Policy Holder Notice - Offer of
Terrorism Coverage; Disclosure of Premium
IMPORTANT INFORMATION
NOTICE – OFFER OF TERRORISM COVERAGE;
DISCLOSURE OF PREMIUM
THIS NOTICE DOES NOT FORM A PART OF THE POLICY, GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY.
As used herein, 1) "we" means the insurer listed on the Declarations or the Certificate of Insurance, as applicable; and 2) "you" means the first person or entity named on the Declarations or the Certificate of Insurance, as applicable.
You are hereby notified that under the Terrorism Risk Insurance Act, as extended and reauthorized ("Act"), you have a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks.
This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply.
CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism.
Originally, the Act provided that to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However, the 2007 re-authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest, and now certified acts of terrorism may encompass, for example, a terrorist act committed against the United States government by a United States citizen, when the act is determined by the federal government to be "a certified act of terrorism."
In accordance with the Act, we are required to offer you the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy, including nuclear, war or military action exclusions, will still apply to such an act.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. Beginning in 2020, the federal share equals 80% of that portion of the amount of such insured losses that exceeds the applicable insurer retention.
LIMITATION ON PAYMENT OF TERRORISM LOSSES
If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion.
Further, this coverage is subject to a limit on our liability pursuant to the federal law where, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a calendar year (January 1 through December 31) and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion. 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.
CNA81758XX (01-21) Copyright CNA All Rights Reserved. Page 1 of 2 10020006070384118607964
Policy Holder Notice - Offer of
Terrorism Coverage; Disclosure of Premium
CONFIRMATION OF ACCEPTANCE OF COVERAGE
In accordance with the Act, we offered you coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that you have chosen to accept our offer of coverage for certified acts of terrorism. The policy's other provisions, including nuclear, war or military action exclusions, will still apply to such an act. The premium charge for terrorism coverage, if any, is shown separately on the Declarations or the Certificate of Insurance, as applicable.
CNA81758XX (01-21) Copyright CNA All Rights Reserved. Page 2 of 2 CNA Connect
New Business Declaration
POLICY NUMBER FROM - POLICY PERIOD - TO
B 7038411860 06/09/2023 06/09/2024
COVERAGE PROVIDED BY
VALLEY FORGE INSURANCE COMPANY
151 N Franklin
CHICAGO, IL 60606
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE
AGENCY NUMBER AGENCY NAME AND ADDRESS
084287 CS&S/AGENCY ONE AZ LLC
16930 E PALISADES BL
PO BOX 19780 (85269)
FOUNTAIN HILLS, AZ 85268
Phone Number: (877)724-2669
BRANCH NUMBER BRANCH NAME AND ADDRESS
560 PHOENIX BRANCH
4150 N DRINKWATER BLVD S-105
SCOTTSDALE, AZ 85251
Phone Number: (480)941-3200
This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above.
The Named Insured is a Corporation.
Your policy is composed of this Declarations, with the attached Common Policy Conditions, Coverage Forms, and Endorsements, if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance.
The Estimated Policy Premium Is $1,630.00
Terrorism Risk Insurance Act Premium $55.00
Audit Period is Not Auditable
INSURED Page 1 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
PROPERTY COVERAGE LIMIT OF INSURANCE
The following deductible applies unless a separate deductible is shown on the Schedule of Locations and Coverage.
Deductible: $1,000
Business Income and Extra Expense Coverage
Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income and Extra Expense - Dependent Properties $10,000 Employee Dishonesty $25,000
Forgery and Alteration $25,000
LIABILITY COVERAGE LIMIT OF INSURANCE
Liability and Medical Expense Limit - Each Occurrence $2,000,000 Medical Expense Limit -- Per Person $10,000
Personal and Advertising Injury $2,000,000
Products/Completed Operations Aggregate $4,000,000
General Aggregate $4,000,000
Damage To Premises Rented To You $1,000,000
Employment Practices/Fiduciary Liability Retroactive Date: 06/09/2023 $10,000 EPLI Deductible: $0
INSURED Page 2 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
SCHEDULE OF LOCATIONS AND COVERAGE
LOCATION BUILDING 1 1
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
Construction: Masonry Non Combustible
Class Description: PRINTER/QUICK PRINT SHOPS - NOT SILKSCREENING Inflation Guard 3%
PROPERTY COVERAGE LIMIT OF INSURANCE
Accounts Receivable $25,000
Building $75,000
Business Personal Property $400,000
Electronic Data Processing $50,000
Fine Arts $25,000
Ordinance or Law - Demolition Cost, Increased Cost of Construction $25,000 Seasonal Increase: 25%
Sewer or Drain Back Up $25,000
Valuable Papers & Records $25,000
INSURED Page 3 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
LOSS PAYEE SCHEDULE
All loss payees as their interests may appear in the Covered Property.
The following provisions apply in accordance with the insurable interest of the loss payee: Loss Payee
Description of Property: Any Covered Property in which a loss payee, creditor or lender holds an interest, including any person or organization you have entered a contract with for the sale of Covered Property.
INSURED Page 4 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
ADDITIONAL NAMED INSUREDS SCHEDULE
REXFORD INDUSTRIAL "REALTY, L.P."
INSURED Page 5 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
FORMS AND ENDORSEMENTS SCHEDULE
The following list shows the Forms, Schedules and Endorsements by Line of Business that are a part of this policy.
COMMON
FORM NUMBER FORM TITLE
CNA79203XX 06/2014 Exclusion - Access or Disclosure of Confidential CNA80103XX 09/2014 Primary and Non Contributory - Other Ins Condition CNA81751XX 03/2015 Cap on Losses from Certified Acts of Terrorism CNA85710XX 06/2016 Unmanned Aircraft Exclusion Endorsement CNA92680XX 10/2019 Non-Accumulation of Limits Endorsement SB146916E 07/2020 California Changes
SB147075A 01/2006 Economic and Trade Sanctions Condition SB147082E 04/2014 Businessowners Common Policy Conditions SB147086B 04/2010 Loss Payable Provisions
COMMERCIAL PROPERTY
FORM NUMBER FORM TITLE
SB146801J 10/2019 Businessowners Special Property Coverage Form SB146802F 10/2019 Business Income and Extra Expense
SB146803A 01/2006 Seasonal Increase
SB146804A 01/2006 Arson and Theft Reward
SB146805B 06/2016 Claim Data Expense
SB146806B 01/2008 Debris Removal
SB146807F 10/2019 Employee Dishonesty
SB146808A 01/2006 Expediting Expenses
SB146809C 07/2009 Fine Arts
SB146810A 01/2006 Fire Department Service Charge
SB146811A 01/2006 Fire Protective Equipment Discharge
SB146812D 10/2019 Forgery and Alteration
SB146813B 01/2008 Newly Acquired or Constructed Property SB146814B 03/2006 Ordinance or Law
SB146815A 01/2006 Outdoor Trees, Shrubs, Plants and Lawns SB146816A 01/2006 Pollutant Clean Up and Removal
SB146817A 01/2006 Preservation of Property
SB146818A 01/2006 Temporary Relocation of Property
SB146819A 01/2006 Water Damage, Other Liquids, Solder, Molten Damage SB146820C 06/2011 Accounts Receivable
SB146821A 01/2006 Appurtenant Buildings and Structures
SB146822A 01/2006 Building Glass
SB146823C 10/2019 Business Income Extra Expense - Dependent Property SB146824B 01/2008 Business Income Extra Expense-Newly Acquired Locs SB146825C 06/2011 Business Personal Property Off Premises SB146826C 10/2019 Civil Authority
SB146827F 06/2011 Electronic Data Processing
SB146830B 01/2008 Money Orders and Counterfeit Paper Currency SB146831B 06/2011 Nonowned Detached Trailers
SB146832B 01/2008 Ordinance or Law-Increased Period of Restoration SB146833A 01/2006 Outdoor Property
SB146834A 01/2006 Personal Effects
SB146835A 01/2006 Signs
SB146836A 01/2006 Spoilage Consequential Loss
SB146837A 01/2006 Theft Damage to Rented Property
SB146838C 06/2011 Valuable Papers and Records
SB146839F 06/2011 Sewer or Drain Back Up
INSURED Page 6 of 7
POLICY NUMBER
B 7038411860
INSURED NAME AND ADDRESS
Lewis Stanley Inc.
2633 Manhattan Beach Blvd
REDONDO BEACH, CA 90278
FORMS AND ENDORSEMENTS SCHEDULE
COMMERCIAL PROPERTY
FORM NUMBER FORM TITLE
SB146936A 01/2006 Inflation Guard
SB147084C04 04/2012 California Fungi, Wet Rot, Dry Rot, Microbe Exln SB300129C 10/2019 Targeted Hacker Attack
SB300139C 04/2014 Protective Safeguards
SB300456A 07/2007 Concurrent Causation, Earth Movmnt, Water Excl Chg SB300596A 01/2008 Identity Theft/Recovery Services Endorsement SB300602A 01/2008 Tenants Improvements and Betterments for Building
COMMERCIAL GENERAL LIABILITY
FORM NUMBER FORM TITLE
SB146932G 10/2019 Blanket Additional Insured - Liability Extension SB147079A 01/2006 War Liability Exclusion
SB147080B 10/2019 Exclusion - Silica
SB147083C 10/2019 Fungi/Mold/Mildew/Yeast/Microbe Exclusion SB147088A 01/2006 Exclusion - Asbestos
SB147089A 01/2006 Employment - Related Practices Exclusion SB300000D 04/2014 Businessowners Liability Coverage Form SB300441A 01/2007 Fiduciary Liability Coverage Form
SB300449A 01/2007 Single Limit of Insurance Endorsement SB300450A 01/2007 Employment Practices Liability Coverage Form SB300849A 07/2009 Recd and Distribution of Material or information *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY ***
FORM NUMBER FORM TITLE
CNA81758XX 01/2021 PHN - Offer of Terrorism Disclosure of Premium CNA95404XX 03/2019 CNA Coverpage Form
Countersignature
SB-146895-A (Ed. 01/06) INSURED Page 7 of 7
CNA79203XX
(06-14)
EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL
INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY
INJURY EXCEPTION
It is understood and agreed that this endorsement amends the BUSINESSOWNERS LIABILITY COVERAGE FORM as follows:
Under Exclusions, the exclusions Applicable to Business Liability Coverage are amended to:
I. Delete the exclusion entitled Electronic Data and replace it with the following:
This insurance does not apply to:
Access or Disclosure Of Confidential Or Personal Information And Data-related Liability (1) Damages, other than damages because of "personal and advertising injury," arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury." As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
II. Add the following to the exclusion entitled Personal and Advertising Injury:
This insurance does not apply to:
Personal And Advertising Injury
"Personal and advertising injury":
Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any person's or organization's confidential or personal information.
All other terms and conditions of the Policy remain unchanged.
CNA79203XX (06-14)
Copyright, CNA All Rights Reserved.
10020006070384118607969
CNA80103XX
(09-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORYOTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
1. The additional insured is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
CNA80103XX (09-14)
Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission CNA81751XX
(Ed. 3-15)
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
ENDORSEMENT
SCHEDULE
Solely with respect to any Coverage Part set forth in the Schedule, it is understood and agreed as follows:
Whenever used in this endorsement, 1) "we" means the insurer listed on the Declarations or the Certificate of Insurance, as applicable; and 2) "you" means the first person or entity named on the Declarations or the Certificate of Insurance, as applicable.
A. Cap on Certified Terrorism Losses
"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism pursuant to the Terrorism Risk Insurance Act, as extended and reauthorized (the "Act"). The criteria contained in the Act for a "certified act of terrorism" include the following:
1. 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
2. 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.
If aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a calendar year (January 1 through December 31) and we have met our insurer deductible under the 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.
B. Application of Exclusions
The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion.
All other terms and conditions of the Policy remain unchanged.
CNA81751XX (Ed. 3-15)
Copyright, CNA All Rights Reserved.
10020006070384118607970
CNA85710XX
(Ed. 6-16)
UNMANNED AIRCRAFT EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under
BUSINESSOWNERS LIABILITY COVERAGE FORM
It is understood and agreed as follows:
I. Under Coverages, in the section entitled Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the exclusion entitled Aircraft, Auto Or Watercraft in its entirety, and replace it with the following:
This insurance does not apply to:
Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury", "property damage" or "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 paragraph (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" or offense which caused the "bodily injury", "property damage" or "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft." But this paragraph (1) does not apply to "personal and advertising injury" resulting from:
(a) The use of another's advertising idea in your "advertisement"; or (b) Infringing upon another's copyright, trade dress or slogan in your "advertisement." (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 (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.
This paragraph (2) does not apply to:
(a) An aircraft that is
(i) Hired, chartered or loaned with a paid crew; and
(ii) Not owned by any insured;
(b) A watercraft while ashore on premises you own or rent; (c) 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; (d) 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;
(e) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or
CNA85710XX (Ed. 6-16)
Copyright, CNA All Rights Reserved.
CNA85710XX
(Ed. 6-16)
(f) "Bodily injury" or "property damage" arising out of the operation of any of the following equipment:
(i) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; or
(ii) Air compressors, pumps or generators, or spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment.
II. Under Liability And Medical Expenses Definitions, the following definition is added:
"Unmanned aircraft" means an aircraft that is not designed by the manufacturer to be controlled directly by a person from within or on the aircraft.
All other terms and conditions of the Policy remain unchanged.
CNA85710XX (Ed. 6-16)
Copyright, CNA All Rights Reserved.
10020006070384118607971
CNA92680XX
(Ed. 10-19)
NON-ACCUMULATION OF LIMITS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE PART
It is understood and agreed that the section entitled Liability And Medical Expenses Limits Of Insurance is amended as follows:
A. The following provision is added:
Non accumulation of limits:
a. If a continuing "bodily injury" or "property damage" occurs partly during the policy period, and partly during the policy period of one or more prior and/or future policies issued to the insured by the Insurer, or any of our affiliated insurance companies, that include a Businessowners Liability coverage part, then the amount the Insurer will pay is limited. This policy's Liability and Medical Expenses Limit – Each Occurrence limit will be reduced by the amount of each payment made by the Insurer or any affiliated insurance company under the prior or future policies because of such "bodily injury" or "property damage." b. If a "personal and advertising injury" is sustained by any one person or organization due in part to an offense committed during this policy period, and in part because of offenses committed during the policy period of one or more prior and/or future policies issued to the insured by the Insurer, or any of our affiliated insurance companies, that include a Businessowners Liability coverage part, then to the extent such offenses are not precluded from coverage by an exclusion pertinent to material first published before the policy period, the amount the Insurer will pay is limited. This policy's Personal and Advertising Injury Limit will be reduced by the amount of each payment made by the Insurer or any affiliated insurance company under the prior or future policies because of such "personal and advertising injury."
B. The final paragraph of this Section is deleted and replaced by the following:
Policy Terms Greater Than One Year
a. Except as provided in b. below, the aggregate Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. b. With respect to a "personal and advertising injury" sustained by any one person or organization arising out of a series of related offenses which transpire in more than one of the annual or partial periods described in a. above, all such related offenses will be deemed to have transpired when the earliest of them transpired. Otherwiserelated offenses that involve multiple publications of material will not be considered unrelated merely because the publications were not identical to each other or involved different media.
All other terms and conditions of the Policy remain unchanged.
CNA92680XX (Ed. 10-19) Page 1 of 1
Copyright, CNA All Rights Reserved.
SB-146801-J
(Ed.10-19)
BUSINESSOWNERS
SPECIAL PROPERTY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the company providing the insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION G – PROPERTY DEFINITIONS, and SECTION H – MALICIOUS CODE, SYSTEM PENETRATION, AND DENIAL OF SERVICE DEFINITIONS.
A. COVERAGE
We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from a Covered Cause Of Loss.
1. Covered Property
Covered Property includes Buildings as described under a. below, Business Personal Property as described under b. below, or both, depending on whether a Limit of Insurance is shown in the Declarations for the type of property. Regardless of whether coverage is shown in the Declarations for Buildings, Business Personal Property, or both, there is no coverage for property described under Paragraph A.2. Property Not Covered. a. Buildings, meaning the buildings and structures at the premises described in the Declarations, including:
(1) Completed Additions;
(2) Fences
(3) Fixtures, including outdoor fixtures;
(4) Retaining walls, whether or not attached;
(5) Permanently installed:
(a) Machinery; and
(b) Equipment;
(6) Outdoor swimming pools;
(7) Personal Property owned by you that is used to maintain or service the building or structure or the premises, including:
(a) Fire extinguishing equipment;
(b) Outdoor furniture;
(c) Floor coverings;
(d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (e) Lawn maintenance and snow removal equipment; and
(f) Alarm systems;
(8) If not covered by other insurance:
(a) Alterations and repairs to the building structure;
(b) Materials, equipment, supplies and temporary structures, on or within 1,000 feet of the described premises, used for making alterations or repairs to the building or structure. b. Business Personal Property located in or on the buildings at the described premises or in the open (or in a vehicle) within 1,000 feet of the described premises, including; (1) Property that you own that is used in your business; (2) Property of others that is in your care, custody or control; SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 26 (Ed. 10-19)
10020006070384118607972
SB-146801-J
(Ed.10-19)
(3) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions:
(a) Made a part of the building or structure you occupy or lease but do not own; and (b) You acquired or made at your expense but are not permitted to remove; (4) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Paragraph A.1.b.(2).;
(5) Your leasehold interest in improvements and betterments which are not damaged or destroyed, but which you lose because your lease is cancelled by the lessor as a result of damage to the building from a Covered Cause of Loss. When this occurs, we will calculate the value of your interest in the improvements and betterments as though they had been damaged or destroyed and not repaired or replaced promptly, as provided In the Valuation Loss Condition; (6) Your "money" and "securities";
(7) "Stock."
(8) Tools and equipment owned by your employees which are used in your business operations.
2. Property Not Covered
Covered Property does not include:
a. Aircraft;
b. Automobiles held for sale;
c. Vehicles or self-propelled machines that are:
(1) Licensed for use on public roads (subject to motor vehicle registration); or (2) Operated principally away from the described premises; This paragraph does not apply to:
(1) Vehicles or self-propelled machines or autos that you manufacture, process or warehouse; (2) Vehicles or self-propelled machines, other than autos, that you hold for sale; or (3) Trailers or semi-trailers, except as provided in the Non-Owned Detached Trailers Coverage. d. Dams or dikes;
e. Contraband, or property in the course of illegal transportation or trade; f. The cost of excavating, grading, backfilling or filling (except those costs necessary due to repair of buildings insured under this Coverage Form from a Covered Cause of Loss), reclaiming or restoring land or water; g. Water or land whether in its natural state or otherwise (including land on which the property is located), land improvements, growing crops or standing timber;
h. Outdoor trees, shrubs, plants and lawns, other than "stock" except as provided in the Outdoor Trees, Shrubs, Plants and Lawns Additional Coverage;
i. The following property while outside of the buildings:
(1) Bridges, walks, roadways, patios or other paved surfaces; or (2) Outdoor radio or television antennas (including satellite dishes) and including their lead-in wiring, masts or towers;
Except as provided in the Outdoor Property Coverage Extension; j. Watercraft (including motors, equipment and accessories) while afloat; k. Accounts and bills, except as provided in the Accounts Receivable Coverage Extension; l. "Valuable Papers and Records," except as provided in the Valuable Papers and Records Coverage Extension;
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
m. Property that is covered under another Coverage Form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance;
n. "Fine Arts," except as provided in the Fine Arts Additional Coverage; o. Bullion, gold, silver, platinum and other precious alloys or metals, unless they are used in your "operations" (theft limitation applies);
p. "Electronic data processing equipment" and "Electronic media and data" (not including "stock"),except as provided in the Electronic Data Processing Equipment, Electronic Media and Data and Electronic Data (EDP Coverage Form) Coverage Extension, the Business Income And Extra Expense Coverage Extension, the Accounts Receivable Coverage Extension or the Targeted Hacker Attack Coverage Extension; Your Business Personal Property coverage is extended to provide excess coverage for loss to the Electronic Data Processing Equipment and Electronic Media and Data (EDP Coverage Form) located only at the described premises and resulting from a Covered Cause of Loss. All exclusions applicable to Business Personal Property apply to this excess coverage. This excess coverage is included in and is not in addition to the limits applicable to your Business Personal Property. q. Outdoor signs, except as provided in the Signs Coverage Extension; r. "Virtual currency."
3. Covered Causes of Loss
RISKS OF DIRECT PHYSICAL LOSS unless the loss is:
a. Excluded in section B. EXCLUSIONS;
b. Limited in paragraph A.4. Limitations; or
c. Excluded or limited by other provisions of this policy.
4. Limitations
a. We will not pay for loss of or damage to:
(1) The "interior of any building or structure" or to personal property in the building or structure, caused by rain, snow, sleet or ice whether driven by wind or not, unless:
(a) The building or structure first sustains actual damage to the roof or walls by wind or hail and then we will pay only for the loss to the "interior of the building or structure" or the personal property in the building or structure that is caused by rain, snow, sleet, sand or dust entering the building(s) or structure(s) through openings in the roof or walls made by direct action of wind; or (b) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure.
(2) Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gasses or fuel within the furnace of any fired vessel or within the flues or passages through which the gasses of combustion pass.
(3) Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. b. We will not pay for loss of or damage to the following types of property unless caused by any of the "specified causes of loss" or building glass breakage
(1) Live animals, birds or fish, and then only if they are killed or their destruction is made necessary. This limitation does not apply to animals, birds or fish owned by you and held as "stock." (2) Fragile articles such as glassware, statuary, marbles, chinaware and porcelains, if broken. This limitation does not apply to:
(a) Glass that is part of the exterior or interior of a building or structure; (b) Containers or property held for sale; or
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 26 (Ed. 10-19)
10020006070384118607973
SB-146801-J
(Ed.10-19)
(c) Photographic or scientific instrument lenses.
c. For loss or damage by theft, the following types of property are covered only up to the limits shown:
(1) $2,500 for furs, fur garments, and garments trimmed with fur. (2) $5,000 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $500 or less per item.
