
related “wrongful acts” shall be subject to one deductible. Expenses we incur in investigating, defending and settling “claims” and “suits” are included in the deductible. In our sole discretion, we may pay all
or part of the deductible to settle a “claim”, in which case you agree to repay us promptly after we notify
you of the settlement.
SECTION VI. CONDITIONS
A. What You Must Do in the Event of a Claim
Before coverage will apply under this endorsement, you must notify us in writing of any “claim” against you as soon as practicable but in all
events not later than:
1. The end of the “MPL Coverage Period” or
Extended Reporting Period (if applicable); or
2. Within thirty (30) days after the end of the
“MPL Coverage Period”, as long as such
“claim” was first made against you within the
final thirty (30) days of the “MPL Coverage
Period” and reported to us no later than thirty
(30) days after the date such “claim” was
first made against you.
You must also immediately record the specifics
of the “claim” and the date you received it and
send copies of all demands, suit papers, or other
legal documents you receive, as soon as possible to us.
B. Your Assistance and Cooperation
1. You agree to cooperate with and help us:
a. In making settlements, subject to subparagraph c. herein; b. In enforcing any legal rights you or we
may have against anyone who may be
liable to you;
c. By attending depositions, hearings and
trials; and
d. By securing and giving evidence, and
obtaining the attendance of witnesses.
2. You shall take such actions which, in your
judgment, are deemed necessary and practicable to prevent or limit “loss” arising from your “wrongful acts”.
3. You shall not admit any liability, assume any
financial obligation or pay out any money
without our prior written consent. If you do, it
shall be at your own expense. In addition,
you shall not take any action, or fail to take
any required action, without our written consent, which prejudices our rights under this endorsement.
C. Where Coverage Applies
This endorsement applies to “wrongful acts”
committed anywhere in the world, provided that
any “claim” must be brought against you in the
United States of America, its territories and possessions or Canada.
D. Special Rights and Duties of Named Insured
You agree that when there is more than one
person or organization covered under this endorsement, the first “named insured” shall act on behalf of all of you as to:
1. Acceptance of any changes to this endorsement; and
2. Acceptance or refusal of any applicable Extended Reporting Period.
E. Extended Reporting Periods
1. You shall have the right to the Extended
Reporting Periods described below in the
event that:
a. You or we shall cancel the coverage
provided under this endorsement; or
b. You or we shall refuse to renew the coverage provided under this endorsement.
2. If an event as specified in Paragraph 1. of
this Clause E. has occurred, you shall have
the right to the following:
a. An Automatic Extended Reporting Period of sixty (60) days after the effective date of cancellation or nonrenewal at no
additional premium in which to give us
written notice of “claims” first made
against the insureds during said Automatic Extended Reporting Period for any Insured Full Copy
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HM CW 50 01 17 Page 8 of 11
“wrongful act” occurring prior to the end
of the “MPL Coverage Period” and which
is otherwise covered by this endorsement.
The Automatic Extended Reporting Period shall not apply to “claims” that are covered under any subsequent insurance you purchase or which is purchased for your benefit, or that would be covered by such subsequent insurance
but for:
(1) The exhaustion of the amount of insurance applicable to such “claims”; or
(2) any applicable deductible.
The aggregate Limit of Liability for the
Automatic Extended Reporting Period
shall be part of, and not in addition to,
the aggregate Limit of Liability as stated
in Item 3. of the Schedule above.
b. Upon payment of an additional premium
of up to 100% of the full annual premium, a Supplemental Extended Reporting Period of up to one (1) year immediately
following the effective date of cancellation or nonrenewal in which to give us written notice of “claims” first made
against you during said Supplemental
Extended Reporting Period for any
“wrongful act” occurring prior to the end
of the “MPL Coverage Period” and which
is otherwise covered by this endorsement.
As used herein, “full annual premium”
means the premium level as stated in
Item 7. of the Schedule above and in effect immediately prior to the end of the “MPL Coverage Period”.