(3) $25,000 for patterns, dies, molds and forms.
d. We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss if the building where loss or damage occurs has been "vacant" for more than 60 consecutive days before that loss or damage occurs:
(1) Vandalism;
(2) Sprinkler leakage, unless you have protected the system against freezing; (3) Building glass breakage;
(4) Discharge or leakage of water;
(5) "Theft"; or
(6) Attempted "theft."
With respect to Covered Causes of Loss other than those listed in 4.d.(1) through 4.d.(6) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.
5. Additional Coverages
Additional Coverages may be attached to this Policy (designation would appear in the attached form(s)). Unless otherwise stated, payments made under these Additional Coverages are in addition to the applicable Limits of Insurance.
6. Coverage Extensions
Coverage forms may be attached to this Policy and designated as Coverage Extensions (such designation would appear in the attached form(s)). Unless otherwise stated, payments made under these Coverage Extensions are subject to and not in addition to the applicable Limits of Insurance in this Coverage Form.
B. EXCLUSIONS
1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance or Law
(1) The enforcement of any ordinance or law:
(a) Regulating the construction, use or repair of any property; or (b) Requiring the tearing down of any property, including the cost of removing its debris. (2) This exclusion applies whether the loss results from:
(a) An ordinance or law that is enforced even if the property has not been damaged; or (b) The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property, or removal of its debris, following a physical loss to that property.
b. Earth Movement
(1) Earthquake, including any earth sinking, rising or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased; SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
(4) Earth sinking (other than sinkhole collapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface.
But if Earth Movement, as described in Paragraphs (1) through (4) above, results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (5) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or volcanic action, we will pay for the loss or damage caused by that fire, or volcanic action.
Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by:
(a) Airborne volcanic blast or airborne shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss of or damage to Covered Property.
c. Governmental Action
Seizure or destruction of property by order of governmental authority.
But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this policy. d. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused.
But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss or damage caused by that fire.
e. Power Failure or Fluctuation
The failure or fluctuation of power or other utility service supplied to the described premises, however caused, if the cause of the failure or fluctuation occurs away from the described premises.
But if the failure or fluctuation of power or other utility service results in a Covered Cause of Loss, we will pay for the loss or damage caused by that covered cause of Loss. f. War And Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
g. Water
(1) "Flood," surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not;
(2) Mudslide or mudflow;
(3) Water or sewage that backs up or overflows from a sewer, drain or sump; or (4) Water under the ground surface pressing on, or flowing or seeping through:
(a) Foundations, walls, floors or paved surfaces;
(b) Basements, whether paved or not; or
(c) Doors, windows or other openings.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 26 (Ed. 10-19)
10020006070384118607974
SB-146801-J
(Ed.10-19)
But if Water, as described in Paragraphs (1) through (4), results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. h. Neglect
Neglect of an insured to use reasonable means to save and preserve property from further damage at and after the time of loss.
i. Collapse of Buildings
Collapse of buildings meaning an abrupt falling down or caving in of a building or any part of a building with the result being that the building or part of a building cannot be occupied for its intended purpose. (1) This exclusion does not apply to collapse of buildings if caused only by one or more of the following:
(a) A "specified cause of loss" or breakage of building glass; (b) Decay, insect or vermin damage that is hidden from view, unless the presence of such decay or insect or vermin damage is known to an insured prior to collapse; (c) Weight of people or personal property;
(d) Weight of rain that collects on a roof; or
(e) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of construction, remodeling or renovation; or (f) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs after construction, remodeling or renovation is complete and is caused in part by a cause of loss listed in Paragraphs (a) through (d) above.
In the event collapse results in a Covered Cause of Loss, we will only pay for the resulting loss or damage by that Covered Cause of Loss.
(2) We will not pay for loss of or damage to the following types of property, if otherwise covered in this Coverage Form under Paragraphs (1)(b) through (1)(f) above, unless the loss or damage is a direct result of the collapse of a building:
(a) Awnings, gutters and downspouts;
(b) Outdoor radio or television antennas (including microwave or satellite dishes) and their lead-in wiring, masts or towers;
(c) Fences;
(d) Piers, wharves and docks;
(e) Beach or diving platforms or appurtenances;
(f) Retaining walls;
(g) Walks, roadway and other paved surfaces;
(h) Yard fixtures; or
(i) Outdoor swimming pools.
(3) A building or part of a building that:
(a) Is in imminent danger of abruptly falling down or caving in; or (b) Suffers a substantial impairment of structural integrity; is not considered to have collapsed but is considered to be in a state of imminent collapse. (4) With respect to buildings in a state of imminent collapse, we will not pay for loss or damage unless the state of imminent collapse first manifests itself during the policy period and is cause only by one or more of the following which occurs during the policy period:
(a) A "specified cause of loss" or breakage of glass
(b) Weight of people or personal property;
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
(c) Weight of rain that collects on a roof; or
(d) Use of defective material or methods in construction, remodeling or renovation if the state of imminent collapse occurs during the course of construction, remodeling or renovation. j. Malicious Code
Any "malicious code."
k. System Penetration
Any "system penetration."
l. Denial of Service
Any "denial of service."
2. We will not pay for loss or damage caused by or resulting from any of the following:
a. Electrical Apparatus
Artificially generated electrical current, including electric arcing, that disturbs electrical devices, appliances or wires.
But if artificially generated electrical current results in fire, we will pay for the loss or damage caused by fire. b. Consequential Loss
Delay, loss of use or loss of market.
c. Smoke, Vapor, Gas
Smoke, vapor or gas from agricultural smudging or industrial operations. d. Other Types Of Loss
(1) Wear and tear;
(2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself;
(3) Smog;
(4) Settling, cracking, shrinking or expansion;
(5) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals;
(6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. (7) The following causes of loss to personal property:
(a) Dampness or dryness of atmosphere;
(b) Changes in or extremes of temperature; or
(c) Marring or scratching.
(d) Changes in flavor, color, texture or finish;
(e) Evaporation or leakage; or
(8) Contamination by other than "pollutants."
But if an excluded cause of loss that is listed in Paragraphs (1) through (8) above results in a "specified cause of loss," building glass breakage, or "breakdown" to "covered equipment" (only if otherwise a Covered Cause of Loss), we will pay for the loss or damage caused by that "specified cause of loss," building glass breakage or "breakdown" to "covered equipment" (only if otherwise a Covered Cause of Loss).
e. Steam Apparatus
Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam turbines SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 26 (Ed. 10-19)
10020006070384118607975
SB-146801-J
(Ed.10-19)
results in fire or combustion explosion, we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass.
f. Seepage
Continuous or repeated seepage or leakage of water, or the presence of condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more. g. Frozen Plumbing
Water, other liquids, powder or molten material that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless:
(1) You do your best to maintain heat in the building or structure; or (2) You drain the equipment and shut off the supply if the heat is not maintained. h. Dishonesty
Dishonest or criminal acts by you, or any of your partners, "members," officers, "managers," "employees" (including leased employees), directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose:
(1) Acting alone or in collusion with others;
(2) Whether or not occurring during the hours of employment.
This exclusion does not apply to acts of destruction to your property, or your "Electronic data processing equipment," "Electronic media and data," and "Electronic data," by your "employees" (including leased employees); but theft by employees (including leased employees) is not covered, except as provided in the Employee Dishonesty Additional Coverage.
i. False Pretense
Voluntary parting with any property by you, or anyone else to whom you have entrusted the property, if induced to do so by any fraudulent scheme, trick, device or false pretense; or j. Exposed property
Rain, snow, sand, dust, ice or sleet to personal property in the open, except as provided in the Coverage Extension for Outdoor Property.
k. Pollution
Discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss." But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in a "specified cause of loss," we will pay for the loss or damage caused by that "specified cause of loss" l. Inventory Shortage, mysterious disappearance
Property that is missing, where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property.
This exclusion does not apply to "money" and "securities" m. Inventory Computation
Loss of property or that part of any loss, the proof of which as to its existence or amount is dependent on:
(1) Any inventory computation; or
(2) A profit and loss computation.
n. Transfer of Property
The transfer of property to a person or to a place outside the described premises, on the basis of unauthorized instructions.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
o. Accounting Errors
Loss of "money" or "securities" caused by or resulting from accounting or arithmetic errors or omissions. p. Cost of Correction
The cost of correcting or making good the damage to personal property attributable to such property being processed, manufactured, tested, repaired, restored, retouched or otherwise being worked on. q. Fraudulent Electronic Communication
Any loss caused by or resulting from phished, spoofed, fraudulent or fake wire transfer instructions, emails or other electronic communication.
3. We will not pay for loss or damage caused by or resulting from any of the following Paragraphs a. through c. But if an excluded cause of loss that is listed in Paragraphs a. through c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather Conditions
Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph B.1. above to produce the loss or damage. b. Acts or Decisions
Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body.
c. Negligent Work
Faulty, inadequate or defective:
(1) Planning, zoning, development, surveying, siting;
(2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance;
of part or all of any property on or off the described premises.
If an excluded cause of loss that is listed in Paragraphs (1) through (4) above results in a Covered Cause of Loss, we will pay for the resulting loss or damage caused by that Covered Cause of Loss. But we will not pay for:
(1) Any cost of correcting or making good the fault, inadequacy or defect itself, including any cost incurred to tear down, tear out, repair or replace any part of any property to correct the fault, inadequacy or defect; or (2) Any resulting loss or damage by a Covered Cause of Loss to the property that has the fault, inadequacy or defect until the fault, inadequacy or defect is corrected.
4. Business Income and Extra Expense Exclusions
a. We will not pay for:
(1) Any Extra Expense, or increase of Business Income loss, caused by or resulting from:
(a) Delay in rebuilding, repairing or replacing the property or resuming "operations," due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations," we will cover such loss that affects your Business Income during the "period of restoration." b. Any other consequential loss.
C. Limits of Insurance
1. Unless otherwise stated, the most we will pay for loss or damage in any one "occurrence" is the applicable Limit of Insurance shown in the Declarations, Schedules, Coverage Forms, or endorsements.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 9 of 26 (Ed. 10-19)
10020006070384118607976
SB-146801-J
(Ed.10-19)
2. Inflation Guard
a. When a percentage for Inflation Guard is shown in the Declarations, the Limit of Insurance for property to which this coverage applies will automatically increase by that annual percentage. b. The amount of increase will be:
(1) The Limit of Insurance that applied on the most recent of the policy inception date, the policy anniversary date, or any other policy change amending the Limit of Insurance, multiplied by (2) The percentage of annual increase shown in the Declarations, expressed as a decimal (example: 5% is .05), multiplied by
(3) The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance, divided by 365.
Example:
If:
The applicable Building
limit is $100,000
The annual percentage
increase is 5%
The number of days since
the beginning of the policy
year (or last policy change)
is 146
The amount of increase is
$100,000 x .05 x (146/365) = $2,000
D. DEDUCTIBLES
1. We will not pay for loss or damage in any one "occurrence" until the amount of loss or damage exceeds the Businessowners Property Coverage Deductible amount shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance.
2. Regardless of the amount of the Businessowners Property Coverage Deductible, the most we will deduct from any loss or damage under the Building Glass Coverage Extension in any one "occurrence" is the Building Glass Deductible shown in the Declarations.
3. The Businessowners Property Coverage Deductible does not apply to any of the following if they are included as part of this policy:
a. Fire Department Service Charge
b. Business Income and Extra Expense
c. Arson and Theft Reward; and
d. Accounts Receivable;
e. Any other property coverage with a specific deductible amount shown in the coverage form or declaration.
4. If more than one deductible applies to loss or damage in any one "occurrence", we will apply each deductible separately. But the total of all deductible amounts applied in any one "occurrence" will not exceed the largest applicable deductible.
E. PROPERTY LOSS CONDITIONS
1. Abandonment
There can be no abandonment of any property to us.
2. Appraisal
If we and you disagree on the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 10 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If there is an appraisal, we will still retain our right to deny the claim.
3. Duties In The Event Of Loss Or Damage
a. You must see that the following are done in the event of loss or damage to Covered Property:
(1) Notify the police if a law may have been broken.
(2) Give us prompt notice of the loss or damage. Include a description of the property involved. (3) As soon as possible, give us a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limits of Insurance. However, we will not pay for any loss or damage from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination.
(5) At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of loss claimed.
(6) As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records.
Also permit us to take samples of damaged and undamaged property for inspection, testing an analysis, and permit us to make copies from your books and records. (7) Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (8) Cooperate with us in the investigation or settlement of the claim. (9) Resume all or part of your "operations" as quickly as possible. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed.
4. Loss Payment – Building and Personal Property
a. In the event of loss or damage covered by this Coverage Form, at our option, we will either:
(1) Pay the value of lost or damaged property;
(2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below.
We will determine the value of lost or damaged property, or the cost of its repair or replacement, in accordance with the applicable terms of 4.e. below or any applicable provision which amends or supersedes the value of Covered Property.
b. The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction, use or repair of any property, except as provided in the Ordinance or Law Additional Coverage.
c. We will give notice of our intentions within 30 days after we receive the proof of loss. d. We will not pay you more than your financial interest in the Covered Property. e. We will determine the value of Covered Property as follows:
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 11 of 26 (Ed. 10-19)
10020006070384118607977
SB-146801-J
(Ed.10-19)
(1) At replacement cost (without deduction for depreciation), except as provided in (2) through (18) below. (a) You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage. (b) We will not pay on a replacement cost basis for any loss or damage:
(i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage.
With respect to tenants' improvements and betterment's, the following also applies:
a) If the conditions in (b)(i) and (b)(ii) above are not met, the value of tenants' improvements and betterments will be determined as a proportion of your original cost, as set forth under 4e.(7) below; and
b) We will not pay for loss or damage to tenants' improvements and betterments if others pay for repairs or replacement.
(c) We will not pay more for loss or damage on a replacement cost basis than the least of (i), (ii), or (iii) subject to (d) below:
(i) The Limit of Insurance applicable to the lost or damaged property; (ii) The cost to replace the lost or damaged property with other property:
a) Of comparable material and quality; and
b) Used for the same purpose; or
(iii) The amount actually spent that is necessary to repair or replace the lost or damaged property.
If a building is rebuilt at a new premises, the cost described in (c)(ii) above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises. (d) The cost of repair or replacement does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction, use or repair of any property. (2) If the Declarations indicate that Actual Cash Value applies to Buildings or Business Personal Property, paragraph (1) above does not apply to the property for which Actual Cash Value is indicated. (3) Property of others at the amount you are liable plus the cost of labor, materials, or services furnished or arranged by you on personal property of others, not to exceed the replacement cost. (4) The following property at actual cash value:
(a) Used or second-hand merchandise held in storage or for sale; (b) Household furnishings;
(c) Personal effects.
(5) "Fine Arts" as follows:
(a) If there is a schedule of "fine arts" on file which includes a description and value of the lost or damaged item, we will pay the value as stated in the schedule for that item if there is a total loss to that item. If there is a partial loss to an item, we will pay the cost of reasonably restoring or repairing that item.
(b) For "fine arts" without a schedule on file as described in paragraph (a) above, the value of "fine arts" will be the least of the following amounts:
(i) Market value of the lost or damaged item at the time and place of loss; (ii) The cost of reasonably restoring the lost or damaged item; or (iii) The cost of replacing that lost or damaged item with property substantially the same.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 12 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
(6) Glass at the cost of replacement with safety glazing material if required by law. (7) Tenants' Improvements and Betterments at:
(a) Replacement cost if you make repairs promptly.
(b) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows:
(i) Multiply the original cost by the number of days from the loss or damage to the expiration date of the lease; and
(ii) Divide the amount determined in (i) above by the number of days from the installation of improvements to the expiration of the lease.
If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure.
(c) Nothing, if others pay for repairs or replacement.
(8) "Valuable Papers and Records" at the cost of restoration or replacement. To the extent that the contents of the "valuable papers and records" are not restored or replaced, the "valuable papers and records" will be valued at the cost of replacement with blank material of substantially identical type. (9) "Stock" you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had.
(10) Property in transit (other than "stock" you have sold) at the amount of invoice, including your prepaid or advanced freight charges and other charges which may have accrued or become legally due from you since the shipment. If you have no invoice, the actual cash value will apply. (11) "Money" at its face value.
(12) "Securities" at their value at the close of business on the day the loss is discovered. (13) Accounts Receivable as follows:
(a) If you cannot accurately establish the amount of Accounts Receivable outstanding as of the time of loss, we will:
(i) Determine the total of the average monthly amounts of Accounts Receivable for the 12 months immediately preceding the month in which the loss occurs; and (ii) Adjust that total for any normal fluctuations in the amount for Accounts Receivable for the month in which the loss occurred or for any demonstrated variance from the average for that month. (b) If you can accurately establish the amount of Accounts Receivable outstanding, that amount will be used in the determination of loss.
(c) The following will be deducted from the total amount of Accounts Receivable, however that amount is established:
(i) The amount of the accounts for which there was no loss; (ii) The amount of the accounts that you are able to reestablish or collect; (iii) An amount to allow for probable bad debts that you are normally unable to collect; and (iv) All unearned interest and service charges.
(14) "Electronic Data Processing Equipment" at replacement cost as of the time and place of loss, without deduction for physical deterioration, depreciation, obsolescence or depletion. However, in the event of replacement of "electronic data processing equipment" with identical property is impossible, the replacement cost will be the cost of items that are similar to the damaged or destroyed equipment and intended to perform the same function, but which may include technological advances. "Electronic data processing equipment" that is obsolete or no longer used by you will be valued at actual cash value.
(15) "Electronic Media and Data" at the cost of the same or similar blank media.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 13 of 26 (Ed. 10-19)
10020006070384118607978
SB-146801-J
(Ed.10-19)
(16) "Electronic Data":
(a) For which duplicates or back-ups do not exist, will be valued at your cost to research, replace or restore the "electronic data," but only if the "electronic data" is actually replaced or restored. (b) For which full duplicates or back-ups exist, will be valued at your cost of labor to copy the "electronic data" from such duplicates or back-ups, but only if the "electronic data" is actually copied. (c) For which partial duplicates or back-ups exist, will be valued at your cost of labor to copy the partial "electronic data" from such duplicates or back-ups, and your cost to research, replace or restore the remaining "electronic data," but only if the "electronic data" is actually copied and replaced or restored.
(d) In the event that you are not able to copy "electronic data" from back-ups, or replace or restore, "electronic data" will be valued at your cost of labor up to the point in time that you reach that determination.
(17) The value of United States Government Internal Revenue taxes and custom duties and refundable state and local taxes paid or fully determined on the following property held for sale will not be considered in determining the value of Covered Property:
(a) Distilled spirits;
(b) Wines;
(c) Rectified products; or
(d) Beer.
(18) Lottery tickets at their initial cost to you except for winning tickets at their redeemed value. f. Our payment for loss of or damage to personal property of others will only be for the account of the owners of the property. We may adjust losses with the owners of lost or damaged property, if other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. g. We may elect to defend you against suits arising from claims of owners of property. We will do so at our expense.
h. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss provided you have complied with all of the terms of this policy; and (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made.
i. At our option, we may make a partial payment toward any claims, subject to the policy provisions and our normal adjustment process. To be considered for partial claim payment, you must submit a partial sworn proof of loss with supporting documentation. Any applicable policy deductibles must be satisfied before any partial payments are made.
j. Pair, Sets or Parts
1. Pair or Set. In case of "loss" to any part of a pair or set we may:
(a) Repair or replace any part to restore the pair or set to its value before the "loss"; or (b) Pay the difference between the value of the pair or set before and after the "loss."
2. Parts. In case of "loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part.
k. Commodity Stock
We will determine the value of merchandise and raw materials that are bought and sold at an established market exchange. We will determine the value at:
(1) The posted market price as of the time and place of loss; (2) Less discounts and expenses you otherwise would have had.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 14 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
5. Loss Payment – Business Income and Extra Expense
a. If the Declarations indicate that Business Income and Extra Expense applies to Buildings or Business Personal Property, the amount of Business Income loss will be determined based on:
(1) The Net Income of the business before the direct physical loss or damage occurred; (2) The likely Net Income of the business if no physical loss or damage occurred, but not including any likely increase in Net Income attributable to an increase in the volume of business as a result if favorable business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses;
(3) The operating expenses, including payroll expenses, necessary to resume "operations" with the same quality of service that existed just before the direct physical loss or damage; and (4) Other relevant sources of information, including:
(a) Your financial records and accounting procedures;
(b) Bills, invoices and other vouchers; and
(c) Deeds, liens or contracts.
b. The amount of Extra Expense will be determined based on:
(1) All reasonable and necessary expenses that exceed the normal operating expenses that would have been incurred by "operations" during the "period of restoration" if no direct physical loss or damage had occurred. We will deduct from the total of such expenses:
(a) The salvage value that remains of any property bought for temporary use during the "period of restoration," once "operations" are resumed; and
(b) Any Extra Expense that is paid for by other insurance, except for insurance that is written subject to the same plan, terms, conditions and provisions as this insurance; and (2) All reasonable and necessary expenses that reduce the Business Income loss that otherwise would have been incurred.
c. We will reduce the amount of your:
(1) Business Income loss, other than Extra Expense, to the extent you can resume your "operations," in whole or in part, by using damaged or undamaged property (including merchandise or "stock") at the described premises or elsewhere; or
(2) Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense.
d. If you do not resume "operations," or do not resume "operations" as quickly as possible, we will pay based on the length of time it would have taken to resume "operations" as quickly as possible. e. We will pay for covered loss or damage within 30 days after we receive your sworn proof of loss provided you have complied with all of the terms of this policy; and (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made.
6. Vacancy
a. Description of Terms
(1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in Paragraphs (a) and (b) below:
(a) When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property, building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b) When this policy is issued to the owner or general lessee of a building, building means the entire building. Such building is vacant unless at least 31% of its total square footage is:
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 15 of 26 (Ed. 10-19)
10020006070384118607979
SB-146801-J
(Ed.10-19)
i. Rented to a lessee or sub-lessee and used by the lessee or sub-lessee to conduct its customary operations; and/or
ii. Used by the building owner to conduct customary operations. (2) Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions
If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs:
(1) We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss:
(a) Vandalism;
(b) Sprinkler leakage, unless you have protected the system against freezing; (c) Building glass breakage;
(d) Water damage;
(e) Theft; or
(f) Attempted theft.
With respect to Covered Causes of Loss other than those listed in paragraphs (1)(a) through (1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%.
7. Recovered Property
If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, you may retain the property. But then you must return to us the amount we paid to you for the property. We will pay the recovery expenses and the expenses to repair the recovered property, subject to the applicable Limit of Insurance.
8. Noncumulative Limit
No Limit of Insurance cumulates from policy period to policy period.
F. COMMERCIAL PROPERTY CONDITIONS
1. Concealment, Misrepresentation or Fraud
This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning:
a. This policy;
b. The Covered Property;
c. Your interest in the Covered Property; or
d. A claim under this policy.
2. Control of Property
Any act or neglect of any person other than you beyond your direction or control will not affect this insurance.
The breach of any condition of this Coverage Form at any one or more premises will not affect coverage at any premises where, at the time of loss or damage, the breach of condition does not exist.
3. Insurance Under Two or More Coverages
If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage.
4. Legal Action Against Us
No one may bring a legal action against us under this Coverage Form unless:
a. There has been full compliance with all of the terms of this Coverage Form; and SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 16 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
b. The action is brought within 2 years after the date on which the direct physical loss or damage occurred.
5. Liberalization
If, during your policy period, we adopt any revision that would broaden the coverage under this policy without additional premium the broadened coverage will immediately apply to this policy. The broadened coverage will also apply to the renewal of this policy if such renewal was in process, or was mailed prior to the date we adopted such revision.
6. No Benefit to Bailee
No person or organization, other than you, having custody of Covered Property will benefit from this insurance.
7. Other Insurance
a. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Form. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Form bears to the Limits of Insurance of all insurance covering on the same basis.
b. If you have other insurance covering the same loss or damage, other than that described in Paragraph a. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.
8. Policy Period, Coverage Territory
Under this Coverage Form:
a. We cover loss or damage you sustain through acts committed or events occurring:
(1) During the policy period shown in the Declarations; and (2) Within the coverage territory; and
b. The coverage territory is:
(1) The United States of America (including its territories and possessions); (2) Puerto Rico; and
(3) Canada
9. Transfer of Rights of Recovery Against Others To Us
Applicable to the Businessowners Property coverage:
If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing.
a. Prior to a loss to your Covered Property or Covered Income; or b. After a loss to your Covered Property only if, at the time of loss, that party is one of the following:
(1) Someone insured by this insurance;
(2) A business firm:
(a) Owned or controlled by you; or
(b) That owns or controls you; or
(3) Your tenant.
This will not restrict your insurance.
10. Coinsurance
If a Coinsurance percentage is shown in the Declarations, the following condition applies.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 17 of 26 (Ed. 10-19)
10020006070384118607980
SB-146801-J
(Ed.10-19)
a. We will not pay the full amount of any loss if the value of Covered Property at the time of loss multiplied by the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property
Instead, we will determine the most we will pay using the following steps:
(1) Multiply the value of Covered Property at the time of loss by the Coinsurance Percentage; (2) Divide the Limit of Insurance of the property by the figure determined in step (1); (3) Multiply the total amount of the covered loss, before the application of any deductible, by the figure determined in step (2) above; and
(4) Subtract the deductible from the figure determined in step (3).
We will pay the amount determined in step (4) or the limit of insurance, whichever is less.
For the remainder, you will either have to rely on other insurance or absorb the loss yourself.
Example No. 1 (Under Insurance):
When:
The value of the property is $250,000
The coinsurance percent for
it is 90%
The Limit of Insurance for
it is $112,500
The Deductible is $250
The amount of loss is $40,000
Step (1): $250,000 x 90% = $225,000 (the minimum amount of insurance to meet your Coinsurance requirements)
Step (2): $112,500/$225,000 = .50
Step (3): $40,000 x .50 = $20,000
Step (4): $20,000 - $250 = $19,750
We will pay no more than $19,750. The remaining $20,250 is not covered.
Example No. 2 (Adequate Insurance):
When:
The value of the property is $250,000
The Coinsurance percentage
for it is 90%
The Limit of Insurance for
it is $225,000
The Deductible is $250
The amount of loss is $40,000
The minimum amount of insurance to meet your Coinsurance requirement is $225,000 ($250,000 x 90%).
Therefore, the Limit of Insurance in this Example is adequate and no penalty applies. We will pay no more than $39,750 ($40,000 amount of loss minus the deductible of $250). b. Coinsurance does not apply to:
(1) "Money" and "securities";
(2) Additional Coverages;
(3) Coverage Extensions; or
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 18 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
(4) Loss or damage in any one "occurrence" totaling less than $2,500.
11. Mortgageholders
a. The term, mortgageholder, includes trustee.
b. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure.
d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Form, the mortgageholder will still have the right to receive loss payment if the mortgageholder:
(1) Pays any premium due under this Coverage Form at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and
(3) Has notified us of any change in ownership or occupancy or substantial change in risk known to the mortgageholder.
All of the terms of this Coverage Form will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Form:
(1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and
(2) The mortgageholder's rights to recover the full amount of the mortgageholder's claim will not be impaired.
At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us.
f. If we cancel this policy we will give written notice to the mortgageholder at least:
(1) 10 days before the effective date of cancellation if we cancel for your non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy.
G. PROPERTY DEFINITIONS
1. "Banking Premises" means the interior of that portion of any building which is occupied by a banking institution or similar safe depository.
2. "Breakdown"
a. Means:
(1) Failure of pressure or vacuum equipment;
(2) Mechanical failure, including rupture or bursting caused by centrifugal force; or (3) Electrical failure including arcing;
That causes physical damage to "covered equipment" and necessitates its repair or replacement; and b. Does not mean:
(1) Malfunction, including but not limited to adjustment, alignment, calibration, cleaning or modification; (2) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; (3) Damage to any vacuum tube, gas tube, or brush;
(4) Damage to any structure or foundation supporting the "covered equipment" or any of its parts; SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 19 of 26 (Ed. 10-19)
10020006070384118607981
SB-146801-J
(Ed.10-19)
(5) The functioning of any safety or protective device; or (6) The cracking of any part on any internal combustion gas turbine exposed to the products of combustion.
3. "Communication Supply Services"
a. Means property supplying communication services, including telephone, radio, microwave or television services to the described premises, such as:
(1) Communication transmission lines, including fiber optic transmission lines; (2) Coaxial cables; and
(3) Microwave radio relays, except satellites and;
b. Does not mean overhead transmission lines.
4. "Covered Equipment"
a. Means the following types of equipment:
(1) Equipment designed and built to operate under internal pressure or vacuum other than weight of contents;
(2) Electrical or mechanical equipment that is used in the generation, transmission or utilization of energy; (3) Refrigeration or Air Conditioning systems;
(4) Wiring, cable, including fiber optic cable; and
(5) Hoists and cranes;
b. Does not mean any
(1) "Electronic data processing equipment";
(2) "Electronic media and data" or "electronic data";
(3) Part of pressure or vacuum equipment that is not under internal pressure of its contents or internal vacuum;
(4) Insulating or refractory material;
(5) Vessels, piping and other equipment (including conduit) that are buried below ground and require the excavation of materials to inspect, remove, repair, or replace; (6) Structure, foundation, cabinet or compartment supporting or containing the "covered equipment" or part of the "covered equipment" including pen-stock, draft tube or well casing; (7) Vehicle, aircraft, self-propelled equipment or floating vessel, including any equipment mounted on or used solely with any vehicle, aircraft, self-propelled equipment or floating vessel; (8) Elevator or escalator, but not excluding any electrical machine or apparatus mounted on or used with this equipment; or
(9) Equipment or any part of such equipment manufactured by you for sale.
5. "Diagnostic Equipment" means any:
a. Equipment; or
b. Apparatus;
used solely for research, diagnostic, medical, surgical, therapeutic, dental or pathological purposes.
6. "Electronic Data"
a. Means information reduced to an electronic format for processing with and storage in "electronic data processing equipment," software and programming records and instructions used for "electronic data processing equipment."
b. Any reference to your "electronic data" means "electronic data" owned or licensed by you and stored on your "electronic data processing equipment."
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 20 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
c. Does not mean "valuable papers and records" or "virtual currency."
7. "Electronic Media and Data"
a. Means physical media on which "electronic data" is stored, and the "electronic data" stored thereon, including without limitation, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other repositories used with electronically controlled equipment. b. Any reference to your "electronic media and data" means "electronic media and data" owned by you and stored on your "electronic data processing equipment."
c. "Electronic media and data" does not mean any "valuable papers & records" or "virtual currency."
8. "Electronic Data Processing Equipment"
a. Means any of the following equipment:
(1) Computers, facsimile machines, word processors, multi-functional telephones and computer servers, and (2) Any component parts and peripherals of such equipment, including related surge protection devices. (3) Laptops and personal digital assistants.
(4) "Diagnostic Equipment"
b. "Electronic data processing equipment" does not mean equipment used to operate production type of:
(1) Machinery; or
(2) Equipment.
c. Any reference to your "electronic data processing equipment" means "electronic data processing equipment" used in your "operations" and controlled and operated by you, and includes any "electronic data processing equipment" controlled or operated by a third party on your behalf.
9. "Employee(s)" means:
a. Any natural person:
(1) While in your service (and for 30 days after termination of service); and (2) Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you. b. Any natural person employed by an employment contractor 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.
c. Your directors or trustees while acting as a member of any of your elected or appointed committees to perform on your behalf specific, as distinguished from general, directorial acts.
But "employee" does not mean any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character.
10. "Employee Dishonesty" means only dishonest acts, committed by an "employee," whether identified or not, acting alone or in collusion with other persons, except you, a partner, a "member" or a "manager," including the "theft" of Personal Property of Others in your care custody or control by an "employee," with the manifest intent to:
a. Cause you, your customers or clients to sustain loss; and also b. Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for:
(1) The "employee"; or
(2) Any person or organization intended by the "employee" to receive that benefit.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 21 of 26 (Ed. 10-19)
10020006070384118607982
SB-146801-J
(Ed.10-19)
11. "Fine Arts"
a. Means paintings, etchings, pictures, tapestries, art glass windows, valuable rugs, statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelains, rare glass, bric-a-brac, and similar property with historical value, or artistic merit; and
b. Does not mean any glass that is a part of a building or structure.
12. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas, whether caused by natural "occurrences", acts or omissions of man or any other cause or combination of causes.
All flooding in a continuous or protracted event will constitute a single "flood."
13. "Forgery" means the signing of the name of another person or organization with intent to deceive. "Forgery" does not mean a signature which consists in whole or in part of one's own name signed with or without authority, in any capacity for any purpose.
14. "Interior of any building or structure" as used in this policy means all portions of the structure that are within the exterior skin of the structure's walls and roof, including, but not limited to lathe, sand paper, framing, wallboard and tarpaper.
15. "Maintenance Fees" means the regular payment made to you by unit-owners and used to service the common property.
16. "Manager" means a person serving in a directorial capacity for a limited liability company.
17. "Member" means an owner of a limited liability company represented by its membership interest, who also may serve as a "manager."
18. "Money" means currency and coins in current use, bank notes, travelers checks, register checks and money orders held for sale to the public. However, "money" does not mean "virtual currency."
19. "Occurrence" means one event or a series of related events that contribute concurrently to or contribute in any sequence to physical loss of or damage to property. However, with respect to:
a. Equipment breakdown, "occurrence" means all equipment breakdowns that manifest themselves at the same time and are the result of the same cause, regardless of the number of described premises involved. b. volcanic eruption, "occurrence" means all volcanic eruptions, explosions or effusions that occur within any 168 hour period.
c. Utility Services Coverage, "occurrence" means one event or a series of related events that contribute concurrently to or contribute in any sequence to physical loss of or damage to property, regardless of the number of described premises or the number of utility service providers or utility service properties involved in the same event.
This defined version of "occurrence" will supersede and replace the word 'occurrence' wherever it appears in this Businessowners Special Property Coverage Form, unless otherwise noted.
19. "Operations" means the type of your business activities occurring at the described premises and tenantability of the described premises.
20. "Period of restoration" means the period of time that:
a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises; and
b. Ends on the earlier of:
(1) The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or
(2) The date when business is resumed at a new permanent location. "Period of restoration" does not include any increased period required due to the enforcement of any law that:
(a) Regulates the construction, use or repair, or requires the tearing down of any property; or (b) Regulates the prevention, control, repair, clean-up or restoration of environmental damage.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 22 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
The expiration date of this policy will not cut short the "period of restoration."
21. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste, and any unhealthful or hazardous building materials (including but not limited to asbestos and lead products or materials containing lead). Waste includes materials to be recycled, reconditioned or reclaimed.
22. "Power Generating Equipment"
a. Means the following types of equipment or apparatus:
(1) Pressure;
(2) Mechanical; or
(3) Electrical;
Used in or associated with the generation of electrical power; and b. Does not mean such equipment that is used solely to generate emergency power that is less than or equal to 1000KW
23. "Power Supply Services"
a. Means the following types of property supplying electricity, steam or gas to the described premises:
(1) Utility generating plants;
(2) Switching stations;
(3) Substations;
(4) Transformers; and
(5) Transmission Lines; and
b. Does not mean overhead transmission lines.
24. "Production Equipment"
a. Means any:
(1) Production machinery; or
(2) Process machinery that processes, shapes, forms or grinds:
i. Raw materials;
ii. Materials in process; or
iii. Finished products; and
b. Includes "covered equipment" that is used solely with or forms an integral part of the:
(1) Production;
(2) Process; or
(3) Apparatus.
25. "Rental Value" means Business Income that consist of:
a. Net income (Net Profit or Loss before income taxes) that would have been earned or incurred as rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you, including the fair rental value of any portion of the described premises which is occupied by you; and b. Continuing normal operating expenses incurred in connection with that premises, including:
(1) Payroll; and
(2) The amount of charges which are the legal obligation of the tenant(s) but would otherwise be your obligations.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 23 of 26 (Ed. 10-19)
10020006070384118607983
SB-146801-J
(Ed.10-19)
26. "Securities" means negotiable and nonnegotiable instruments or contracts representing either "money" or other property and includes:
a. Tokens, tickets except lottery tickets, revenue and other non-postage stamps whether or not in current use; and
b. Evidences of debt issued in connection with credit or charge cards, which are not of your own issue; but does not include "money." Lottery tickets held for sale and "virtual currency" are not securities.
27. "Specified causes of loss" means the following:
Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; water damage.
a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include:
(1) The cost of filling sinkholes; or
(2) Sinking or collapse of land into man-made underground cavities. b. Falling objects does not include loss of or damage to:
(1) Personal Property in the open; or
(2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. c. Water damage means:
(1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) that is located on the described premises and contains water or steam; and (2) Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe caused by wear and tear, when the pipe is located off the described premises and is connected to or is part of a potable water supply system or sanitary sewer system operated by a public or private utility service provider pursuant to authority granted by the state or governmental subdivision where the described premises are located.
But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore, for example, there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather-induced flooding, even if wear and tear contributed to the breakage or cracking. As another example, and also in accordance with the terms of the Water Exclusion, there is no coverage for loss or damage caused by or related to weather-induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear.
To the extent that accidental discharge or leakage of water falls within the criteria set forth in c.(1) or c.(2) of this definition of "specified causes of loss", such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground.
28. "Stock" means merchandise held in storage or for sale, raw materials and in-process or finished goods, including supplies used in their packing or shipping.
29. "Suspension" means:
a. The partial or complete cessation of your business activities; or b. That a part or all of the described premises is rendered untenantable.
30. "Theft" means any act of stealing. "Theft" does not include the unlawful taking of property resulting from phished, spoofed, fraudulent or fake wire transfer instructions, emails or other electronic communication..
31. "Vacant" means the following
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 24 of 26 (Ed. 10-19)
SB-146801-J
(Ed.10-19)
a. When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property, building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operation. b. When this policy is issued to the owner or general lessee of a building, building means the entire building.
Such building is vacant unless at least 31% of its total square footage is:
(1) Rented to a lessee or sub-lessee and used by the lessee or sub-lessee to conduct its customary operations; and/or
(2) Used by the building owner to conduct customary operations.
32. "Valuable papers and records" means inscribed, printed or written:
a. Documents;
b. Manuscripts; and
c. Records;
Including abstracts, books, deeds, drawings, films, maps or mortgages.
But "valuable papers and records" does not mean:
a. "Money" or securities";
b. "Electronic data";
c. "Electronic media and data";
33. "Virtual currency" means any assets, representations of monetary value or means of payment that exist purely in electronic or digital form that is accounted for and transferred using computers including, but not limited to, digital money, digital currency, crypto currency, cybercash or any other type of electronic or digital currency.
34. "Water Supply Services" means the following types of property supplying water to the described premises:
a. Pumping stations; and
b. Water mains.
H. MALICIOUS CODE, SYSTEM PENETRATION AND DENIAL OF SERVICE DEFINITIONS:
1. "Denial of Service" means any failure or inability of any person, user, customer, "electronic data processing equipment," computer system or computer network to communicate with, gain access to, or use, any "electronic data processing equipment," computer system, computer network, "electronic media and data" or "electronic data" because an excessive volume of data, requests or communications is sent to, received by or processed by such "electronic data processing equipment," computer system or computer network, and depletes the bandwidth, capacity or computational resources thereof, including without limitation, any business interruption caused by the foregoing.
2. "Electronic Data Peril" means:
a. Corruption, unauthorized use, distortion, deletion, damage, destruction or any other harm to, or misappropriation or copying of, "electronic data" or information; b. Interruption, delay, disruption, suspension, loss of functionality of, inaccessibility to, unauthorized access to or inability to use or communicate with, "electronic data processing equipment," "electronic media and data," "electronic data," computer resources, electronic devices, computer system, computer network or equipment; or
c. Misappropriation, transfer or copying of any property, "money," "securities" or "stock," including without limitation, the use of any computer to cause such misappropriation, transfer or copying.
3. "Malicious Code" means any data, computer program, software, firmware or computer code designed to cause or result in, or that does cause or result in (whether designed to do so or not), any "electronic data peril," including without limitation, computer viruses, worms or Trojan horses..
4. "Mass Attack Malware" means any "malicious code":
a. Capable of replicating or mutating;
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 25 of 26 (Ed. 10-19)
10020006070384118607984
SB-146801-J
(Ed.10-19)
b. Propagating, spreading or moving to other "electronic data processing equipment," "electronic media and data," "electronic data," electronic devices, media, computer systems, equipment or computer networks, including without limitation, by attaching to applications, e-mails, e-mail attachments or otherwise; c. Designed to exploit a vulnerability that is common to or present on more than one "electronic data processing equipment," "electronic media and data," "electronic data," electronic devices, media, computer systems, equipment or computer networks; or
d. That infects, is stored upon, exists within or resides on more than one "electronic data processing equipment," "electronic media and data," "electronic data," electronic device, media, computer system, equipment or computer network.
5. "Mass System Penetration" means any "system penetration" that:
a. Exploits, or is designed to exploit, a vulnerability that is common to or present on more than one "electronic data processing equipment," "electronic media and data," "electronic data," electronic devices, media, computer systems, equipment or computer networks; or
b. Targets or exploits more than one "electronic data processing equipment," "electronic media and data," "electronic data," electronic device, media, computer system, equipment or computer network.
6. "System Penetration" means any access to or use of any "electronic data processing equipment," "electronic media and data," "electronic data," electronic device, computer system, equipment or computer network intended to cause or result in, or that does cause or result in, any "electronic data peril," which is not directly or indirectly enabled by "malicious code" and which is achieved by a person without the use or assistance, directly or indirectly, of "malicious code."
7. "Targeted Hacker Attack" means the corruption, distortion, damaging, deletion or destruction of your "electronic data" resulting from "targeted system penetration" or "targeted malware."
8. "Targeted Malware" means any "malicious code" that:
a. Is intended by a hacker to specifically infect, or be stored or reside on, only your "electronic data processing equipment";
b. Is incapable of replicating, mutating, propagating, spreading or moving to other "electronic data processing equipment," "electronic media and data," "electronic data," electronic devices, media, computer systems or computer networks;
c. Does not infect or reside on any other "electronic data processing equipment," "electronic media and data," "electronic data," computer system, electronic device, or computer network that is not yours; and d. Exploits a vulnerability that is unique to, and present on, only your "electronic data processing equipment," and such vulnerability is not common to or present on any other "electronic data processing equipment," computer, electronic device, medium, computer system, equipment or computer network.
9. "Targeted System Penetration" means "system penetration" that is designed to target and exploit, and that does target and exploit, a vulnerability that is unique to, and present on, only your "electronic data processing equipment," and such vulnerability is not common to or present on any other "electronic data processing equipment," computer, electronic device, medium, computer system, equipment or computer network.
SB-146801-J Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 26 of 26 (Ed. 10-19)
SB146802F
(Ed. 10-19)
BUSINESS INCOME AND EXTRA EXPENSE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A. Coverage.
Business Income and Extra Expense
Business Income and Extra Expense is provided at the premises described in the Declarations when the Declarations show that you have coverage for Business Income and Extra Expense.