To obtain the Supplemental Extended
Reporting Period, you must request it in
writing and pay the additional premium
due within thirty (30) days of the effective date of cancellation or non-renewal.
The additional premium for the Supplemental Extended Reporting Period shall be fully earned at the inception of the
Supplemental Extended Reporting Period. If we do not receive the written request as required, you may not exercise this right at a later date.
The Supplemental Extended Reporting
Period is not cancelable.
This clause and the rights contained
herein shall not apply to any cancellation
resulting from non-payment of premium.
Our offer of renewal terms, conditions,
limits of liability and/or premiums different from those of the expiring miscellaneous professional liability endorsement shall not constitute a refusal to renew.
The aggregate Limit of Liability for the
Supplemental Extended Reporting Period shall be part of and not in addition to the aggregate Limit of Liability as stated
in Item 3. of the Schedule above.
If the “named insured” exercises the
right to purchase a Supplemental Extended Reporting Period, the Automatic Extended Reporting Period shall be
deemed void ab initio.
3. Purchased Supplemental Extended Reporting Period
Pursuant to your rights set forth in Paragraph E.2.b. above, the following provision applies only if Item 8. of the Schedule above
is completed:
a. Solely with respect to the professional liability coverage provided by this endorsement, within the one (1) year period following the Effective Time (hereinafter referred to as the “Supplemental Extended Reporting Period”), you may report to us by written notice any
“claim” first made against you during the
Supplemental Extended Reporting Period for any “wrongful act(s)” occurring prior to the Effective Time and otherwise
covered by this endorsement.
b. The entire premium charged for the
Supplemental Extended Reporting Period under this paragraph E.3. shall be fully earned as of the Effective Time. c. The aggregate Limit of Liability for the
Supplemental Extended Reporting Period under this paragraph E.3. shall be part of, and not in addition to, the aggregate Limit of Liability for the “MPL Coverage Period” stated in Item 3. of the Schedule above.
d. Notwithstanding any other provision of
the policy or this endorsement, the Supplemental Extended Reporting Period coverage under this paragraph E.3. shall
not provide coverage for any “wrongful
act(s)” occurring after the Effective
Time.
F. Notice of Circumstance
If during the “MPL Coverage Period” or Extended Reporting Period, if applicable, you become Insured Full Copy
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HM CW 50 01 17 Page 9 of 11
aware of any facts or circumstances that may
reasonably be expected to give rise to a “claim”
against you for a “wrongful act” that occurs on or
after the “retroactive date” and prior to the end of
the “MPL Coverage Period”, and provided you
give written notice to us during the “MPL Coverage Period” or Extended Reporting Period, if applicable, of the circumstances and the reasons for anticipating such a “claim”, with full facts as
to the “wrongful act(s)”, dates, persons and entities involved, then any “claim” that is subsequently made against you arising out of such “wrongful act” or the same “wrongful act” or series of continuous, repeated or related “wrongful acts”, shall, for the purposes of this endorsement, be treated as a “claim” made against you and reported to us during the “MPL Coverage
Period”.
G. Change in Control of “Named Insured”
In the event of a “transaction”, then coverage
under this endorsement shall continue until the
later of the termination of the “MPL Coverage
Period” or such other date upon which we may
agree, but only with respect to “wrongful acts”
which occurred prior to the “transaction” and are
otherwise covered by this endorsement. No
coverage shall be provided after the “transaction” unless the “named insured” notifies us of the “transaction” in writing within thirty (30) days
of such ”transaction”.
H. Headings
The descriptions in the headings of this endorsement are solely for convenience and form no part of the terms and conditions of coverage.
I. Declarations and Schedule
By accepting this endorsement, you agree that
the statements in the application, Declarations
and Schedule above are true, and they are your
agreements and representations. This endorsement is issued in reliance upon the truth of those representations.
J. Assignment
The interest of any insured is not assignable.
You cannot assign or transfer your interest in this
professional liability coverage provided by this
endorsement without our written consent.