1. Business Income
a. Business Income means:
(1) Net Income (Net Profit or Loss before Income taxes) that would have been earned or incurred, including:
(a) "Rental Value"; and
(b) "Maintenance Fees," if you are a condominium association; plus (2) Continuing normal operating expenses incurred, including payroll, subject to 90 day limitation if indicated on the Declaration page.
b. We will pay for the actual loss of Business Income you sustain due to the necessary "suspension" of your "operations" during the "period of restoration." The "suspension" must be caused by direct physical loss of or damage to property at the described premises. The loss or damage must be caused by or result from a Covered Cause of Loss. With respect to loss of or damage to personal property in the open or personal property in a vehicle, the described premises include the area within 1,000 feet of the site at which the described premises are located.
c. Your loss of Business Income is covered up to 30 consecutive days when caused as a direct result of damage, by a Covered Cause of Loss, to property adjacent to your premises. d. With respect to the requirements set forth in Paragraph b. above, if you rent, lease or occupy only part of the site at which the described premises are located, the described premises means:
(1) The portion of the building which you rent, lease or occupy; and (2) Any area within the building or on the site at which the described premises are located, if that area services, or is used to gain access to, the described premises.
e. Property in Transit
(1) We will pay for the actual loss of Business Income you sustain and necessary Extra Expense you incur during the "period of restoration" due to direct physical loss of or damage to:
(a) Your business personal property; or
(b) Personal property of others in your care, custody or control; while such property in the due course of transit.
If caused by such loss or damage to property in the due course of transit, we will also pay for the actual loss of Business Income you sustain during the additional period of coverage provided under the Extended Business Income Additional Coverage.
(2) Insurance under this Additional Coverage applies only if the loss or damage to the property in transit is caused by a Covered Cause of Loss. Insurance under this Additional Coverage does not apply to any loss of Business Income or Extra Expense due to loss of or damage to:
(a) Vehicles or self-propelled machines (including motor vehicles, trailers, aircraft, watercraft and similar conveyances) unless such vehicles are themselves in the due course of transit in or on another transporting conveyance;
SB146802F (Ed. 10-19) Page 1 of 3
Copyright, CNA All Rights Reserved.
10020006070384118607985
SB146802F
(Ed. 10-19)
(b) Property while waterborne, except in regular ferry operations in the course being moved by other means of transportation;
(c) Property shipped by mail;
(d) Contraband, or property in the course of illegal transportation or trade; (e) Import shipments that have not been unloaded from any importing aircraft or watercraft, or that are under the protection of marine insurance;
(f) Export shipments once loaded on board exporting aircraft or watercraft, or under the protection of marine insurance; or
(g) Properly sold by you under conditional sale, trust agreement, installment payment or other deferred payment plan, after delivery to customers.
(3) The most we will pay for loss under this Additional Coverage is $10,000 unless a different Limit of Insurance is shown in the Declarations for Property in Transit – Business Income and Extra Expense. f. Extended Business Income
If the necessary "suspension" of your "operations" produces a Business Income loss payable under Paragraphs
1.a. through 1.d. above, we will also pay for the actual loss of Business Income you sustain during the period that:
(1) Begins on the date property is actually repaired, rebuilt or replaced and "operations" are resumed; and (2) Ends on the earlier of:
(a) The date you could restore your "operations" with reasonable speed, to the level which would generate the Business Income amount that would have existed if no direct physical loss or damage occurred; or (b) Sixty consecutive days after the date determined in paragraph f.(1) above.
However, this extended Business Income does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of loss in the area where the described premises are located.
2. Extra Expense
a. Extra Expense means reasonable and necessary expenses you incur during the "period of restoration" that you would not have incurred if there had been no direct physical loss of or damage to property caused by or resulting from a Covered Cause of Loss.
b. We will pay Extra Expense (other than the expense to repair or replace property) to:
(1) Avoid or minimize the "suspension" of business and to continue "operations" at the described premises or at replacement premises or temporary locations, including relocation expenses and costs to equip and operate the replacement premises or temporary locations; or
(2) Minimize the "suspension" of business if you cannot continue "operations." c. We will also pay Extra Expense (including Expediting Expenses) to repair or replace the property, but only to the extent it reduces the amount of loss that otherwise would have been payable under Paragraph 1. Business Income above.
3. If the Declarations show for Business Income and Extra Expense:
a. Actual loss sustained for 12 consecutive months, then we will pay for loss of Business Income and Extra Expense that occurs within 12 consecutive months following the date of direct physical loss or damage; or actual loss sustained for the number of months shown on the Declaration page; or b. Subject to a. above, if a maximum dollar limit is shown on the Declarations page, then we will pay actual loss sustained, plus loss payable under Extended Business Income, up to a maximum dollar limit, for the loss of Business Income and Extra Expense.
4. "Electronic Data Processing Equipment" and "Electronic Media and Data" a. "Electronic data processing equipment" and "electronic media and data" shall be considered covered property as referenced in this Coverage Part.
SB146802F (Ed. 10-19) Page 2 of 3
Copyright, CNA All Rights Reserved.
SB146802F
(Ed. 10-19)
b. We shall not be liable for any payment for the Extra Expense you incur, and loss of Business Income you sustain, during the first 12 hours following the start of a necessary "suspension" of your "operations" during the "period of restoration" that is caused by direct physical loss of or damage to "electronic data processing equipment" or "electronic data and media" at the described premises; or at the premises of a 3rd party vendor who is managing or controlling your "electronic data processing equipment" on your behalf, provided, however, if the Business Income And Extra Expense – 72 Hour Deductible endorsement is part of this policy, the 72 hour deductible stated in that endorsement shall apply with respect to this sub-paragraph 5.b. instead of the 12 hour deductible set forth above.
All other terms and conditions of the Policy remain unchanged.
SB146802F (Ed. 10-19) Page 3 of 3
Copyright, CNA All Rights Reserved.
10020006070384118607986
SB-146803-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SEASONAL INCREASE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
shown in the Declarations to provide for seasonal The following coverage is added to your Businessowners Special Property Coverage variations. Form:
Subject 2. This increase will apply only if the Limit of to the Exclusions, Conditions and Limitations Insurance shown for Business Personal Property of this policy, you may extend this insurance as in the Declarations is at least 100% of your indicated below. average monthly values during the lesser of:
Unless otherwise stated, payments made under the
a. The 12 months immediately preceding the following coverage will not increase the applicable date of the loss or damage occurs; or Limits of Insurance. b. The period of time you have been in business 1. The Limit of Insurance for Business Personal Property at the location where the loss or damage shown in the Declarations will occurs, on the date the loss or damage automatically increase by 25%, or the amount occurs.
SB-146803-A Page 1 of 1
(Ed. 01/06)
SB-146804-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARSON & THEFT REWARD
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners a. An arson conviction in connection with a Special Property Coverage Form under Section A.5. covered fire or explosion loss; or Additional Coverages.
b. A "theft" conviction in connection with a
Unless otherwise stated, payments made under the covered "theft" loss. following Additional Coverage is in addition to the
applicable Limits of 2. The most we will pay under this Additional Insurance.
Coverage in connection with a particular loss is
Arson and Theft Reward $5,000.
1. We will pay for reasonable expenses you incur for
rewards that lead to:
SB-146804-A Page 1 of 1
(Ed. 01/06)
10020006070384118607987
SB146805B
(Ed. 6-16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CLAIM DATA EXPENSE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage under Section A.5. Additional Coverages:
Unless otherwise stated, payments made under the following Additional Coverage is in addition to the applicable Limit of Insurance.
Claim Data Expense
1. We will pay the reasonable and necessary expenses you incur in preparing claim data when we require such data or we request you prepare income statements to show the extent of covered loss or damage. This includes the cost of taking inventories, making appraisals, preparing income statements, and preparing other documentation.
2. Under this Additional Coverage, we will not pay for:
a. Any fees, costs or expenses incurred, directed or billed by or payable to:
(1) attorneys, public adjusters, loss adjusters, loss consultants or their associates or subsidiaries; or (2) insurance brokers or agents, or their associates or subsidiaries, including related forensic accounting services, without our written consent prior to such expenses being incurred. b. Any costs incurred in connection with Paragraph E.2. Appraisal.
3. The most we will pay for preparation of claim data under this Additional Coverage in any one occurrence is $5,000 regardless of the number of premises involved.
All other terms and conditions of the Policy remain unchanged.
SB146805B (Ed. 6-16)
Copyright, CNA All Rights Reserved.
SB-146806-B
(Ed. 01/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEBRIS REMOVAL
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. Remove, restore or replace polluted land or Special Property Coverage Form under Paragraph A.5. water.
Additional Coverages. 3. Except as provided in Paragraph 4. below, Unless otherwise stated, payments made under the payment for Debris Removal is included within the following Additional Coverage is in addition to the applicable Limit of Insurance shown in the applicable Limit of Insurance. Declarations. The most we will pay under this Additional Coverage is 25% of: Debris Removal
a. The amount we pay for the direct physical 1. We will pay your expense to remove debris of loss or damage to Covered Property; plus Covered Property, other than outdoor trees, shrubs, plants and lawns as described in the b. The deductible in this Coverage Form Outdoor Trees, Shrubs, Plants and Lawns applicable to that loss or damage.
Coverage Extension, caused by or resulting from 4. When the debris removal expense exceeds the a Covered Cause of Loss that occurs during the 25% limitation in Paragraph 3. above or when the policy period. The expenses will be paid only if sum of the debris removal expense and the they are reported to us within 180 days of the date amount we pay for the direct physical loss of or of direct physical loss or damage damage to Covered Property exceeds the
2. Debris Removal does not apply to costs to: applicable Limit of Insurance, we will pay up to an additional $25,000, or the limit shown in the
a. Extract "pollutants" from land or water; or Declarations, for debris removal expense in any one occurrence, at each described premises.
SB-146806-B Page 1 of 1
(Ed. 01/08)
10020006070384118607988
SB146807F
(Ed. 10-19)
EMPLOYEE DISHONESTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A.5.
Additional Coverages:
Unless otherwise stated, payments under the following Additional Coverage are in addition to the applicable Limit of Insurance.
Employee Dishonesty
(1) We will pay for loss of or damage to Covered Property resulting directly from dishonest acts committed by any of your "employees" acting alone or in collusion with other persons (except you or your partner) with the manifest intent to:
(a) Cause you to sustain loss or damage; and also
(b) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for:
(i) Any employee; or
(ii) Any other person or organization.
We will pay for loss or damage you sustain to Covered Property through acts committed or events occurring during the Policy Period. Regardless of the number of years this insurance remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. (2) Paragraphs A.2.m., A.2.n., A.2.p., B.1.k., B.2.h., B.2.i., B.2.n. and B.2.o. do not apply, but only to the extent of the coverage provided under this Employee Dishonesty Additional Coverage. (3) We will not pay for loss resulting from the dishonest acts of any "employee" if coverage for that "employee" was either cancelled or excluded from any previous insurance of yours providing "employee dishonesty" coverage. (4) This Additional Coverage is cancelled as to any "employee immediately upon discovery by:
(a) You; or
(b) Any of your partners, "members," "managers," officers, directors or trustees not in collusion with the "employee," of any fraudulent dishonest act committed by that "employee" before or after being employed by you. (5) We will pay for covered loss or damage only if discovered no later than one year from the end of the Policy Period. (6) The most we will pay for loss under this Additional Coverage in any one "occurrence" is the limit shown on the Declarations regardless of the number of premises involved. (7) With respect to this Additional Coverage, the definition of "occurrence" is deleted and replaced by the following:
"Occurrence" means:
a. Any single act;
b. The combined total of all separate acts whether or not related; or c. A series of acts whether or not related,
committed by an "employee", acting alone or in collusion with other persons, or any group of "employees" acting together, even if in collusion with other persons, during the policy period, subject to Paragraphs (8) and (9) below. (8) If, during the period of any prior Employee Dishonesty or Employee Theft insurance, you (or any predecessor in interest) sustained loss or damage that you could have recovered under that insurance, except that the time within which to discover loss or damage has expired, we will pay for it under this Additional Coverage, subject to the following:
(a) This insurance became effective at the time of cancellation or termination of the prior insurance; and SB146807F (Ed. 10-19) Page 1 of 2
Copyright, CNA All Rights Reserved.
SB146807F
(Ed. 10-19)
(b) The loss or damage would have been covered by this insurance had it been in effect when the acts or events causing the loss or damage were committed or occurred.
(9) The insurance provide under paragraph (8) above is part of, not in addition to the Limit of Insurance described in Paragraph (6) above and is limited to the lesser of the amount recoverable under:
(a) This Additional Coverage, as of its effective date; or (b) The prior Employee Dishonesty or Employee Theft insurance, had it remained in effect. (10) We will not pay for loss or damage under this endorsement until the amount of loss or damage in any one occurrence exceeds $250. We will then pay the amount of loss or damage in excess of the $250 up to the Limit of Insurance. (11) Under PROPERTY DEFINITIONS, and only for the purpose of the coverage provided by this Employee Dishonesty Additional Coverage, the definition of "employee" is deleted and replaced by the following:
"Employee(s)" means:
a. Any natural person:
(1) While in your service (and for 30 days after termination of service); and (2) Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you. b. Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having custody of property outside the premises.
c. Any natural person, whether or not compensated, while performing services for you as a member or chairperson of any committee.
d. Your natural person director or trustee while acting as a member of any of your elected or appointed committees to perform on your behalf specific, as distinguished from general, directorial acts.
But "employee" does not mean any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character.
All other terms and conditions of the Policy remain unchanged.
SB146807F (Ed. 10-19) Page 2 of 2
Copyright, CNA All Rights Reserved.
10020006070384118607989
SB-146808-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXPEDITING EXPENSES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
replacement, at the premises sustaining loss or The following coverage is added to your Businessowners Special Property Coverage damage. Expediting expenses include overtime Form under Paragraph A.5.
Additional Coverages. wages and the extra cost of express or other rapid means of transportation. Expediting expenses do
Unless otherwise stated, payments made under the not include expenses you incur for the temporary following Additional Coverage is in addition to the rental of property or temporary replacement of applicable Limits of Insurance. damaged property.
Expediting Expenses 2. With respect to this Additional Coverages, "breakdown" to "covered equipment" will not be
1. In the event of direct physical loss of or damage to considered a Covered Cause of Loss, even if Covered Property caused by or resulting from a otherwise covered elsewhere in this Policy.
Covered Cause of Loss, we will pay for the
reasonable and necessary additional expenses 3. The most we will pay under this Additional you incur to make temporary repairs, expedite Coverage in any one occurrence is $25,000, permanent repairs, or expedite permanent regardless of the number of premises involved.
SB-146808-A Page 1 of 1
(Ed. 01/06)
SB-146809-C
(Ed. 07/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FINE ARTS
This endorsement modifies insurance provided under the following:
BUSINESS OWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners c. We will not pay for loss or damage cause by Special Property Coverage Form under Paragraph A.5. or resulting from any repairing, restoration or Additional Coverages. retouching process;
Unless d. We will not pay for loss or damage cause by otherwise stated, payments made under the or resulting from faulty packing; following Additional Coverage is in addition to the applicable Limits of Insurance. e. Paragraph B.1.b. Earth Movement; Fine Arts f. Paragraph B.1.c. Governmental Action;
1. When a Limit of g. Paragraph B.1.d. Nuclear Hazard; Insurance is shown in the Declarations for Building or Business Personal h. Paragraph B.1.f. War and Military Action; Property at any described premises, we will pay
for direct physical loss of or damage to "fine arts" i. Paragraph B.1.g. (1), (2) and (4) Water; which are owned by: j. Paragraph B.1.h. Neglect; and
a. You; or k. Paragraph B.2.g. Frozen Plumbing
b. Others and in your care, custody or control; No other exclusions in Paragraph B. Exclusions caused by or resulting from a Covered Cause of apply to this Additional Coverage. However, if any Loss, including while on exhibit, or in transit, exclusions are added by endorsement to this anywhere within the Coverage Territory. policy, such exclusions will apply to this Additional Coverage.
2. The breakage limitation under Paragraph A.4.b.(2)
does not apply to this Additional Coverage. 4. The most we pay for loss or damage under this Additional Coverage in any one occurrence is 3. The following exclusions apply to this Additional $25,000, or the amount shown in the Declarations Coverage: for "fine arts," whichever is greater. a. We will not pay for loss or damage caused by 5. This Additional Coverage does not apply to or resulting from wear and tear, any quality in property:
the property that causes it to damage or a. While in the custody of the United States destroy itself, gradual deterioration, insects, Postal Service; birds, rodents or other animals;
b. After delivery to customers. b. We will not pay for loss or damage caused by or resulting from dampness or dryness of
atmosphere, or changes in extremes of
temperature;
SB-146809-C Page 1 of 1
(Ed. 07/09)
10020006070384118607990
SB-146810-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIRE DEPARTMENT SERVICE CHARGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners When the fire department is called to save or protect Special Property Coverage Form under Paragraph A.5. Covered Property from a Covered Cause of loss, we Additional Coverages. will pay up to $25,000 for your liability for fire department service charges: Unless otherwise stated, payments made under this following Additional Coverage is in addition to the 1. Assumed by contract or agreement prior to loss; applicable Limit of Insurance. or
2. Required by local ordinance.
SB-146810-A Page 1 of 1
(Ed. 01/06)
SB-146811-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIRE PROTECTIVE EQUIPMENT DISCHARGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners a. Refill or recharge the system with the Special Property Coverage Form under Paragraph A.5. extinguishing agents that were discharged; Additional Coverages. and
Unless otherwise stated, payments made under the b. Replace or repair faulty valves or controls following Additional Coverage is in addition to the which caused the discharge.
Applicable Limits of Insurance. 2. The most we will pay under this Additional
1. If fire protective equipment discharges Coverage in any one occurrence is $10,000, accidentally or to control a Covered Cause of regardless of the number of premises involved.
Loss, we will pay your cost to:
SB-146811-A Page 1 of 1
(Ed. 01/06)
10020006070384118607991
SB146812D
(Ed. 10-19)
FORGERY AND ALTERATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A.5.
Additional Coverages.
Unless otherwise stated, payment made under the following Additional Coverage is in addition to the applicable Limits of Insurance.
Forgery and Alteration
(1) We will pay for loss resulting directly from "forgery" or alteration of, any check, draft, promissory note, bill of exchange, or similar written promise of payment in "money" that you or your agent has issued, or that was issued by someone who impersonates you or your agent
(2) If you are sued for refusing to pay the check, draft, promissory note, bill of exchange or similar written promise of payment in "money," on the basis that it has been forged or altered, and you have our written consent to defend against the suit, we will pay any reasonable legal expenses that you incur in that defense. (3) For the purposes of this coverage, check includes a substitute check as defined in the Check Clearing for the 21st Century Act, and will be treated the same as the original if replaced. (4) We will consider signatures that are produced or reproduced electronically, mechanically or by facsimile the same as handwritten signatures.
(5) We will pay for loss that you sustain through acts committed or events occurring during the Policy Period. Regardless of the number of years this insurance remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period.
(6) We will pay for covered loss discovered no later than one year from the end of the Policy Period. (7) The most we will pay for loss under this Additional Coverage in any one "occurrence" is the limit shown on the Declarations regardless of the number of premises involved. (8) Solely with respect to this Additional Coverage, the definition of "occurrence" is deleted and replaced by the following:
"Occurrence" means:
a. any single act;
b. the combined total of all separate acts whether or not related; or c. a series of acts whether or not related,
committed by any one person acting alone or in collusion with others, or in which such a person is implicated, involving one or more instruments, during the policy period, before this policy period, or both, subject to Paragraphs (5) and (9) (9) If, during the period of any prior Forgery or Alteration insurance, you (or any predecessor in interest) sustained loss or damage that you could have recovered under that insurance, except that the time within which to discover loss or damage has expired, we will pay for it under this Additional Coverage provided:
(a) This insurance became effective at the time of cancellation or termination of the prior insurance; and (b) The loss would have been covered by this insurance had it been in effect when the acts or events causing the loss were committed or occurred.
(10) The insurance provided under Paragraph (9). above is part of, and not in addition to the limit described in Paragraph (7) above and is limited to the lesser of the amount recoverable under:
(a) This Additional Coverage up to the applicable Limit of Insurance under this Policy, as of its effective date; or (b) The prior Forgery or Alteration insurance, had it remained in effect.
SB146812D (Ed. 10-19) Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SB146812D
(Ed. 10-19)
(11) The following definition is added:
"Forgery" means the signing of the name of another person or organization with intent to deceive; it does not mean a signature which consists in whole or in part of one's own name signed with or without authority, in any capacity for any purpose.
(12) Paragraphs B.2.i., and B.2.n. do not apply to this Additional Coverage but only to the extent of the coverage provided under this Forgery and Alteration Additional Coverage.
All other terms and conditions of the Policy remain unchanged.
SB146812D (Ed. 10-19) Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 10020006070384118607992
SB-146813-B
(Ed. 01/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NEWLY ACQUIRED OR CONSTRUCTED PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners 2. Business Personal Property Special Property Coverage Form under Paragraph A.5.
a. When a Limit of Insurance is shown in the Additional Coverages. Declarations for Business Personal Property at Unless otherwise stated, payments made under the any described premises, we will pay for direct following Additional Coverage is in addition to the physical loss of or damage to the following applicable Limits of Insurance. property caused by or resulting from a Covered Cause of Loss: Newly Acquired or Constructed Property
(1) Business Personal Property, including such 1. Buildings property that you newly acquire, at a building a. We will pay for direct physical loss of or damage you acquire by purchase or lease at any to the following property caused by or resulting premises, including those premises shown in from a Covered Cause of Loss: the Declarations; and
(1) Your: (2) Business Personal Property that you newly acquire at a described premises.