K. Other Insurance
Such professional liability insurance as is provided by this endorsement shall be excess of any other valid and collectible insurance available to
you.
L. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured’s estate will not relieve us of our obligations under this endorsement.
M. Legal Action Against Us
No person or organization has a right under this
endorsement:
1. To join us as a party or otherwise bring us
into a “suit” asking for damages from an insured; or
2. To bring legal action against us under this
coverage unless there has been full compliance with all terms of this coverage.
A person or organization may sue us to recover
an agreed settlement or a final judgment against
an insured, but we will not be liable for damages
that are not payable under the terms of this policy or that are in excess of the applicable Limit of Liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative.
N. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual “named insured”.
If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal
representative. Until your legal representative is
appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.
O. Representations
Any and all relevant provisions of this coverage
endorsement may be voidable by us in any case
of fraud, intentional concealment, or misrepresentation of material fact by any insured.
SECTION VII. DEFINITIONS
A. “Bodily injury” means physical injury, sickness or
disease, and, if arising out of the foregoing, mental anguish, mental injury, shock, humiliation or death at any time.
B. “Claim” means a demand for money or services,
including a “suit”, arising from your “wrongful
act”.
C. “Claim expenses” mean all reasonable and necessary fees charged by an attorney with our consent and incurred in connection with any
Insured Full Copy
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Allstate Insurance Company
HM CW 50 01 17 Page 10 of 11
“suit” brought against you alleging a “wrongful
act”, as well as all other reasonable and necessary fees, costs and expenses incurred in the defense or investigation of a “claim” by us or by
you with our written consent. “Claim expenses”
shall also include premiums for appeal bonds, or
bonds to release property used to secure a legal
obligation, if required in a “claim”; however, we
shall have no obligation to appeal or to obtain
these bonds. “Claim expenses” do not include
salary charges or expenses of you or your employees.
D. “Damages” mean any amount that you shall be
legally required to pay because of judgments or
arbitration awards rendered against you, or for
settlements negotiated by us with your written
consent; provided that “damages” shall not include:
1. Any amounts for which you are not financially liable or for which there is no legal recourse against you;
2. The costs and expenses of complying with
any injunctive or other form of equitable relief;
3. Punitive or exemplary damages;
4. The multiplied portion of multiplied damages;
or
5. Matters that may be deemed uninsurable
under the law.
“Damages” shall include:
1. Pre-judgment interest; and
2. Post-judgment interest that accrues after entry of judgment and before we have paid, offered to pay or deposited in court that part of the judgment within the applicable Limit of
Liability.
E. “Domestic partner” means any natural person
legally recognized as a domestic or civil union
partner under:
1. The provisions of any applicable federal,
state or local law; or
2. The provisions of any formal program established by you.
F. “First Inception Date” means the inception date
of the first Miscellaneous Professional Liability
endorsement issued by us to the “named insured” and continually renewed by us until the inception date of this current endorsement.
G. “Loss” means the total sum of “damages” and
“claim expenses”. “Loss” shall not mean, and
this endorsement shall not cover:
1. Fines, penalties, or taxes;
2. Non-pecuniary relief; or
3. Matters which may be deemed uninsurable
under the law pursuant to which this endorsement shall be construed.
H. “MPL Coverage Period” means the period commencing on the effective date shown in Item 5. of the Schedule above. This period ends on the
earlier of the expiration date shown thereon or
the effective date of cancellation of this coverage
endorsement. If you become an insured under
this coverage endorsement after the effective
date thereof, the “MPL Coverage Period” begins
on the date you became an insured.
I. “Named insured” means the individual, entity,
partnership, or corporation designated as such in
the Schedule above.
J. “Over-redemption” means price discounts, prizes, awards or other valuable consideration given in excess of the total contracted or expected
amount.
K. “Personal Injury Peril” means:
1. False arrest, detention or imprisonment;
2. Malicious prosecution;
3. The wrongful eviction from, wrongful entry
into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf
of its owner, landlord or lessor; or
4. Oral or written publication, in any manner, of
material that slanders or libels a person or
organization or disparages a person’s or organization’s goods, products or services.