(a) New buildings while being built on a
premises shown in the Declarations; b. The most we will pay for loss of or damage to Business Personal Property under this Additional
(b) New buildings while being built on newly Coverage in any once occurrence is $250,000 at acquired premises; and each premises.
(i) intended for similar use as a building 3. Period of Coverage described in the Declarations; or
a. With respect to insurance under this Additional
(ii) used as a warehouse Coverage, coverage will end when any of the following first occurs: (c) Materials, equipment, supplies and temporary structures used in connection (1) This policy expires; with such buildings while they are being
built; or (2) 180 days expire after you acquire the property or begin to construct the property;
(2) Buildings you acquire by purchase or lease at
any premises, including those premises (3) You report values to us; or shown in the Declarations. (4) The property is more specifically insured. b. The most we will pay for loss of or damage to b. We will charge you additional premium for values newly constructed buildings or newly acquired reported to us from the date construction begins or buildings under this Additional Coverage in any you acquire the property. one occurrence is $1,000,000 at each premises.
SB-146813-B Page 1 of 1
(Ed. 01/08)
SB-146814-B
(Ed. 03/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ORDINANCE OR LAW
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners (1) You were required to comply with before Special Property Coverage Form under Section A.5. the loss, even if the building was Additional Coverages. undamaged; and
Unless otherwise stated, payments made under the (2) You failed to comply with; or following Additional Coverage is in addition to the b. Costs associated with the enforcement of any applicable Limits of Insurance. ordinance or law that requires any insured or
1. In the event of damage by a Covered Cause of other to test for, monitor, clean up, remove, Loss to a building that is Covered Property, we will contain, treat, detoxify or neutralize, or in any pay for: way respond to, or assess the effects of
"pollutants."
a. Loss in value of the undamaged portion of the
building as a consequence of enforcement of 4. Paragraph B.1.a. does not apply to this Additional the minimum requirements of any ordinance Coverage.
or law that requires the demolition of 5. Subject to the limit described in Paragraph 6. undamaged parts of the same building; below:
b. Demolition cost, meaning the cost to demolish
a. The insurance provided under this Additional and clear the site of undamaged parts of the Coverage for loss in value to the undamaged same building as a consequence of portion of the building is limited as follows: enforcement of the minimum requirements of any ordinance or law that required demolition (1) If Replacement Cost Coverage applies of such undamaged property; and and the building is repaired or replaced on the same or another premises, we will c. The increased cost of construction, meaning not pay more than the lesser of: the increased cost to repair, rebuild or reconstruct the property as a consequence of (a) The amount you actually spend to enforcement of the minimum requirements of repair, rebuild or reconstruct the any ordinance or law. This increased cost of undamaged portion of the building; or construction coverage applies only if:
(b) The amount it would cost to restore
(1) The building is insured for replacement the undamaged portion of the cost; building on the same premises and to
the same height, floor area, style and (2) The building is repaired, rebuilt or comparable quality of the original reconstructed; and undamaged portion of the building; or (3) The repaired, rebuilt or reconstructed (2) If Replacement Cost Coverage applies building is intended for similar occupancy and the building is not repaired or as the current building, unless otherwise replaced, or if Replacement Cost required by zoning or land use ordinance Coverage does not apply, we will not pay or law. more than the actual cash value of the
2. The ordinance or law referred to in this Additional undamaged portion of the building at the Coverage is an ordinance or law that: time of loss.
a. Regulates the demolition, construction or b. We will not pay more for demolition costs than repair of buildings, or establishes zoning or the amount you actually spend to demolish land use requirements at the described and clear the site of the described premises. premises; and
c. The insurance provided under this Additional
b. Is in force at the time of the loss. Coverage for increased cost of construction is limited as follows: 3. We will not pay under this Additional Coverage for:
(1) If the building is repaired or replaced at
a. Loss due to any ordinance or law that: the same premises, or if you elect to SB-146814-B Page 1 of 2
(Ed. 03/06) (Version 1.0)
10020006070384118607993
SB-146814-B
(Ed. 03/06)
rebuild at another premises, the most we a. Paragraph 1.a. above in any one occurrence will pay is the increased cost of is the Building Limit at each described construction at the same premises; or premises shown in the Declarations, if this coverage has been selected and is indicated (2) If the ordinance or law requires relocation on the Declarations. to another premises, the most we will pay is the increased cost of construction at b. Paragraph 1.b. and 1.c. above in any one the new premises. occurrence is $25,000 or the limit shown in the Declarations, whichever is greater at each 6. The most we will pay for loss under this Additional described premises. Coverage for the total of all coverages described in:
SB-146814-B Page 2 of 2
(Ed. 03/06) (Version 1.0)
SB-146815-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OUTDOOR TREES, SHRUBS, PLANTS AND LAWNS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
of trees, shrubs or plants) and lawns located at the The following coverage is added to your Businessowners Special Property Coverage described premises caused by or resulting from a Form under Section A.5.
Additional Coverages. Covered Cause of Loss.
Unless 2. The most we will pay for loss or damage under otherwise stated, payments made under the this Additional Coverage in any one occurrence is following Additional Coverage is in addition to the $3,000 at each described premises. applicable Limits of Insurance.
Outdoor Trees, Shrubs, Plants 3. Debris removal, because of covered loss or and Lawns damage to outdoor trees, shrubs, plants and
1. We will pay for direct physical loss of or damage lawns, is included within the limits described in to outdoor trees, shrubs, plants (other than "stock" Paragraph 2. above.
SB-146815-A Page 1 of 1
(Ed. 01/06)
10020006070384118607994
SB-146816-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLLUTANT CLEAN UP AND REMOVAL
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners c. During the policy period.
Property Coverage Form under Paragraph A.5. Additional 2. The expenses will be paid only if they are reported Coverages. to us in writing within 180 days of the date on Unless otherwise stated, payments made under the which the "specified cause of loss" occurs. following Additional Coverage is in addition to the 3. This Additional Coverage does not apply to costs applicable Limits of Insurance. to test for, monitor or assess the existence, Pollutant Clean Up and Removal concentration or effects of "pollutants." But we will pay for testing which is performed in the course of 1. We will pay your necessary and reasonable extracting the "pollutants" from the land or water. expense to extract "pollutants" from land or water
at the described premises if the discharge, 4. The most we will pay under this Additional dispersal, seepage, migration, release or escape Coverage is $25,000 for the sum of all covered of the "pollutants" is caused by or results from expenses arising out of all Covered Causes of "specified causes of loss" that occurs: Loss occurring during each separate 12 month period of this policy beginning with the effective
a. On the described premises; date of this policy. This amount applies regardless b. To Covered Property; and of the number of premises involved.
SB-146816-A Page 1 of 1
(Ed. 01/06)
SB-146817-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRESERVATION OF PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners 2. Coverage under this Additional Coverage will end Special Property Coverage Form under Paragraph A.5. when any of the following first occurs:
Additional Coverages.
a. When the policy is amended to provide
Unless otherwise stated, payments made under the insurance at the new location; following Additional Coverage is in addition to the b. The property is returned to the original applicable Limits of Insurance. described premises; Preservation of Property
c. 90 days expire after the property is first
1. If it is necessary to move Covered Property from moved; or the described premises to preserve it from loss or d. This policy expires. damage by a Covered Cause of Loss, we will pay for: 3. Payments under this Additional Coverage are
subject to and not in addition to the applicable a. Any direct physical loss or damage to this Limit of Insurance. property:
(1) While it is being moved; or
(2) Temporarily stored at another location
only if the loss or damage occurs within
90 days after the property is first moved;
and
b. The costs incurred to:
(1) Remove such property from the described
premises; and
(2) Return such property to the described
premises.
SB-146817-A Page 1 of 1
(Ed. 01/06)
10020006070384118607995
SB-146818-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEMPORARY RELOCATION OF PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
premises is being renovated or remodeled, we will The following coverage is added to your Businessowners Special Property Coverage pay for loss or damage to that stored property: Form under Paragraph A.5.
Additional Coverages. a. Caused by or resulting from a Covered Cause Unless of Loss; otherwise stated, payments made under the following Additional Coverage is in addition to the b. Up to $50,000 at each temporary location; applicable Limits of Insurance. and
Temporary Relocation of Property c. During the storage period of up to 90 consecutive days but not beyond expiration of 1. If Covered Property is removed from the described this policy. premises and stored temporarily at a location you own, lease or operate while the described 2. This Additional Coverage does not apply if the stored property is more specifically insured.
SB-146818-A Page 1 of 1
(Ed. 01/06)
SB-146819-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WATER DAMAGE, OTHER LIQUIDS, SOLDER OR MOLTEN MATERIAL DAMAGE This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
system or appliance from which the water or other The following coverage is added to your Businessowners Special Property Coverage substance escapes. Form under Paragraph A.5.
Additional Coverages. 2. We will not pay the cost to repair any defect to a Unless system or appliance from which the water, other otherwise stated, payments made under the liquid, solder or molten material escapes. But we following Additional Coverage is in addition to the will pay the cost to repair or replace damaged applicable Limits of Insurance. parts of fire extinguishing equipment if the
Water Damage, Other Liquids, Solder or Molten damage:
Material Damage
a. Results in discharge of any substance from
1. If loss or damage caused by or resulting from an automatic fire protection system; or covered water or other liquid, solder or molten
material b. Is directly caused by freezing. damage loss occurs, we will also pay the cost to tear out and replace any part of the 3. Payments made under this Additional Coverage building or structure to repair damage to the are subject to and not in addition to the applicable Limit of Insurance.
SB-146819-A Page 1 of 1
(Ed. 01/06)
10020006070384118607996
SB-146820-C
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACCOUNTS RECEIVABLE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. We will not pay for loss that requires an audit Special Property Coverage Form under Paragraph A.6. of records or any inventory computation to Coverage Extensions. prove its factual existence;
Unless otherwise stated, payments made under the c. We will not pay for loss caused by or resulting following Coverage Extension is subject to and not in from alteration, falsification, concealment or addition to the applicable Limits of Insurance. destruction of records of accounts receivable done to conceal the wrongful giving, taking or Accounts Receivable withholding of money, securities or other
1. When a Limit of Insurance is shown in the property. But this exclusion applies only to the Declarations for Building or Business Personal extent of wrongful giving, taking or Property at withholding; the described premises, you may extend that insurance to apply to loss, as d. Paragraph B.1.b. Earth Movement; described in Paragraph 2. below, due to direct physical loss of or damage to your records of e. Paragraph B.1.c. Governmental Action; accounts receivable (including those on electronic f. Paragraph B.1.d. Nuclear Hazard; data processing media) caused by or resulting from a Covered Cause of Loss. Credit card g. Paragraph B.1.f. War and Military Action; company media will be considered accounts
h. Paragraph B.1.g. (1), (2), and (4) Water; receivable until delivered to the credit card company. i. Paragraph B.1.h. Neglect; and
2. We will pay for: j. Paragraph B.2.i. False Pretense; a. All amounts due from your customers that you No other exclusions in Paragraph B. Exclusions were unable to collect; apply to this Coverage Extension. However, if any exclusions are added by endorsement to this b. Interest charges on any loan required to offset Policy, such exclusions will apply to this Coverage amounts you are unable to collect pending our Extension. payment of these amounts;
4. The most we will pay under this Coverage c. Collection expenses in excess of your normal Extension for loss of or damage to records of collection expenses that are made necessary accounts receivable in any one occurrence while by the loss or damage; and in transit or at a premises other than the described
d. Other reasonable expenses that you incur to premises is $25,000. re-establish your records of accounts
5. The most we will pay under this Coverage receivable.
Extension for loss of or damage to records of
3. The following exclusions apply to this Coverage accounts receivable in any one occurrence at Extension: each described premises is $25,000 or the
amount shown in the Declarations for Accounts a. We will not pay for loss caused by or resulting Receivable, whichever is greater. from bookkeeping, accounting or billing errors or omissions; 6. Payments made under this Coverage Extension are in addition to the applicable Limits of
Insurance.
SB-146820-C Page 1 of 1
(Ed. 06/11)
SB-146821-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
APPURTENANT BUILDINGS AND STRUCTURES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
described premises, caused by or resulting from a The following coverage is added to your Businessowners Special Property Coverage Covered Cause of Loss. Form under Paragraph A.6.
Coverage Extensions. 3. Incidental appurtenant buildings or structures include:
Unless otherwise stated, payments made under the a. Storage buildings; following Coverage Extension is subject to and not in
addition b. Carports; to the applicable Limits of Insurance.
Appurtenant Buildings and Structures c. Garages;
1. When a Limit of d. Pump houses; or Insurance is shown in the Declarations for Building at the described premises, e. Above ground tanks; you may extend that insurance to apply to direct
physical loss of or damage to incidental appurtenant Which have not been specifically described in the buildings or structures, within 1,000 feet of that Declarations. described premises, caused by or resulting from a
4. The most we will pay for loss or damage under this Covered Cause of Loss. Coverage Extension in any one occurrence for any
2. When a Limit of Insurance is shown in the combination of loss of or damage to Building and Declarations for Business Personal Property at the Business Personal Property is $50,000, regardless of described premises, you may extend that insurance to the number of described premises involved. apply to direct physical loss of or damage to Business 5. Payments made under this Coverage Extension are in Personal Property within incidental appurtenant addition to the applicable Limits of Insurance. buildings or structures within 1,000 feet of that SB-146821-A Page 1 of 1
(Ed. 01/06)
10020006070384118607997
SB-146822-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUILDING GLASS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
breakage and damage to glass by chemicals The following coverage is added to your Businessowners Special Property Coverage accidentally or maliciously applied to glass. If a Form under Paragraph A.6.
Coverage Extensions. specific deductible has been selected for building glass as shown on the Declarations we will apply
Unless otherwise stated, payments made under the that deductible to any covered loss. If no following Coverage Extension is subject to and not in deductible is selected for building glass, the policy addition to the applicable Limits of Insurance. deductible will be applied to covered building glass losses. Building Glass
3. We will also pay for necessary expenses in 1. If: connection with loss or damage covered in a. You are the building owner; and Paragraphs 1. or 2. above, incurred by you to:
b. A Limit of Insurance is shown in the a. Put up temporary plates or board up Declarations for Building at the described openings;
premises; b. Repair or replace encasing frames; and
you may extend that insurance to apply to direct
c. Remove or replace obstructions. physical loss of or damage to all exterior and interior building glass caused by or resulting from 4. The following exclusions apply to this Coverage a Covered Cause of Loss, including glass Extension:
breakage and damage to glass by chemicals
a. We will not pay for loss or damage caused by accidentally or maliciously applied to glass. If a or resulting from: specific deductible has been selected for building glass as shown on the Declarations we will apply (1) Wear and tear; that deductible to any covered loss. If no
deductible (2) Hidden or latent defect; is selected for building glass, the policy deductible will be applied to covered building (3) Corrosion; or glass losses. (4) Rust; 2. If:
b. Paragraph B.1.b. Earth Movement;
a. You are a tenant;
c. Paragraph B.1.c. Governmental Action; b. A Limit of Insurance shown in the Declarations for Building or Business d. Paragraph B.1.d. Nuclear Hazard; Personal Property at the described premises;
e. Paragraph B.1.f. War and Military Action; and and
f. Paragraph B.1.g. Water. c. You are contractually obligated to repair or replace building glass at the described No other exclusions in Paragraph B. Exclusions premises; apply to this Coverage Extension. However, if any exclusions are added by endorsement to this you may extend that insurance to apply to direct Policy, such exclusions will apply to this Coverage physical loss of or damage to all exterior and Extension. interior building glass caused by or resulting from a Covered Cause of Loss, including glass
SB-146822-A Page 1 of 1
(Ed. 01/06)
SB146823C
(Ed. 10-19)
BUSINESS INCOME AND EXTRA EXPENSE – DEPENDENT PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A.6.
Coverage Extensions.
Unless otherwise stated, payments made under the following Coverage Extension is subject to and not in addition to the applicable Limits of Insurance.
Business Income and Extra Expense – Dependent Property
(1) When the Declarations show that you have coverage for Business Income and Extra Expense, you may extend that insurance to apply to the actual loss of Business Income you sustain and reasonable and necessary Extra Expense you incur due to the "suspension" of your "operations" during the "period of restoration." The "suspension" must be caused by direct physical loss or damage at the premises of a "Dependent Property", caused by or resulting from a Covered Cause of Loss.
(2) With respect to this Coverage Extension, the "period of restoration":
(a) Begins 24 hours after the time of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the "Dependent Property";
(b) Ends on the date when the "Dependent Property" should be repaired, rebuilt or replaced with reasonable speed and similar quality; and
(c) Does not include any increased period required due to the enforcement of any ordinance or law that:
(i) Regulates the construction, use or repair, or requires the tearing down of any property; or (ii) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants." (3) This Coverage Extension:
(a) Applies to "Dependent Property" located within the Coverage Territory; and (b) Does not apply when you have more specific insurance under any other policy. (4) We will reduce the amount of your Business Income loss, other than Extra Expense, to the extent you can resume "operations" in whole or in part, by using any other available:
(a) Source of materials; or
(b) Outlet for your products.
(5) The most we will pay for Business Income and Extra Expense under this Coverage Extension is $10,000, or the limit shown in the Declarations, whichever is higher, regardless of the number of described premises or number of "Dependent Properties" involved.
(6) Payments made under this Coverage Extension are in addition to the applicable Limits of Insurance. (7) The following definitions are added to SECTION G. PROPERTY DEFINITIONS:
• "Dependent Property" means any premises:
a. of a direct: supplier, contract manufacturer or contract service provider to you or to others for your account (Contributing Locations);
b. of a business-to-business entity that directly accepts your products or services (Recipient Locations); c. that directly manufactures products for delivery to your customers under contract of sale (Manufacturing Locations); or
d. within 2 miles of your premises that attract customers to your business (Leader Locations).
SB146823C (Ed. 10-19) Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 10020006070384118607998
SB146823C
(Ed. 10-19)
e. of any company under written: royalty, licensing fee or commission agreements with you.
The "dependent property" includes the area associated with that address in which the occupant of the above premises is legally entitled to conduct business activities and includes the area extending 1,000 feet beyond that address.
"Dependent property" does not include premises:
(1) of "external service providers";
(2) with utility service provider's (such as "power supply providers", "water supply providers", or "communication supply providers") transmission and distribution property, including ; (3) owned, leased, operated or occupied by you, your "employees", "managers", "members", "messengers", trustees or authorized representatives;
(4) occupied by individuals as a residence, home or place of dwelling; or • "External service provider" means a premises that is operated by others on whom you depend, pursuant to a written service contract, to provide:
a. internet services; or
b. data management, network management, software management and cloud computing and storage services. "External service provider does not include:
(1) "dependent property";
(2) any utility service provider's transmission and distribution property; (3) premises owned, leased, operated or occupied by you, your "employees", "managers", "members", "messengers", trustees or authorized representatives;
(4) premises within any country in which the United States government has imposed sanctions, embargoes or similar prohibitions.
SB146823C (Ed. 10-19) Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SB-146825-C
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS PERSONAL PROPERTY OFF PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners 2. This Coverage Extension does not apply to Special Property Coverage Form under Paragraph A.6. property:
Coverage Extensions.
a. While in the custody of the United States
Unless otherwise stated, payments made under the Postal Service; following Coverage Extension is subject to and not in b. Rented or leased to others; addition to the applicable Limits of Insurance. c. After delivery to customers; Business Personal Property Off Premises d. Temporarily at a premises for more than 60 1. When a Limit of Insurance is shown in the consecutive days, except "money" and Declarations for Business Personal Property at the "securities" at a "banking premises"; described premises, you may extend that insurance to apply to direct physical loss of or e. Otherwise covered under the Fine Arts damage to such property caused by or resulting Additional Coverage; or from a Covered Cause of Loss while:
f. Otherwise covered under the following
a. In the course of transit, more than 1,000 feet Coverage Extensions:
from the described premises;
(1) Accounts Receivable;
b. Temporarily away from the described
(2) Electronic Data Processing; premises and:
(3) Personal Effects; or (1) At a premises you do not own, lease or operate; or (4) Valuable Papers and Records.
(2) At any fair, trade show or exhibition at a
premises you do not own or regularly
occupy.
SB-146825-C Page 1 of 1
(Ed. 06/11)
10020006070384118607999
SB146826C
(Ed. 10-19)
CIVIL AUTHORITY
This endorsement modifies insurance provided under the following:
BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A.6.
Coverage Extensions.
Unless otherwise stated, payments made under the following Coverage Extension is subject to and not in addition to the applicable Limits of Insurance.
Civil Authority
(1) When the Declarations show that you have coverage for Business Income and Extra Expense, you may extend that insurance to apply to the actual loss of Business Income you sustain and reasonable and necessary Extra Expense you incur caused by action of civil authority that prohibits access to the described premises. The civil authority action must be due to direct physical loss of or damage to property located away from a described premises. The lost or damaged property must be within five miles of that described premises which sustains the business income or extra expense loss and the loss or damage must be caused by or resulting from a Covered Cause of Loss. (2) The coverage for Business Income will begin 24 hours after the time of that action and will apply for a period of up to four consecutive weeks after coverage begins.
(3) The coverage for Extra Expense will begin immediately after the time of that action and will end when your Business Income coverages ends for this Coverage Extension.
SB146826C (Ed. 10-19) Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
SB-146827-F
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELECTRONIC DATA PROCESSING EQUIPMENT AND ELECTRONIC
MEDIA AND DATA
(EDP COVERAGE FORM)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your 5. The following additional exclusions apply:
Businessowners Special Property Coverage Form
under Paragraph A.6. Coverage Extension: With respect to this Coverage Extension, we will not pay for loss or damage caused directly or
Electronic Data Processing indirectly by any of the following. Such loss or damage is excluded regardless of any other cause
1. When a Limit of Insurance is shown in the or event that contributes concurrently or in any Declarations for Electronic Data Processing at the sequence to the loss:
described premises, that insurance applies to:
a. Programming errors or omissions, or incorrect
a. Direct physical loss of or damage to your instructions to a machine, including without "electronic data processing equipment" limitation, incorrect instructions to "electronic caused by or resulting from a Covered Cause data processing equipment" from a user of Loss; and incorrectly operating with, or committing an error using an input device (including, without b. Direct physical loss of or damage to your limitation, a keyboard, mouse or touchpad) "electronic media and data" caused by or and corrupting, distorting, deleting, damaging resulting from a Covered Cause of Loss. or destroying "electronic data"; provided, however, that this exclusion shall not apply to 2. Worldwide coverage is provided under this an otherwise covered mechanical breakdown Coverage Extension. The coverage territory as of "electronic data processing equipment" described in Paragraph F.8.b does not apply to under the Insuring Agreement set forth in this Coverage Extension. Paragraph 1.a. of this Coverage Extension.
3. This Coverage Extension does not apply to: b. Unauthorized viewing, copying or use of "Electronic Media and Data" or "Electronic a. "Stock"; or Data" (or any proprietary or confidential
b. Property that is leased or rented to others. information or intellectual property) by any person, even if such activity is characterized
4. The following exclusions as described in Section as "theft." B., Exclusions, of the Businessowners Special
c. Errors or deficiency in design, installation, Property Coverage Form do not apply to the maintenance, repair or modification of your Insuring Agreement set forth in Paragraph 1.a. or "electronic data processing equipment," 1.b. of this Coverage Extension: "electronic media and data" or "electronic a. Paragraph 1.e.; and data" or any "electronic data processing equipment," electronic devices, computer
b. Paragraph 1.g.(3); and system or network to which your "electronic data processing equipment" "electronic media
c. Paragraph 2.a. and data" or "electronic data" is connected or dependent; provided, however, that this
The following exclusion as described in Section exclusion shall not apply to an otherwise B., Exclusions, of the Businessowners Special covered mechanical breakdown of "electronic Property Coverage Form does not apply to the data processing equipment" under the Insuring Agreement set forth in Paragraph 1.a. of Insuring Agreement set forth in Paragraph 1.a. this Coverage Extension: Paragraph 2.d.(6). of this Coverage Extension.
SB-146827-F Page 1 of 2
(Ed. 06/11)
10020006070384118608000
SB-146827-F
(Ed. 06/11)
d. Unexplained or indeterminable failure, equipment" or "electronic media and data," malfunction or slowdown of a "electronic data coverage will end on the date and time that any of processing equipment" "electronic media and the following first occurs:
data" or "electronic data."
a. This policy expires;
6. The most we will pay under this Coverage
Extension for all direct physical loss of or damage b. 180 days after you acquire the "electronic to "electronic data processing equipment" and data processing equipment" or "electronic media and data"; or "electronic media and data" (combined) in any one occurrence while in transit or at a premises other
c. You report values to us. than the described premises is $25,000, or the limit shown in the Declarations. 9. The most we will pay under this Coverage Extension for all direct physical loss of or damage 7. The most we will pay under this Coverage to "electronic data processing equipment" and Extension for loss of or damage to "Electronic Media "electronic media and data" (combined) at the and Data" while stored at a separate described premises in any one occurrence is the premises from where your original "Electronic Media Limit of Insurance shown in the Declarations or and Data" are kept, in any one occurrence, $50,000, whichever is greater. is $25,000.
10. A separate Blanket Limit of Insurance applies to 8. The most we will pay under this Coverage "electronic data processing equipment" and Extension for all direct physical loss or damage to "electronic media and data" at all scheduled "electronic data processing equipment" and premises, if indicated in the declarations as "electronic media and data" (combined) you Blanket Electronic Data Processing acquire after the inception date of the policy in any one occurrence is $25,000. 11. Payments made under this Coverage Extension are in addition to the applicable Limits of Provided, however, with respect to insurance Insurance. coverage under this Coverage Extension on any such newly acquired "electronic data processing
SB-146827-F Page 2 of 2
(Ed. 06/11)
SB-146830-B
(Ed. 01/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MONEY ORDERS AND COUNTERFEIT PAPER CURRENCY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners 1. Any U.S. or Canadian post office or express Special Property Coverage Form under Paragraph A.6. money order, issued or claiming to have been Coverage Extensions: issued by any post office or express company, if the money order is not paid upon presentation; or
Unless otherwise stated, payments made under this
Coverage Extension are subject to and not in addition to 2. Counterfeit United States or Canadian paper the applicable Limits of Insurance. currency.
When a Limit of Insurance is shown in the in exchange for merchandise, "money" or services or Declarations for Business Personal Property at the as part of a normal business transaction. described premises, you may extend that insurance to
apply to loss due to the good faith acceptance of:
SB-146830-B Page 1 of 1
(Ed. 01/08)
10020006070384118608001
SB-146831-B
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NON-OWNED DETACHED TRAILERS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners 2. We will not pay for any loss or damage that Special Property Coverage Form under Paragraph A.6. occurs:
Coverage Extensions.
a. While the trailer is attached to any motor
Unless otherwise stated, payments made under the vehicle or motorized conveyance, whether or following Coverage Extension is subject to and not in not the motor vehicle or motorized addition to the applicable Limits of Insurance. conveyance is in motion;
1. When a Limit of Insurance is shown in the b. During hitching or unhitching operations, or Declarations for Building or Business Personal when a trailer becomes accidentally unhitched Property at the described premises you may from a motor vehicle or motorized extend the insurance that applies to your Business conveyance.
Personal Property to apply to loss or damage to 3. The most we will pay for loss or damage under trailers or semi-trailers that you do not own, this Coverage Extension in any one occurrence is provided that: $5,000 regardless of the number of described a. The trailer is used in your business; premises, trailers or semi-trailers involved. b. The trailer is in your care, custody or control 4. This insurance is excess over the amount due at the premises described in the Declarations; (whether you can collect on it or not) from any and other insurance covering such property.
c. You have a contractual responsibility to pay
for loss or damage to the trailer.
SB-146831-B Page 1 of 1
(Ed. 06/11)
SB-146832-B
(Ed. 01/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ORDINANCE OR LAW – INCREASED PERIOD OF RESTORATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM
The following coverage is added to your Businessowners 2. This Coverage Extension applies only to the Special Property Coverage Form under Paragraph A.6. period that would be required, with reasonable Coverage Extensions. speed, to reconstruct, repair or replace the property to comply with the minimum requirements Unless otherwise stated, payments made under the of the ordinance or law. following Coverage Extension is subject to and not in addition to the applicable Limits of Insurance. 3. This Coverage Extension does not apply to:
Ordinance or Law – Increased Period of Restoration a. Loss due to an ordinance or law that:
1. When: (1) You were required to comply with before
the loss, even if the property was
a. A Covered Cause of Loss occurs to property undamaged; and at the described premises; and (2) You failed to comply with; or b. The Declarations shown that you have coverage for Business Income and Extra b. Costs associated with the enforcement of any Expense; ordinance or law that requires any insured or
others to test for, monitor, clean up, remove,
you may extend that insurance to apply to the contain, treat, detoxify or neutralize, or in any amount of actual loss of Business Income you way respond to or assess the effects of sustain and reasonable and necessary Extra "pollutants." Expense you incur during the increased period of "suspension" of "operations" caused by or 4. Paragraph B.1.a., does not apply to this Coverage resulting from the enforcement of any ordinance or Extension. law that: 5. The most we will pay for loss under this Coverage (1) Regulates the construction, repair or Extension in any one occurrence is $25,000 at replacement of any property; each described premises.
(2) Requires the tearing down or replacement 6. Payments made under this Coverage Extension of any parts of property not damaged by a are in addition to the applicable Limits of Covered Cause of Loss; and Insurance.
(3) Is in force at the time of loss.
SB-146832-B Page 1 of 1
(Ed. 01/08)
10020006070384118608002
SB-146833-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OUTDOOR PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
loss of or damage to the following types of outdoor The following coverage is added to your Businessowners Special Property Coverage property at that described premises caused by or Form under Paragraph A.6.
Coverage Extensions. resulting from a Covered Cause of Loss:
Unless a. Radio or television antennas (including otherwise stated, payments made under the microwave or satellite dishes) and their lead following Coverage Extension is subject to and not in in wiring, masts or towers; or addition to the applicable Limits of Insurance.
Outdoor Property b. Bridges, walks, roadways, patios and other paved surfaces.
1. When a Limit of Insurance is shown in the
Declarations 2. The most we will pay for loss or damage under for Building or Business Personal Property this Coverage Extension in any one occurrence is at the described premises, you may $10,000 at each described premises. extend that insurance to apply to direct physical SB-146833-A Page 1 of 1
(Ed. 01/06)
SB-146834-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PERSONAL EFFECTS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. Your officers, partners, "members", Special Property Coverage Form under Paragraph A.6. "managers", "employees", directors or Coverage Extensions. trustees;
Unless otherwise stated, payments made under the caused by or resulting from a Covered Cause of following Coverage Extension is subject to and not in Loss. addition to the applicable Limits of Insurance. 2. Such property must be located at a described Personal Effects premises.
1. When a Limit of Insurance is shown in the 3. The most we will pay for loss or damage under Declarations for Building or Business Personal this Coverage Extension in any one occurrence is Property at the described premises, you may $25,000 at each described premises. extend that insurance to apply to direct physical 4. Payments under this Coverage Extension are in loss of or damage to personal effects owned by: addition to the applicable Limits of Insurance. a. You; or
SB-146834-A Page 1 of 1
(Ed. 01/06)
10020006070384118608003
SB-146835-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SIGNS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
Subject to the Exclusions, Conditions and Limitations of Your Building or Business Personal Property insurance is this policy, you may extend this insurance as indicated extended to cover outdoor signs attached to the building or below. on or within 1,000 feet of the described premises.
Unless otherwise stated, payments made under the
following coverage will not increase the applicable Limits of Insurance.
SB-146835-A Page 1 of 1
(Ed. 01/06)
SB-146836-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPOILAGE – CONSEQUENTIAL LOSS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
situated within the building at the described The following coverage is added to your Businessowners Special Property Coverage premises: Form under Paragraph A.6.
Coverage Extensions. a. Refrigerating;
Unless otherwise stated, payments made under the b. Cooling; following Coverage Extension is subject to and not in
addition c. Humidifying; to the applicable Limits of Insurance.
Spoilage – Consequential Loss d. Air conditioning;
1. When a Limit of e. Heating; Insurance is shown in the Declarations for Business Personal Property at the f. Generating or converting power; or described premises, you may extend that insurance to apply to consequential loss to your g. Connections, supply or transmission lines and Business Personal Property caused by a change pipes associated with the above equipment. in: 2. With respect to this Coverage Extension,
a. Temperature; or "breakdown" to "covered equipment" will not be considered a Covered Cause of Loss, even if b. Humidity; otherwise covered elsewhere in this Policy. caused by or resulting from a Covered Cause of 3. Paragraphs B.2.d.(7)(a) and B.2.d.(7)(b) do not loss to any of the following types of equipment apply to this Coverage Extension.
SB-146836-A Page 1 of 1
(Ed. 01/06)
10020006070384118608004
SB-146837-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THEFT DAMAGE TO RENTED PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. Property within such non-owned building used Special Property Coverage Form under Paragraph A.6. for maintenance or service of such non-owned Coverage Extensions. building.
Unless otherwise stated, payments made under the 2. We will not pay under this Coverage Extension for following Coverage Extension is subject to and not in loss or damage:
addition to the applicable Limits of Insurance.
a. Caused by or resulting from fire or explosion;
Theft Damage to Rented Property or
1. When a Limit of Insurance is shown in the b. To glass (other than glass building blocks) or Declarations for Business Personal Property at the to any lettering, ornamentation or burglar described premises, you may extend that alarm tape on glass. insurance to apply to direct physical loss of or 3. This Coverage Extension applies only if you are a damage to the following caused by or resulting by tenant and you are contractually obligated to "theft" or attempted "theft": insure this exposure. a. That part of a building you occupy, but do not
own, which contains Covered Property; and
SB-146837-A Page 1 of 1
(Ed. 01/06)
SB-146838-C
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VALUABLE PAPERS AND RECORDS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. Paragraph B.1.b. Earth Movement; Special Property Coverage Form under Paragraph A.6.
c. Paragraph B.1.c. Governmental Action; Coverage Extensions. d. Paragraph B.1.d. Nuclear Hazard; Unless otherwise stated, payments made under the following Coverage Extension is subject to and not in e. Paragraph B.1.f. War and Military Action; addition to the applicable Limits of Insurance.
f. Paragraph B.1.g. (1), (2) and (4) Water;
Valuable Papers and Records
g. Paragraph B.1.h. Neglect;
1. When a Limit of Insurance is shown in the
Declarations h. Paragraph B.2.g. Frozen plumbing. for Building or Business Personal Property at the described premises, you may No other exclusions in Paragraph B. Exclusions extend that insurance to apply to loss, as apply to this Coverage Extension. However, if any described in Paragraph 2. below, due to direct exclusions are added by endorsement to this physical loss of or damage to "valuable papers Coverage Form, such exclusions will apply to this and records" that: Coverage Extension.
a. You own; or 4. The most we will pay under this Coverage Extension for loss of or damage to "valuable b. Are owned by others, but in your care, papers and records" in any one occurrence while custody or control; in transit or at a premises other than the described
caused by or resulting from a Covered Cause of premises is $25,000. loss.
5. The most we will pay under this Coverage
2. This Coverage Extension includes the cost to Extension for loss of or damage to "valuable research, replace or restore the lost information on papers and records" in any one occurrence at "valuable papers and records" for which duplicates each described premises is $25,000 or the do not exist. amount shown in the Declarations for Valuable Papers and Records, whichever is greater. 3. The following exclusions apply to this Coverage Extension: 6. Payments made under this Coverage Extension are in addition to the applicable Limits of a. We will not pay for any loss or damage to Insurance. "valuable papers and records" caused by or resulting from any errors or omissions in
processing or copying. But if errors or
omissions in processing or copying results in
fire or explosion, we will pay for the resulting
loss or damage caused by that fire or
explosion.
SB-146838-C Page 1 of 1
(Ed. 06/11)
10020006070384118608005
SB-146839-F
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SEWER OR DRAIN BACK UP
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
CONCURRENT CAUSATION, EARTH MOVEMENT & WATER EXCLUSION CHANGES The following coverage is added to your Businessowners (i) "Flood," surface water, waves, tides, tidal Special Property Coverage Form: waves, overflow of any body of water, or their spray, all whether driven by wind or not; Unless otherwise stated, payments made under the following coverage will not increase the applicable Limits of (ii) Mudslide or mudflow.
Insurance. b. The most we will pay for direct physical damage is Subject to the Exclusions, Conditions and Limitations of the limit of insurance shown in the Declarations for this policy, you may extend this insurance as indicated Sewer or Drain Back Up. below. 2. With respect to otherwise covered Business Income
1. We will pay for loss or damage to covered property and Extra Expense, loss or damage to covered caused by water that backs up or overflows from a property caused by water that backs up or overflows sewer, drain, sump, or from water that overflows due from a sewer, drain, sump, or from water that to the failure of a sump pump, sump pump well, or any overflows due to the failure of a sump pump, sump other type of system designed to remove subsurface pump well, or any other type of system designed to water from the foundation area, subject to the following remove subsurface water from the foundation area, limitations: will be considered a Covered Cause of Loss. a. We will not pay for loss or damage under this 3. Exclusion B.1.g. (3) of the Businessowners Special Additional Coverage caused by the emanation of Property Coverage Form does not apply to this water from a sewer or drain, sump, sump pump, Additional Coverage. sump pump well, or any other type of system
designed to remove subsurface water from the
foundation area, that itself caused by, or is the
result of:
SB-146839-F Page 1 of 1
(Ed. 06/11)
SB146916E
(Ed. 07-20)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. The Businessowners Special Property Coverage Form is amended as follows:
1. With respect to an "open policy", the following is added to any provision which uses the term actual cash value:
a. In the event of a partial loss to a building or structure, actual cash value is calculated as b.(1) or b.(2), whichever is less:
(1) The amount it would cost to repair, rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation is based upon the condition of the property at the time of loss;
(2) The Limit of Insurance applicable to the property.
b. In the event of a partial or total loss to Covered Property other than a building or structure, actual cash value is calculated as c.(1) or c.(2), whichever is less:
(1) The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation based upon the condition of the property at the time of loss; (2) The Limit of Insurance applicable to the property.
c. An "open policy" is a policy under which the value of Covered Property is not fixed at policy inception, but is determined at the time of loss in accordance with policy provisions on valuation.
2. Paragraph E.2. Appraisal Property Loss Conditions is replaced by the following:
2. Appraisal
If we and you disagree on the value of the property or the actual cash value or the amount of loss, either may make written request for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. However, in the event of a government-declared disaster, as defined in the Government Code, appraisal may be requested by either you or us but shall not be compelled. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and actual cash value and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of actual cash value and loss and will be binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If there is an appraisal, we will still retain our right to deny the claim.
3. Paragraph E.4.e.(1)(a) of the Loss Payment – Building and Personal Property Property Loss Conditions is deleted.
4. Paragraphs E.4.e.(1)(b)(i), E.4.e.(1)(b)(ii) and E.4.e.(7) of the Loss Payment – Building and Personal Property Property Loss Conditions are deleted and replaced by the following:
(b) We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced. Prior to such repair or replacement, we will pay the actual cash value of the lost or damaged property as described in paragraph A.1. of this Endorsement. If the actual cash value does not SB146916E (07-20) Page 1 of 6
Copyright, CNA All Rights Reserved.
10020006070384118608006
SB146916E
(Ed. 07-20)
exhaust the applicable Limit of Insurance, we will then pay the difference between the actual cash value and the replacement cost, provided that the repair or replacement is completed:
(i) Within 12 months after we pay the actual cash value; or (ii) Within 36 months after we pay the actual cash value if the loss or damage relates to a state of emergency under California law;
The following provision applies to real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit:
If you, acting in good faith and with reasonable diligence, encounter a delay or delays in approval for, or reconstruction of, the residence that are beyond your control, we shall provide one or more additional extensions of six months for good cause. Circumstances beyond your control include, but are not limited to:
(i) Unavoidable construction permit delays;
(ii) The lack of necessary construction materials; or
(iii) The unavailability of contractors to do the necessary work.
Nothing in this paragraph (b) constitutes a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud.
(7) Tenants Improvements and betterments at:
(a) Replacement cost in accordance with the terms set form in paragraph (1)(b) above. (b) A proportion of your original cost if the property is not repaired or replaced. We will determine the proportionate value as follows:
(i) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and
(ii) Divide the amount determined in (i) above by the number of days from the installation of improvements to the expiration of the lease.
If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure.
(c) Nothing if others pay for repairs or replacement.
B. The Businessowners Common Policy Conditions are amended as follows:
1. Paragraphs A.2. and A.3. Cancellation are replaced by the following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least:
a. 10 days before the effective date of cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason.
SB146916E (07-20) Page 2 of 6
Copyright, CNA All Rights Reserved.
SB146916E
(Ed. 07-20)
3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following:
(1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks.
(2) Discovery of fraud or material misrepresentation by:
(a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against.
(4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against.
(5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the:
(a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or
(b) Continuation of the policy coverage would:
(i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency.
(7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy.
b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least:
(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or
(2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph
3.a.
2. The following provision is added to Paragraph A. Cancellation:
7. Residential Property
This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except we may not cancel this policy solely because:
a. Corrosive soil conditions exist on the premises; or
b. The first Named Insured has:
(1) Accepted an offer of earthquake coverage; or
(2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge.
SB146916E (07-20) Page 3 of 6
Copyright, CNA All Rights Reserved.
10020006070384118608007
SB146916E
(Ed. 07-20)
However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA.
If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter as determined by California Law, we will not cancel this Policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel:
a. When you have not paid the premium, at any time letting you know at least 10 days before the cancellation takes effect;
b. If willful or grossly negligent acts or omissions by the named insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or c. If there are physical changes in the property insured against, beyond the catastrophe damaged condition of the structures and surface landscape, which result in the property becoming uninsurable.
3. Paragraph C. Concealment, Misrepresentation Or Fraud is replaced by the following with respect to loss or damage caused by fire:
We do not provide coverage to the insured who, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning:
a. This policy;
b. The Covered Property;
c. That insured's interest in the Covered Property; or
d. A claim under this policy.
4. Paragraph C. Concealment, Misrepresentation Or Fraud is replaced by the following with respect to loss or damage caused by a Covered Cause of Loss other than fire:
This policy is void if any insured, whether before or after a loss, has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning:
a. This policy;
b. The Covered Property;
c. An insured's interest in the Covered Property; or
d. A claim under this policy.
5. The following paragraph is added and supersedes any provisions to the contrary:
M. Nonrenewal
1. Subject to the provisions of Paragraphs 2. and 3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date.
We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy.
2. Residential Property
This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit.
If this Policy provides coverage as described in the preceding paragraph, and we elect not to renew this Policy, we will mail and deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at the mailing address shown in the Policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date.
SB146916E (07-20) Page 4 of 6
Copyright, CNA All Rights Reserved.
SB146916E
(Ed. 07-20)
If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to policy expiration, as required in the paragraph above, this Policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the named insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal.
We may elect not to renew such coverage for any reason, except that we will not refuse to renew such coverage solely because:
a. The first Named Insured has accepted an offer of earthquake coverage.
However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies:
(1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or
(3) We have:
(a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or
(b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and
the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position.
b. The first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. c. Corrosive soil conditions exist on the premises.
If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter as determined by California Law, we will not nonrenew this Policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred.