L. “Pollutants” include, but are not limited to, any
solid, liquid, gaseous, biological, radiological or
thermal irritant or contaminant, including smoke,
vapor, dust, fibers, mold, spores, fungi, germs,
soot, fumes, asbestos, acids, alkalis, chemicals,
and waste. Waste includes, but is not limited to,
materials to be recycled, reconditioned or reclaimed and nuclear materials.
M. “Professional services” mean those services as
described and set forth in Item 2. of the Schedule above.
N. “Property damage” means physical injury to, or
loss or destruction of, tangible property including
the loss of use thereof; or loss of use of tangible
property which has not been physically injured or
destroyed.
Insured Full Copy
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HM CW 50 01 17 Page 11 of 11
O. “Retroactive date” means the date set forth in
Item 6. of the Schedule above.
P. “Subsidiary” shall mean any corporation of which
the “named insured” owns on the inception date
of the “MPL Coverage Period” more than fifty
percent (50%) of the issued and outstanding voting stock either directly or indirectly through a “subsidiary”.
“Subsidiary” shall also mean any corporation
which becomes a “subsidiary” during the “MPL
Coverage Period” provided that such corporation
does not represent more than a ten percent
(10%) increase in the total assets and/or gross
revenue of the “named insured” as of the date of
the acquisition. Where such corporation represents an increase in the total assets and/or gross revenue of the “named insured” of more
than ten percent (10%), such corporation shall
be deemed a “subsidiary” under the policy, but
only upon the condition that within ninety (90)
days of its becoming a “subsidiary”, you shall
have provided us with full particulars of the new
“subsidiary” and have agreed to any additional
premium and/or amendment of the provisions of
this endorsement required by us relating to such
new “subsidiary”, subject to the review and acceptance by us of full and complete underwriting information. Further, coverage as shall be afforded to the new “subsidiary” is conditioned upon the “named insured” paying when due any additional premium required by us relating to
such new “subsidiary”. A corporation becomes a
“subsidiary” when the “named insured” owns
more than fifty percent (50%) of the issued and
outstanding voting stock either directly or indirectly through one or more of its “subsidiaries”, and ceases to be a “subsidiary” at such time
when the “named insured” ceases to own more
than fifty percent (50%) of the issued and outstanding voting stock.
This endorsement does not provide coverage for
any “claim” against a “subsidiary” or any partner,
director, officer or employee thereof for any
“wrongful act” that occurred when the “named insured” did not own more than fifty percent (50%) of the issued and outstanding voting stock of such
“subsidiary”, either directly or indirectly through
one or more of its “subsidiaries”.
Q. “Suit” means a civil proceeding for monetary, nonmonetary or injunctive relief, which is commenced by service of a complaint or similar pleading. “Suit” includes a binding arbitration
proceeding in which “damages” are alleged and to
which you must submit or do submit with our consent.
R. ”Transaction” means any of the following that
occur during the “MPL Coverage Period”:
1. The “named insured” merges into or consolidates with another entity such that the “named insured” is not the surviving entity;
or
2. Another entity, person, or group of entities
and/or persons acting in concert acquires
securities or voting rights which result in
ownership or voting control by other entity(ies) or person(s) of more than fifty percent (50%) of the outstanding securities representing the rights to vote for the election of the “named insured’s” directors.
S. “Wrongful act” means any actual or alleged
negligent act, error or omission, misstatement or
misleading statement, including any of the foregoing that results in a “personal injury peril,” but only to the extent committed by your performance of “professional services”.
Solely if you are a Collection Agent, as defined
by Item 2. of the Schedule above, “wrongful act”
also means any actual or alleged violation of the
federal Fair Debt Collections Practices Act
(FDCPA) or any similar statutory or common law
of the United States of America or any state or
jurisdiction therein.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS SHALL REMAIN UNCHANGED.