However, we may nonrenew:
a. If willful or grossly negligent acts or omissions by the named insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or b. If losses unrelated to the post-disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or c. If there are physical changes in the property insured against, beyond the catastrophe damaged condition of the structures and surface landscape, which result in the property becoming uninsurable.
3. We are not required to send notice of nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insurance group.
b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 1.
SB146916E (07-20) Page 5 of 6
Copyright, CNA All Rights Reserved.
10020006070384118608008
SB146916E
(Ed. 07-20)
c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed.
e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period.
f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph 1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%.
All other terms and conditions of the Policy remain unchanged.
SB146916E (07-20) Page 6 of 6
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured – Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage
1.a. Primary – Noncontributory provision
1.b. Definition of "written contract"
2. Additional Insured – Extended Coverage
II. Liability Extension Coverages
A. Bodily Injury – Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates, Legal Representatives and Spouses
D. Fellow Employee First Aid
E. Legal Liability – Damage to Premises
F. Personal and Advertising Injury – Discrimination or Humiliation G. Personal and Advertising Injury – Broadened Eviction H. Waiver of Subrogation – Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED – BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7
Copyright, CNA All Rights Reserved.
10020006070384118608009
SB146932G
(Ed. 10-19)
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "productscompleted operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract."
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with:
a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement:
a. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of:
(1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as coowner of such premises. c. Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you.
SB146932G (10-19) Page 2 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease.
The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of:
(1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
With respect to this provision's requirement that additional insured status must be requested under a "written contract," we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured.
SB146932G (10-19) Page 3 of 7
Copyright, CNA All Rights Reserved.
10020006070384118608010
SB146932G
(Ed. 10-19)
i. Trade Show Event Lessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
(1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if:
(a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or
(3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
1. With respect only to additional insured coverage provided under paragraphs A. and B. above:
a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added:
"Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement:
(1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to:
(a) The "bodily injury" or "property damage;" or
(b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage.
2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or
e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of:
(1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above;
(2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.
A. Bodily injury – Expanded Definition
Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to:
(1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.
SB146932G (10-19) Page 5 of 7
Copyright, CNA All Rights Reserved.
10020006070384118608011
SB146932G
(Ed. 10-19)
D. Fellow Employee First Aid Coverage
In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following:
The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations.
E. Legal Liability – Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following:
k. Damage To Property
"Property damage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises:
(1) rented to you:
(2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D – Liability and Medical Expenses Limits of Insurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "productscompleted operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury:
Exclusions c, d, e, f, g, h, i, k, l, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
SB146932G (10-19) Page 6 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of:
a. $1,000,000; or
b. The Damage to Premises Rented to You Limit shown in the Declarations.
F. Personal and Advertising Injury – Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) The insured; or
(b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured.
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions:
(15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising Injury – Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement.
G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor.
H. Waiver of Subrogation – Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged.
SB146932G (10-19) Page 7 of 7
Copyright, CNA All Rights Reserved.
10020006070384118608012
SB-146936-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INFLATION GUARD
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners b. The percentage of annual increase shown in Special Property Coverage Form: the Declarations, expressed as a decimal (example: 5% is .05); times Inflation Guard
c. The number of days since the beginning of 1. The limit of Insurance for Building will be the current policy year or the effective date of increased by the annual percentage shown in the the most recent policy change amending the Declarations, if you choose this optional coverage. limit, divided by 365.
The limit of Insurance for Business Personal Example: Property will be increased by the annual percentage shown in the Declarations, if you If: the applicable limit is $100,000. choose this optional coverage. The annual increase is 5%.
2. The amount of increase will be: The number of days since the beginning of a. The limit that applied on the most recent of the policy year (or last policy change) is 146. the policy inception date, the policy The amount of increase is: anniversary date, or any other policy change amending the limit; times $100,000 x .05 x 146 / 365 = $2,000.
SB-146936-A Page 1 of 1
(Ed. 01/06)
SB-147075-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ECONOMIC AND TRADE SANCTIONS CONDITION
The following condition is added to the COMMON POLICY 4. Property that is located in a Sanctioned Country or that CONDITIONS: is owned by, rented to or in the care, custody or control of a Sanctioned Country Government, where ECONOMIC AND TRADE SANCTIONS CONDITION any activities related to such property are prohibited by In accordance with laws and regulations of the United U.S. economic or trade sanctions; or States concerning economic and trade embargoes, this 5. Property that is owned by, rented to or in the care, policy is void ab initio (void from its inception) with respect custody or control of a Specially Designated National to any term or condition of this policy that violates any laws or Blocked Person, or any person or entity who is or regulations of the United States concerning economic otherwise subject to U.S. economic or trade sanctions. and trade embargoes including, but not limited to the following: As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is 1. Any insured, or any person or entity claiming the on the list of Specially Designated Nationals and Blocked benefits of an insured, who is or becomes a Specially Persons issued by the U.S. Treasury Department's Office Designated National or Blocked Person or who is of Foreign Asset Control (O.F.A.C.) as it may be from time otherwise subject to U.S. economic or trade sanctions; to time amended.
2. Any claim or "suit" that is brought in a Sanctioned As used in this endorsement a Sanctioned Country is any Country or by a Sanctioned Country Government, country that is the subject of trade or economic embargoes where any action in connection with such claim or suit imposed by the laws or regulations of the United States of is prohibited by U.S. economic or trade sanctions; America.
3. Any claim or "suit" that is brought by any Specially Designated National or Blocked Person or any person
or entity who is otherwise subject to U.S. economic or
trade sanctions;
SB-147075-A Page 1 of 1
(Ed. 01/06)
10020006070384118608013
SB-147079-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAR LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
sovereign or other authority using military I. The following provisions are added to the Business personnel or other agents; or Liability Coverage Forms:
A. War Exclusion (3) Insurrection, rebellion, revolution, usurped i. under Paragraph B.1., Exclusions power, or action taken by governmental – Applicable to Business Liability Coverage authority in hindering or defending against any is replaced by the following:
of these.
This insurance does not apply to War.
II. The following provision is added to the Business
"Bodily injury," "property damage," "personal and Liability Coverage Form:
advertising injury," however caused, arising,
A. Exclusion h. under Paragraph B.2., Exclusions – directly or indirectly, out of:
Applicable To Medical Expenses Coverage
(1) War, including undeclared or civil war; or does not apply. Medical Expenses due to war are now subject to Exclusion g. of Paragraph B.2., (2) Warlike action by a military force, including since "bodily injury" arising out of war is now action in hindering or defending against an excluded under Paragraph B.1., Exclusions – actual or expected attack, by any government, Applicable To Business Liability Coverage.
SB-147079-A Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 (Ed. 01/06) Copyright, Insurance Services Office, Inc., 2003 SB147080B
(Ed. 10-19)
EXCLUSION – SILICA
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
A. The following exclusion is added to Section B.1. EXCLUSIONS – Applicable to Business Liability Coverage:
This insurance does not apply to:
Silica
(1) "Bodily injury" arising in whole or in part out of the actual, alleged or threatened respiration or ingestion at any time of "silica";
(2) "Property damage" arising in whole or in part out of the actual, alleged or threatened presence of "silica;" or (3) "Personal and advertising injury" arising in whole or in part out of the actual, alleged or threatened exposure at any time to or the presence of "silica."
B. The following definition is added:
"Silica" means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains "silica." SB147080B (Ed. 10-19) Page 1 of 1
Copyright, CNA All Rights Reserved.
10020006070384118608014
SB-147082-E
(Ed. 04/14)
BUSINESSOWNERS COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions:
A. Cancellation (b) Pay property taxes that are owing
and have been outstanding for more 1. The first Named Insured shown in the than one year following the date due, Declarations may cancel this policy by mailing or except that this provision will not delivering to us advance written notice of apply where you are in a bona fide cancellation. dispute with the taxing authority
2. We may cancel regarding payment of such taxes. this policy by mailing or delivering to the first Named Insured written notice of b. 10 days before the effective date of cancellation at least: cancellation if we cancel for nonpayment of a. 5 days before premium. the effective date of
cancellation if any one of the following c. 30 days before the effective date of conditions exists at any building that is cancellation if we cancel for any other reason. Covered Property in this policy.
3. We will mail or deliver our notice to the first (1) The building has been vacant or Named Insured's last mailing address known to unoccupied 60 or more consecutive days. us. This does not apply to:
4. Notice of cancellation will state the effective date (a) Seasonal unoccupancy; or of cancellation. The policy period will end on that (b) Buildings date. in the course of
construction, renovation or addition. 5. If this policy is cancelled, we will send the first Buildings with 65% or more of the rental Named Insured any premium refund due. If we units or cancel, the refund will be pro rata. If the first floor area vacant or unoccupied are considered unoccupied under this Named Insured cancels, the refund may be less provision. than pro rata. The cancellation will be effective even if we have not made or offered a refund.
(2) After damage by a covered cause of loss,
permanent repairs to the building: 6. If notice is mailed, proof of mailing will be sufficient proof of notice.
(a) Have not started, and
B. Changes
(b) Have not been contracted for,
This policy contains all the agreements between you
within 30 days of initial payment of loss. and us concerning the insurance afforded. The first Named Insured shown in the Declarations is (3) The building has:
authorized to make changes in the terms of this policy
(a) An outstanding order to vacate; with our consent. This policy's terms can be amended or waived only by endorsement issued by us and (b) An outstanding demolition order; or made a part of this policy. (c) Been declared unsafe by C. Concealment, Misrepresentation Or Fraud governmental authority.
This policy is void in any case of fraud by you as it (4) Fixed and salvageable items have been relates to this policy at any time. It is also void if you or or are being removed from the building any other insured, at any time, intentionally conceal or and are not being replaced. This does not misrepresent a material fact concerning: apply to such removal that is necessary or incidental to any renovation or 1. This policy;
remodeling.
2. The Covered Property;
(5) Failure to:
3. Your interest in the Covered Property; or
(a) Furnish necessary heat, water, sewer
4. A claim under this policy. service or electricity for 30 consecutive days or more, except D. Examination Of Your Books And Records during a period of seasonal
unoccupancy; or We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.
SB-147082-E Page 1 of 3
(Ed. 04/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission SB-147082-E
(Ed. 04/14)
E. Inspections And Surveys undertake to do so; but we will be entitled to the insured's rights against all those other insurers. We have the right but are not obligated to:
I. Premiums 1. Make inspections and surveys at any time;
1. The first Named Insured shown in the 2. Give you reports on the conditions we find; and Declarations:
3. Recommend changes. a. Is responsible for the payment of all Any inspections, surveys, reports or recommendations premiums; and relate only to insurability and the premiums to be b. Will be the payee for any return premiums we charged. We do not make safety inspections. We do pay. not undertake to perform the duty of any person or organization to provide for the health or safety of 2. The premium shown in the Declarations was workers or the public. And we do not warrant that computed based on rates in effect at the time the conditions: policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, 1. Are safe or healthful; or we will compute the premium in accordance with
2. Comply with our rates and rules then in effect. laws, regulations, codes or standards. 3. With our consent, you may continue this policy in This condition applies not only to us, but also to any force by paying a continuation premium for each rating, advisory, rate service or similar organization successive one-year period. The premium must which makes be: insurance inspections, surveys, reports or recommendations. a. Paid to us prior to the anniversary date; and F. Insurance Under Two Or More Coverages b. Determined in accordance with Paragraph 2. above. If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the Our forms then in effect will apply. If you do not actual amount of the loss or damage. pay the continuation premium, this policy will G. Liberalization expire on the first anniversary date that we have not received the premium.
If, during your policy period, we adopt any revision that would broaden the coverage under this policy without 4. Undeclared exposures or change in your business additional premium the broadened coverage will operation, acquisition or use of locations may immediately apply to this policy. The broadened occur during the policy period that are not shown coverage will also apply to the renewal of this policy if in the Declarations. If so, we may require an such renewal was in process or was mailed prior to additional premium. That premium will be the date we adopted such revision. determined in accordance with our rates and rules then in effect.
H. Other Insurance
J. Premium Audit
1. If you have other insurance covering the same
loss or damage, we will pay only for the amount of 1. This policy is subject to audit if the Declarations covered show an Audit Period other than 'Not Auditable.' loss or damage in excess of the amount due from that other insurance, whether you can We will compute the final premium due when we collect on determine your actual exposures. it or not. But we will not pay more than the applicable Limit of Insurance. 2. Premium shown in this policy as advance
2. Business Liability Coverage premium is a deposit premium only. At the close of is excess over:
each audit period we will compute the earned
a. Any other insurance that insures for direct premium for that period. Audit premiums are due physical loss or damage; or and payable on notice to the first Named Insured. b. Any If the sum of the advance and audit premiums other primary insurance available to you paid for the policy period is greater than the covering liability for damages arising out of earned premium, we will return the excess to the the premises or operations for which you have first Named Insured. been added as an additional insured.
3. When 3. The first Named Insured must keep records of the this insurance is excess, we will have no information we need for premium computation, duty under Business Liability Coverage to defend and send us copies at such times as we may any claim or "suit" that any other insurer has a request. duty to defend. If no other insurer defends, we will SB-147082-E Page 2 of 3
(Ed. 04/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission 10020006070384118608015
SB-147082-E
(Ed. 04/14)
K. Transfer Of Rights Of Recovery Against Others To This will not restrict your insurance.
Us 2. Applicable to Businessowners Liability Coverage:
1. Applicable to Businessowners Property Coverage: If the insured has rights to recover all or part of If any person or organization to or for whom we any payment we have made under this policy, make payment under this policy has rights to those rights are transferred to us. The insured recover damages from another, those rights are must do nothing after loss to impair them. At our transferred to us to the extent of our payment. request, the insured will bring "suit" or transfer That person or organization must do everything those rights to us and help us enforce them. This necessary to secure our rights and must do condition does not apply to Medical Expenses nothing after loss to impair them. But you may Coverage. waive your rights against another party in writing: L. Transfer Of Your Rights And Duties Under This a. Prior to a loss to your Covered Property. Policy
b. After a loss to your Covered Property only if, Your rights and duties under this policy may not be at time of loss, that party is one of the transferred without our written consent except in the following: case of death of an individual Named Insured. (1) Someone insured by this insurance; If you die, your rights and duties will be transferred to your legal representative but only while acting within (2) A business firm: the scope of duties as your legal representative. Until (a) Owned or controlled by you; or your legal representative is appointed, anyone having proper temporary custody of your property will have
(b) That owns or controls you; or your rights and duties but only with respect to that property. (3) Your tenant.
You may also accept the usual bills of lading or
shipping receipts limiting the liability of carriers.
SB-147082-E Page 3 of 3
(Ed. 04/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission SB147083C
(Ed. 10-19)
FUNGI / MOLD / MILDEW / YEAST / MICROBE EXCLUSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
A. The following exclusion is added to SECTION B.1., EXCLUSIONS – Applicable to Business Liability Coverage:
This insurance does not apply to:
Fungi and Microbes
(1) "Bodily injury" or "personal and advertising injury" arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any "fungi" or "microbes" on or within a building or structure, or on or within any contents of a building or structure. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury.
This exclusion does not apply to:
(a) any "fungi" or "microbes" that are, are on, or are contained in, a good or product intended for bodily consumption; or
(b) "microbes" that were transmitted directly from person to person. (2) Any loss, cost or expense arising out of or relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of, or in any way responding to or assessing the effects of "fungi" or "microbes" by any insured or by anyone else. (3) "Property damage" arising out of or relating to the actual, alleged or threatened contact with, exposure to, existence of, or growth or presence of any "fungi" or "microbes" on or within a building or structure, or on or within any contents of a building or structure.
B. The following definitions are added to SECTION F., Liability and Medical Expenses Definitions:
"Fungi" means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. "Microbe(s)" means any non-fungal microorganism or non-fungal, colony-form organism that causes infection or disease. "Microbe" includes any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of microbes.
SB147083C (Ed. 10-19) Page 1 of 1
Incorporates materials copyrighted by Insurance Services Office, reprinted with their permission. 10020006070384118608016
SB-147084-C04
(Ed. 04-12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA FUNGI, WET ROT, DRY ROT AND MICROBE
EXCLUSION/LIMITED COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
A. Section B.1., EXCLUSIONS, is amended to add the c. The cost of testing performed after removal, following provision: repair, replacement or restoration of the damaged property is completed, provided m. Fungi, Wet Rot, Dry Rot and Microbes there is a reason to believe that "fungus," wet Presence, growth, proliferation, spread or any activity or dry rot or microbes are present. of "fungi," wet or dry rot, or "microbes." 3. The coverage described under paragraph C.2. of This exclusion does not apply when "fungi," wet or dry this Limited Coverage endorsement is limited to rot or "microbes" result from fire or lightning. $25,000, unless a different limit is shown in the Declarations. Regardless of the number of claims,
B. Section B.2.d., Subsections (2) and (7), this limit is the most we will pay for the total of all EXCLUSIONS/Other Types of Loss, are deleted in its loss or damage arising out of all occurrences of entirety and replaced as follows: Covered Causes of Loss (other than fire or (2) Rust, lightning) which take place in a 12 month period or other corrosion, decay, deterioration, (starting with the beginning of the present annual hidden or latent defect or any quality in property policy period). With respect to a particular that causes it to damage or destroy itself; occurrence of loss which results in "fungus," wet
(7) The following causes of loss: or dry rot or microbes, we will not pay more than a total of $25,000 (unless a different limit is shown (a) Dampness or dryness of atmosphere; in the Declarations), even if the "fungus," wet or (b) Changes in or extremes of temperature; or dry rot or microbes continues to be present or active, or recurs, in a later policy period. (c) Marring or scratching.
4. The coverage provided under this Limited C. The following is added to Section A. Coverage, Coverage does not increase the applicable Limit Paragraph 5. of the Additional Coverages section: of Insurance on any Covered Property. If a Additional Coverage – Limited Coverage for particular occurrence results in loss or damage by "Fungus," Wet Rot, Dry Rot and Microbes "fungus," wet or dry rot or microbes, and other loss or damage, we will not pay more, for the total 1. The coverage described below in paragraphs C.2. of all loss or damage, than the applicable Limit of and C.6. of this Limited Coverage endorsement Insurance on the affected Covered Property. only applies when the "fungus," wet or dry rot or
microbes is the result of Covered Causes of Loss If there is covered loss or damage to Covered other than fire or lightning that occur during the Property, not caused by "fungus," wet or dry rot or policy period and only if all reasonable means microbes, loss payment will not be limited by the were used to save and preserve the property from terms of this Limited Coverage, except to the further damage at the time of and after that extent that "fungus," wet or dry rot or microbes occurrence. causes an increase in the loss. Any such increase in the loss will be subject to the terms of this 2. We will pay for loss or damage by "fungus," wet or Limited Coverage. dry rot or microbes. As used in this Limited
Coverage, the term loss or damage means: 5. The terms of this Limited Coverage do not increase or reduce the coverage provided under
a. Direct physical loss or damage to Covered the Additional Coverages Section of the Special Property caused by "fungus," wet or dry rot or Property Coverage Forms. microbes, including the cost of removal of the
"fungus," wet or dry rot or microbes. 6. The following paragraphs, 6.a. or 6.b. applies to the Business Income and Extra Expense coverage b. The cost to tear out and replace any part of and only if the suspension (slowdown or the building or other property as needed to cessation) of "operations" satisfies all terms and gain access to the "fungus," wet or dry rot or conditions of the applicable Business Income and microbes; and
SB-147084-C04 (Ed. 04-12)
Copyright, CNA All Rights Reserved.
SB-147084-C04
(Ed. 04-12)
Extra Expense coverage. The coverage provided requires the demolition, repair, replacement, under this Limited Coverage is part of and does reconstruction, remodeling or remediation of not increase the applicable Limit of Insurance on property due to the presence, growth, proliferation, the Business Income and Extra Expense spread or any activity of "fungus," wet or dry rot or coverage. microbes; or
a. If the loss which resulted in "fungus," wet or 2. The costs associated with the enforcement of any dry rot or microbes does not in itself ordinance or law which requires any insured or necessitate a suspension of "operations," but others to test for, monitor, clean up, remove, such suspension is necessary due to loss or contain, treat, detoxify or neutralize, or in any way damage to property caused by "fungus," wet respond to, or assess the effects of "fungus," wet or dry rot or microbes, then our payment or dry rot or microbes. under Business Income and/or Extra Expense E. Section G., DEFINITIONS, is amended to add the is limited to the amount of loss and/or following two (2) definitions: expense sustained in a period of not more than 30 days. The days need not be "Fungi" means any form of fungus, including but not consecutive. limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, b. If a covered suspension of "operations" was odors, or any other substances, products, or caused by loss or damage other than byproducts produced by, released by, or arising out of "fungus," wet or dry rot or microbes but the current or past presence of "fungi." But "fungi" remediation of "fungus," wet or dry rot or does not include any "fungi" intended by the insured microbes prolongs the "period of restoration," for consumption. we will pay for loss and/or expense sustained during the delay (regardless of when such a "Microbe(s)" means any non-fungal micro-organism delay occurs during the "period of or non-fungal, colony-form organism that causes restoration"), but such coverage is limited to infection or disease. "Microbe" includes any spores, 30 days. The days need not be consecutive. mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out D. Under this policy, we will not pay under the Ordinance of the current or past presence of "microbes." or Law Coverage for:
1. Loss or expense sustained due to the
enforcement of any ordinance or law which
All other terms and conditions of the Policy remain unchanged.
SB-147084-C04 (Ed. 04-12)
Copyright, CNA All Rights Reserved.