Insured Full Copy
Insured Full Copy
California
California
California
California
California
California
California
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AB CW 02 11 09 Allstate Insurance Company
AB CW 02 11 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM ---- BP 00 03
The following changes apply to:
SECTION III ---- COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I -- PROPERTY AND SECTION
II ---- LIABILITY)
The following provisions have been added:
What Law Will Apply
This policy is issued in accordance with the laws of the State of and covers property or risks principally located in the State of . Subject to the following paragraph, the laws of the State of shall govern any and all claims or disputes in any way related to this policy.
If a covered loss to property, or any other accidental event for which coverage applies under this policy happens outside the State of , claims or disputes regarding that covered loss to property, or any other covered accidental event may be governed by the laws of the jurisdiction in which that covered loss to property, or other covered accidental event happened, only if the laws of that jurisdiction would apply in the absence of a contractual choice of law provision such as this.
Where Lawsuits May Be Brought
Subject to the following two paragraphs, any and all lawsuits in any way related to this policy, shall be brought, heard and decided only in a state or federal court located in the State of .
Any and all lawsuits against persons not parties to this policy but involved in the sale, administration, performance, or alleged breach of this policy, or otherwise related to this policy, shall be brought, heard and decided only in a state or federal court located in the State of , provided that such persons are subject to or consent to suit in the courts specified in this paragraph.
If a covered loss to property, or any other accidental event for which coverage applies under this policy happens outside the State of , lawsuits regarding that covered loss to property, or any other covered accidental event may also be brought in the judicial district where that covered loss to property, or any other covered accidental event happened.
Nothing in this provision, Where Lawsuits May Be Brought, shall impair any party’s right to remove a state court lawsuit to a federal court.
All other policy terms, conditions, and exclusions apply.
BUSINESSOWNERS
BP 05 24 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 05 24 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2
EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
The Exception Covering Certain Fire Losses (Paragraph B.2.) applies to property located in the following state(s):
CA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. The following provisions are added to the
Businessowners Policy and apply to Property and
Liability Coverages:
1. The following definition is added with respect to
the provisions of this endorsement:
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a "certified act of terrorism" include the
following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the
Terrorism Risk Insurance Act; and
b. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an
individual or individuals as part of an effort
to coerce the civilian population of the
United States or to influence the policy or
affect the conduct of the United States
Government by coercion.
2. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for loss or injury or damage that is
otherwise excluded under this Policy.
B. The following provisions are added to
Businessowners Standard Property Coverage
Form BP 00 01, Businessowners Special Property
Coverage Form BP 00 02 or Section I – Property
of Businessowners Coverage Form BP 00 03:
1. The following exclusion is added:
CERTIFIED ACT OF TERRORISM
EXCLUSION
We will not pay for loss or damage caused
directly or indirectly by a "certified act of
terrorism". Such loss or damage is excluded
regardless of any other cause or event that
contributes concurrently or in any sequence to
the loss.
Insured Full Copy
2. Exception Covering Certain Fire Losses
The following exception to the exclusion in
Paragraph B.1. applies only if indicated and as
indicated in the Schedule of this endorsement.
If a "certified act of terrorism" results in fire, we
will pay for the loss or damage caused by that
fire. Such coverage for fire applies only to
direct loss or damage by fire to Covered
Property. Therefore, for example, the coverage
does not apply to insurance provided under
Business Income and/or Extra Expense
Additional Coverages.
If aggregate insured losses attributable to
terrorist acts certified under the Terrorism Risk
Insurance Act exceed $100 billion in a calendar
year and we have met our insurer deductible
under the Terrorism Risk Insurance Act, we
shall not be liable for the payment of any
portion of the amount of such losses that
exceeds $100 billion, and in such case insured
losses up to that amount are subject to pro rata
allocation in accordance with procedures
established by the Secretary of the Treasury.
C. The following provision is added to the
Businessowners Liability Coverage Form
BP 00 06 or Section II – Liability of the
Businessowners Coverage Form BP 00 03:
1. The following exclusion is added:
This insurance does not apply to:
TERRORISM
"Any injury or damage" arising, directly or
indirectly, out of a "certified act of terrorism".
2. The following definition is added:
For the purposes of this endorsement, "any
injury or damage" means any injury or damage
covered under any Coverage Form to which
this endorsement is applicable, and includes
but is not limited to "bodily injury", "property
damage" or "personal and advertising injury"
as may be defined in any applicable Coverage
Form.
Insured Full Copy
POLICY NUMBER: 648833305 BUSINESSOWNERS
BP 05 47 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 05 47 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
COMPUTER FRAUD AND FUNDS TRANSFER FRAUD
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Coverage Limit Of Insurance
Computer Fraud And Funds Transfer Fraud Coverage $10,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section I – Property is amended as follows:
A. With respect to the coverage provided by this
endorsement, Paragraph A.4. Limitations is
amended as follows:
Subparagraph a.(4) does not apply.
B. The following is added to Paragraph A.5.
Additional Coverages:
Computer Fraud And Funds Transfer Fraud
(1) The Computer Fraud And Funds
Transfer Fraud Coverage limit shown in
the Schedule of this endorsement is the
most we will pay for loss of and damage
to "money", "securities" and "other
property" following and directly related to
the use of any computer to fraudulently
cause a transfer of that property from
inside the described premises, bank or
savings institution:
(a) To a person (other than a messenger)
outside those premises; or
(b) To a place outside those premises.
(2) The Computer Fraud And Funds
Transfer Fraud Coverage limit shown in
the Schedule of this endorsement is the
most we will pay for loss of "money" and
"securities" resulting directly from a
"fraudulent instruction" directing a
financial institution to transfer, pay or
deliver "money" and "securities" from
your "transfer account".
C. With respect to the coverage provided by this
endorsement, Paragraph B. Exclusions is
amended as follows:
1. Paragraph 2.g. False Pretense does not apply.
2. The following exclusion is added:
We will not pay for loss or damages caused by
or resulting from the use or purported use of
credit, debit, charge, access, convenience,
identification, stored-value or other cards or the
information contained on such cards.
D. The following exclusion is added to Paragraph b.
under G.2. Money And Securities Optional
Coverages:
(4) Or damage to "money" and "securities"
following and directly related to the use of
any computer to fraudulently cause a
transfer of that property from inside the
described premises, bank or savings
institution:
(a) To a person (other than a messenger)
outside those premises; or
(b) To a place outside those premises.
E. The following are added to Paragraph H. Property
Definitions:
15. "Employee"
a. "Employee" means:
(1) Any natural person:
(a) While in your service or for 30 days
after termination of service;
Insured Full Copy
(b) Who you compensate directly by
salary, wages or commissions; and
(c) Who you have the right to direct and
control while performing services for
you;
(2) Any natural person who is furnished
temporarily to you:
(a) To substitute for a permanent
"employee", as defined in Paragraph
(1), who is on leave; or
(b) To meet seasonal or short-term work
load conditions;
while that person is subject to your
direction and control and performing
services for you, excluding, however, any
such person while having care and
custody of property outside the premises;
(3) Any natural person who is leased to you
under a written agreement between you
and a labor leasing firm, to perform duties
related to the conduct of your business,
but does not mean a temporary
employee as defined in Paragraph (2)
above;
(4) Any natural person who is:
(a) A trustee, officer, employee,
administrator or manager, except an
administrator or manager who is an
independent contractor, of any
"employee benefit plan(s)" insured
under this policy; and
(b) Your director or trustee while that
person is handling "funds" or "other
property" of any "employee benefit
plan(s)" insured under this policy;
(5) Any natural person who is a former
"employee", director, partner, "member",
"manager", representative or trustee
retained as a consultant while performing
services for you; or
(6) Any natural person who is a guest
student or intern pursuing studies or
duties, excluding, however, any such
person while having care and custody of
property outside the premises.
b. "Employee" does not mean:
(1) Any agent, broker, factor, commission
merchant, consignee, independent
contractor or representative of the same
general character; or
(2) Any "manager", director or trustee except
while performing acts coming within the
scope of the usual duties of an
"employee".
16. "Fraudulent instruction" means:
a. An electronic, telegraphic, cable, teletype,
telefacsimile or telephone instruction which
purports to have been transmitted by you,
but which was in fact fraudulently transmitted
by someone else without your knowledge or
consent;
b. A written instruction (other than those
described in Paragraph A.5.k.) issued by
you, which was forged or altered by
someone other than you without your
knowledge or consent or which purports to
have been issued by you, but was in fact
fraudulently issued without your knowledge
or consent; or
c. An electronic, telegraphic, cable, teletype,
telefacsimile, telephone or written instruction
initially received by you which purports to
have been transmitted by an "employee" but
which was in fact fraudulently transmitted by
someone else without your or the
"employee's" knowledge or consent.
17. "Other property" means any tangible property
other than "money" and "securities" that has
intrinsic value but does not include any property
excluded under this policy.
18. "Transfer account" means an account
maintained by you at a financial institution from
which you can initiate the transfer, payment or
delivery of "money" and "securities":
a. By means of electronic, telegraphic, cable,
teletype, telefacsimile or telephone
instructions communicated directly through
an electronic funds transfer system; or
b. By means of written instructions (other than
those described in Paragraph A.5.k.)
establishing the conditions under which such
transfers are to be initiated by such financial
institution through an electronic funds
transfer system.
Insured Full Copy
POLICY NUMBER: 648833305 BUSINESSOWNERS
BP 15 11 12 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 15 11 12 16 © Insurance Services Office, Inc., 2016 Page 1 of 2 EXCLUSION – UNMANNED AIRCRAFT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Bodily Injury And Property Damage:
Paragraph A. in this endorsement does not apply if an "X" is shown in the box.
Personal And Advertising Injury:
Paragraph B. in this endorsement does not apply if an "X" is shown in the box.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Liability is amended as follows:
A. Exclusion B.1.g. is replaced by the following:
This insurance does not apply to:
g. Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".
This Paragraph g.(1) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned
Aircraft), Auto Or Watercraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft (other than
"unmanned aircraft"), "auto" or watercraft
owned or operated by or rented or loaned
to any insured. Use includes operation
and "loading or unloading".
This Paragraph g.(2) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft (other than "unmanned aircraft"),
"auto" or watercraft that is owned or
operated by or rented or loaned to any
insured.
Insured Full Copy
This Paragraph g.(2) does not apply to:
(a) A watercraft while ashore on
premises you own or rent;
(b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons or
property for a charge;
(c) 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;
(d) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft; or
(e) "Bodily injury" or "property damage"
arising out of:
(i) The operation of machinery or
equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if it were not
subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law
where it is licensed or principally
garaged; or
(ii) The operation of any of the
following machinery or equipment:
i. Cherry pickers and similar
devices mounted on
automobile or truck chassis
and used to raise or lower
workers; and
ii. Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration,
lighting and well servicing
equipment.
B. The following is added to Exclusion B.1.p.
Personal And Advertising Injury:
This insurance does not apply to:
p. Personal And Advertising Injury
"Personal and advertising injury":
Arising out of the ownership, maintenance,
use or entrustment to others of any aircraft
that is an "unmanned aircraft". Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the offense which caused
the "personal and advertising injury"
involved the ownership, maintenance, use or
entrustment to others of any aircraft that is
an "unmanned aircraft".
This exclusion does not apply to:
(1) The use of another's advertising idea in
your "advertisement"; or
(2) Infringing upon another's copyright, trade
dress or slogan in your "advertisement".
C. The following definition is added to Paragraph F.
Liability And Medical Expenses Definitions:
"Unmanned aircraft" means an aircraft that is not:
1. Designed;
2. Manufactured; or
3. Modified after manufacture;
to be controlled directly by a person from within or
on the aircraft.
Insured Full Copy