10020006070384118608017
SB-147086-B
(Ed. 04/10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS PAYABLE CLAUSES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE*
Provision Applicable
Prem. Description Loss Payee (Indicate Paragraph
No. of Property (Name & Address) A, B, C or D)
REFER TO LOSS PAYEE SCHEDULE
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. have the right to receive loss payment if the The following is added to the Businessowners Special Property Coverage Loss Payee: Form LOSS PAYMENT Loss Condition, as shown in the Declarations or by an "A," "B" "C," or "D" (1) Pays any premium due under this policy in the Schedule: at our request if you have failed to do so; A. LOSS PAYABLE CLAUSE (2) Submits a signed, sworn proof of loss For Covered Property in which both you and a Loss within 60 days after receiving notice from Payee us of your failure to do so; and shown in the Schedule or in the Declarations have an insurable interest, we will: (3) Has notified us of any change in ownership, occupancy or substantial 1. Adjust losses with you; and change in risk known to the Loss Payee.
2. Pay any claim for loss or damage jointly to you
All of the terms of the Businessowners and the Loss Payee, as interests may appear.
Special Property Coverage Form will then
B. LENDER'S LOSS PAYABLE CLAUSE apply directly to the Loss Payee.
1. The Loss Payee shown in the Schedule or in the d. If we pay the Loss Payee for any loss or Declarations is a creditor (including a damage and deny payment to you because of mortgageholder or trustee) with whom you have your acts or because you have failed to entered a contract for the sale of Covered comply with the terms of this policy:
Property, whose interest in that Covered Property
(1) The Loss Payee's rights will be is established by such written contracts as:
transferred to us to the extent of the
a. Warehouse receipts; amount we pay; and
b. A contract for deed; (2) The Loss Payee's right to recover the full amount of the Loss Payee's claim will not c. Bills of lading; or be impaired. d. Financing statements. At our option, we may pay to the Loss
2. For Covered Property in which both you and a Payee the whole principal on the debt Loss Payee have an insurable interest: plus any accrued interest. In this event, you will pay your remaining debt to us.
a. We will pay for covered loss or damage to
each Loss Payee in their order of precedence, 3. If we cancel this policy, we will give written notice as interests may appear. to the Loss Payee at least:
b. The Loss Payee has the right to receive loss a. 10 days before the effective date of payment even if the Loss Payee has started cancellation if we cancel for your nonpayment foreclosure for similar action on the Covered of premium; or Property. b. 30 days before the effective date of
c. If we deny your claim because of your acts or cancellation if we cancel for any other reason. because you have failed to comply with the
terms of this policy, the Loss Payee will still
SB-147086-B Page 1 of 2
(Ed. 04/10)
SB-147086-B
(Ed. 04/10)
4. If we do not renew this policy, we will give written 3. The following is added to the OTHER notice to the Loss Payee at least 10 days before INSURANCE Businessowners Common Policy the expiration date of this policy. Condition:
C. CONTRACT OF SALE CLAUSE For Covered Property that is the subject of a contract of sale, the word "you" includes the 1. The Loss Payee shown in the Schedule or in the Loss Payee. Declarations is a person or organization you have entered a contract with for the sale of Covered D. BUILDING OWNER LOSS PAYABLE CLAUSE Property. 1. The Loss Payee shown in the Schedule or in the
2. For Covered Property in which both you and the Declarations is the owner of the described Loss Payee have an insurable interest, we will: building, in which you are a tenant. a. Adjust losses with you; and 2. We will adjust losses to the described building with the Loss Payee. Any loss payment made to b. Pay any claim for loss or damage jointly to the Loss Payee will satisfy your claims against us you and the Loss Payee, as interests may for the owner's property. appear.
3. We will adjust losses to tenant's improvements
and betterments with you, unless the lease
provides otherwise.
SB-147086-B Page 2 of 2
(Ed. 04/10)
10020006070384118608018
SB-147088-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – ASBESTOS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
This insurance does not apply to: Asbestos means the mineral in any form whether or not the asbestos was at any time: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or (1) airborne as a fiber, particle or dust; threatened exposure at any time to asbestos; or (2) contained in, or formed a part of a product, structure or (2) Any loss, cost or expense that may be awarded or other real or personal property; incurred: (3) carried on clothing;
(a) by reason of a claim or "suit" for any such injury or (4) inhaled or ingested; or damage; or (5) transmitted by any other means. (b) in complying with a governmental direction or request to test for, monitor, clean up, remove,
contain or dispose of asbestos.
SB-147088-A Page 1 of 1
(Ed. 01/06)
SB-147089-A
(Ed. 01/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYMENT – RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
humiliation or discrimination directed at The following exclusion is added to Section B.
EXCLUSIONS that person; or of the Businessowners Liability Coverage Form: (2) The spouse, child, parent, brother or sister of that person as a consequence of “bodily This insurance does not apply to:
injury” or “personal and advertising injury” to
r. “Bodily injury” or “personal and advertising injury” that person at whom any of the employmentto: related practices described in paragraphs (1), (2) or (3) above is directed. (1) A person arising out of any; This exclusion applies: (a) Refusal to employ that person; a. Whether the insured may be liable as an (b) Termination of that person’s employment; employer or in any other capacity; and or b. To any obligation to share damages with or (c) Employment-related practices, policies, repay someone else who must pay damages acts or omissions, such as coercion, because of the injury. demotion, evaluation, reassignment, discipline, defamation, harassment,
SB-147089-A Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 (Ed. 01/06) Copyright, Insurance Services Office, Inc., 1996 10020006070384118608019
SB-300000-D
(Ed. 04/14)
BUSINESSOWNERS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the company providing the insurance.
The word "insured" means any person or organization qualifying as such under Section C. – Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F – LIABILITY DEFINITIONS.
A. Coverages (c) Prior to the policy period, no insured listed under Paragraph C.1. Who Is 1. Business Liability (Bodily Injury, Property An Insured and no "employee" Damage, Personal and Advertising Injury) authorized by you to give or receive a. We will pay notice of an "occurrence" or claim, those sums that the insured becomes legally obligated to pay as damages knew that the "bodily injury" or because of "bodily injury," "property damage" "property damage" had occurred, in or "personal and advertising injury" to which whole or in part. If such a listed this insurance applies. We will have the right insured or authorized "employee" and duty knew, prior to the policy period, that to defend the insured against any "suit" seeking those damages. However, we the "bodily injury" or "property will have no duty to defend the insured damage" occurred, then any against any "suit" seeking damages continuation, change or resumption of for "bodily injury," "property damage" or "personal and such "bodily injury" or "property advertising injury," to which this insurance damage" during or after the policy does not apply. We may at our discretion, period will be deemed to have been known before the policy period. investigate any "occurrence" or any offense and settle any claim or "suit" that may result. (2) To "personal and advertising injury" But: caused by an offense arising out of your (1) The amount we will pay for damages is business, but only if the offense was limited as described in Section D – committed in the "coverage territory" Liability And Medical Expenses Limits Of during the policy period.
Insurance; and c. "Bodily injury" or "property damage" which (2) Our right and duty occurs during the policy period and was not, to defend ends when we have used up the applicable limit of prior to the policy period, known to have insurance in the payment of judgments or occurred by any insured listed under Section settlements or medical expenses to which C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of this insurance applies. an "occurrence" or claim, includes any
No other obligation or liability to pay sums or continuation, change or resumption of "bodily perform acts or services is covered unless injury" or "property damage" after the end of explicitly provided for under Coverage the policy period.
Extension – Supplementary Payments.
d. "Bodily injury" or "property damage" will be
b. This insurance applies: deemed to have been known to have (1) To occurred at the earliest time when any insured "bodily injury" and "property damage" listed under Section C.1. Who Is An Insured only if:
or any "employee" authorized by you to give
(a) The "bodily injury" or "property or receive notice of an "occurrence" or claim:
damage" is caused by an
(1) Reports all, or any part, of the "bodily "occurrence" that takes place in the injury" or "property damage" to us or any "coverage territory"; other insurer;
(b) The "bodily injury" or "property
(2) Receives a written or verbal demand or damage" occurs during the policy claim for damages because of the "bodily period; and
injury" or "property damage"; or
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
(3) Becomes aware by any other means that (2) If we defend an insured against a "suit" "bodily injury" or "property damage" has and an indemnitee of the insured is also occurred or has begun to occur. named as a party to the "suit," we will defend that indemnitee if all of the
e. Damages because of "bodily injury" include following conditions are met: damages claimed by any person or organization for care, loss of services or death (a) The "suit" against the indemnitee resulting at any time from the "bodily injury." seeks damages for which the insured has assumed the liability of the f. Coverage Extension – Supplementary indemnitee in a contract or Payments agreement that is an "insured (1) contract"; In addition to the Limit of Insurance of Liability we will pay, with respect to any (b) This insurance applies to such claim we investigate or settle, or any liability assumed by the insured; "suit" against an insured we defend:
(c) The obligation to defend, or the cost (a) All expenses we incur. of the defense of, that indemnitee, (b) Up to $1,000 for cost of bail bonds has also been assumed by the required because of accidents or insured in the same "insured contract"; traffic law violations arising out of the
use of any vehicle to which Business (d) The allegations in the "suit" and the Liability Coverage for "bodily injury" information we know about the applies. We do not have to furnish "occurrence" are such that no conflict these bonds. appears to exist between the (c) The cost of bonds to release interests of the insured and the attachments, but only interests of the indemnitee: for bond amounts within our Limit of (e) The indemnitee and the insured ask Insurance. We do not have to furnish us to conduct and control the defense these bonds. of that indemnitee against such "suit" (d) All reasonable expenses incurred by and agree that we can assign the the insured at our request to assist us same counsel to defend the insured in the investigation or defense of the and the indemnitee; and claim or "suit," including actual loss of (f) The indemnitee: earnings up to $250 a day because of time off from work. (i) Agrees in writing to:
(e) All court costs taxed against the i. Cooperate with us in the insured in the "suit." However, these investigation, settlement or payments do not include attorneys' defense of the "suit"; fees or attorney expenses taxed ii. Immediately send us copies against the insured. of any demands, notices, (f) Prejudgment interest awarded summonses or legal papers against the insured on that part of the received in connection with judgment we pay. If we make an offer the "suit";
to pay the Limit of Insurance, we will iii. Notify any other insurer not pay any prejudgment interest whose coverage is available based on that period of time after the to the indemnitee; and offer. iv. Cooperate with us with (g) All interest on the full amount of any respect to coordinating other judgment that accrues after entry of applicable insurance the judgment and before we have available to the indemnitee; paid, offered to pay, or deposited in and court the part of the judgment that is within our Limit of Insurance. (ii) Provides us with written authorization to: These payments will not reduce the
Limits of Insurance.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 16 (Ed. 04/14)
10020006070384118608020
SB-300000-D
(Ed. 04/14)
i. Obtain records and other applicable Limit of Insurance. We will pay information related to the reasonable expenses for:
"suit"; and (1) First aid administered at the time of an ii. Conduct and control the accident;
defense of the indemnitee in (2) Necessary medical, surgical, x-ray and such "suit." dental services, including prosthetic (3) So long as the above conditions are met, devices; and attorneys' fees incurred by us in the (3) Necessary ambulance, hospital, defense of that indemnitee, necessary professional nursing and funeral services. litigation expenses incurred by us and necessary litigation expenses incurred by B. Exclusions the indemnitee at our request will be paid
1. Applicable To Business Liability Coverage as Supplementary Payments.
Notwithstanding the provisions of This insurance does not apply to:
Paragraph B.1.b.(2) Exclusions in Section
B - EXCLUSIONS, such payments will a. Expected Or Intended Injury not be deemed to be damages for "bodily "Bodily injury" or "property damage" expected injury" and "property damage" and will not or intended from the standpoint of the insured. reduce the limits of insurance. This exclusion does not apply to "bodily Our obligation to defend an insured's injury" resulting from the use of reasonable force to protect persons or property. indemnitee and to pay for attorneys' fees and necessary litigation expenses as b. Contractual Liability Supplementary Payments ends when:
"Bodily injury" or "property damage" for which (a) We have used up the applicable limit the insured is obligated to pay damages by of insurance in the payment of reason of the assumption of liability in a judgments or settlements; or contract or agreement. This exclusion does not apply to liability for damages: (b) The conditions set forth above, or the terms of the agreement described in (1) That the insured would have in the f. above are no longer met. absence of the contract or agreement; or
2. Medical Expenses (2) Assumed in a contract or agreement that a. We will pay medical expenses as described is an "insured contract," provided the below "bodily injury" or "property damage" for "bodily injury" caused by an accident: occurs subsequent to the execution of the
contract or agreement. Solely for the
(1) On premises you own or rent; purposes of liability assumed in an "insured contract," reasonable attorney (2) On ways next to premises you own or fees and necessary litigation expenses rent; or
incurred by or for a party other than an
(3) Because of your operations; insured are deemed to be damages because of "bodily injury" or "property provided that: damage," provided:
(a) The accident takes place in the (a) Liability to such party for, or for the "coverage territory" and during the cost of, that party's defense has also policy period; been assumed in the same "insured (b) The expenses are incurred and contract"; and
reported to us within one year of the (b) Such attorney fees and litigation date of the accident; and expenses are for defense of that
(c) The injured person submits to party against a civil or alternative examination, at our expense, by dispute resolution proceeding in physicians of our choice as often as which damages to which this we reasonably require. insurance applies are alleged.
b. We will make these payments regardless of c. Liquor Liability fault. These payments will not exceed the "Bodily injury" or "property damage" for which any insured may be held liable by reason of:
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
(1) Causing or contributing to the intoxication migration, release or escape of of any person; "pollutants":
(2) The furnishing of alcoholic beverages to a (a) At or from any premises, site or person under the legal drinking age or location which is or was at any time under the influence of alcohol; or owned or occupied by, or rented or loaned to, any insured. However, this (3) Any statute, ordinance or regulation subparagraph does not apply to: relating to the sale, gift, distribution or use of alcoholic beverages. (i) "Bodily injury" if sustained within a building and caused by smoke, This exclusion applies even if the claims fumes, vapor or soot from allege negligence or other wrongdoing in: equipment used to heat, cool or (a) The supervision, hiring, employment, dehumidify the building or equipment that is used to heat training or monitoring of others by an insured; or water for personal use by the
buildings occupants or their
(b) Providing or failing to provide guests;
transportation with respect to any person
that may be under the influence of alcohol (ii) "Bodily injury" or "property damage" for which you may be
This exclusion applies only if you are in the held liable, if you are a contractor business of manufacturing, distributing, and the owner or lessee of such selling, serving or furnishing alcoholic premises, site or location has beverages. been added to your policy as an
additional insured with respect to d. Workers' Compensation And Similar Laws your ongoing operations
Any obligation of the insured under a workers' performed for that additional compensation, disability benefits or insured at that premises, site or unemployment compensation law or any location and such premises, site similar law. or location is not and never was
owned or occupied by, or rented
e. Employer's Liability or loaned to, any insured, other than that additional insured; or "Bodily Injury" to:
(1) An "employee" of the insured arising out (iii) "Bodily injury" or "property of and damage" arising out of heat, in the course of:
smoke or fumes from a "hostile
(a) Employment by the insured; or fire";
(b) Performing duties related to the (b) At or from any premises, site or conduct of the insured's business; or location which is or was at any time used by or for any insured or others (2) The spouse, child, parent, brother or for the handling, storage, disposal, sister of that "employee" as a processing or treatment of waste; consequence of (1) above. (c) Which are or were at any time This exclusion applies:
transported, handled, stored, treated,
(1) Whether the insured may be liable as an disposed of, or processed as waste employer or in any other capacity; and by or for:
(2) To any obligation to share damages with (i) Any insured; or or repay someone else who must pay (ii) Any person or organization for damages because of the injury. whom you may be legally
This exclusion does not apply to liability responsible; or assumed by the insured under an "insured (d) At or from any premises, site or contract." location on which any insured or any
f. Pollution contractors or subcontractors working
directly or indirectly on any insured's (1) "Bodily injury" or "property damage" behalf are performing operations if arising out of the actual, alleged or the "pollutants" are brought on or to threatened discharge, dispersal, seepage, the premises, site or location in SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 16 (Ed. 04/14)
10020006070384118608021
SB-300000-D
(Ed. 04/14)
connection with such operations by a. Request, demand, order or statutory such insured, contractor or or regulatory requirement that any subcontractor. However, this insured or others test for, monitor, subparagraph does not apply to: clean up, remove, contain, treat, detoxify or neutralize, or in any way (i) "Bodily injury" or "property respond to, or assess the effects of, damage" arising out of the "pollutants"; or escape of fuels, lubricants or
other operating fluids which are b. Claim or "suit" by or on behalf of a needed to perform the normal governmental authority for damages electrical, hydraulic or because of testing for, monitoring, mechanical functions necessary cleaning up, removing, containing, for the operation of "mobile treating, detoxifying or neutralizing, or equipment" or its parts, if such in any way responding to, or fuels, lubricants or other assessing the effects of, "pollutants." operating fluids escape from a
However, this paragraph does not apply vehicle part designed to hold, to liability for damages because of store or receive them. This "property damage" that the insured would exception does not apply if the have in the absence of such request, "bodily injury" or "property demand, order or statutory or regulatory damage" arises out of the requirement or such claim or "suit" by or intentional discharge, dispersal on behalf of a governmental authority. or release of the fuels, lubricants or other operating fluids, or if g. Aircraft, Auto Or Watercraft such fuels, lubricants or other
"Bodily injury" or "property damage" arising operating fluids are brought on or out of the ownership, maintenance, use or to the premises, site or location with entrustment to others of any aircraft, "auto" or the intent that they be watercraft owned or operated by or rented or discharged, dispersed or loaned to any insured. Use includes operation released as part of the and "loading or unloading." operations being performed by such insured, contractor or This exclusion applies even if the claims subcontractor; allege negligence or other wrongdoing in the supervision, hiring, employment, training or (ii) "Bodily injury" or "property monitoring of others by an insured, if the damage" sustained within a "occurrence" which caused the "bodily injury" building and caused by the or "property damage" involved the ownership, release of gases, fumes or maintenance, use or entrustment to others of vapors from materials brought any aircraft, "auto" or watercraft that is owned into that building in connection with or operated by or rented or loaned to any operations being performed insured. by you or on your behalf by a
contractor or subcontractor; or This exclusion does not apply to:
(iii) "Bodily injury" or "property (1) An aircraft that is:
damage" arising out of heat,
smoke or fumes from a "hostile (a) Hired, chartered, or loaned with a paid crew; but fire."
(b) Not owned by any insured; (e) At or from any premises, site or location on which any insured or any (2) A watercraft while ashore on premises contractors or subcontractors working you own or rent; directly or indirectly on any insured's behalf are performing operations if (3) A watercraft you do not own that is:
the operations are to test for, monitor, (a) Less than 51 feet long; and clean up, remove, contain, treat, detoxify or neutralize, or in any way (b) Not being used to carry persons or respond to, or assess the effects of, property for a charge; "pollutants." (4) Parking an "auto" on, or on the ways next (2) Any loss, cost or expense arising out of to, premises you own or rent, provided any:
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
the "auto" is not owned by or rented or (6) Any service, treatment, advice or loaned to you or the insured; instruction for the purpose of appearance or skin enhancement, hair removal or (5) Liability assumed under any "insured replacement or personal grooming; contract" for the ownership, maintenance or use of aircraft or watercraft; or (7) Optometry or optical or hearing aid services including the prescribing, (6) "Bodily injury" or "property damage" preparation, fitting, demonstration or arising out of the operation of any of the distribution of ophthalmic lenses and following equipment: similar products or hearing aid devices; (a) Cherry pickers and similar devices (8) Body piercing services; mounted on automobile or truck chassis and used to raise or lower (9) Services in the practice of pharmacy; workers; and (10)Veterinary medicine services;
(b) Air compressors, pumps and (11)Mortician services; and generators, including spraying, welding, building cleaning, (12)Services rendered in connection with the geophysical exploration, lighting and creation and/or development, well servicing equipment. modification, or repair of "software," including, but not limited to design, h. Mobile Equipment specifications, system or "software" "Bodily injury" or "property damage" arising configuration and consultation. out of: This exclusion applies even if the claims
(1) The transportation of "mobile equipment" allege negligence or other wrongdoing in the by an "auto" owned or operated by or supervision, hiring, employment, training or rented or loaned to any insured; or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" (2) The use of "mobile equipment" in, or or "property damage," or the offense which while in practice for, or while being caused the "personal and advertising injury," prepared for, any prearranged racing, involved the rendering or failure to render any speed, demolition or stunting activity. professional service. i. War k. Damage To Property
"Bodily injury" or "property damage" due to "Property damage" to:
war, whether or not declared, or any act or
condition incident to war. War includes civil (1) Property you own, rent or occupy, war, insurrection, rebellion or revolution. This including any costs or expenses incurred exclusion applies only to liability assumed by you, or any other person, organization under a contract or agreement. or entity, for repair, replacement, enhancement, restoration or maintenance j. Professional Services of such property for any reason, including "Bodily injury," "property damage," "personal prevention of injury to a person or and advertising damage to another's property; injury" caused by the rendering or failure to render any professional (2) Premises you sell, give away or abandon, service. This includes but is not limited to: if the "property damage" arises out of any (1) Legal, accounting or advertising services; part of those premises; (2) Preparing, approving, or (3) Property loaned to you; failing to prepare or approve maps, drawings, opinions, (4) Personal property in the care, custody or reports, surveys, change orders, designs control of the insured; or specifications;
(5) That particular part of real property on (3) Supervisory, inspection or engineering which you or any contractor or services; subcontractor working directly or (4) Medical, surgical, dental, x-ray or nursing indirectly on your behalf is performing services treatment, advice or instruction; operations, if the "property damage" arises out of those operations; or
(5) Any health or therapeutic service
treatment, advice or instruction;
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 16 (Ed. 04/14)
10020006070384118608022
SB-300000-D
(Ed. 04/14)
(6) That particular part of any property that o. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property
because "your work" was incorrectly Damages claimed for any loss, cost or performed on it. expense incurred by you or others for the loss
Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire or explosion) to premises, of:
including the contents of such premises, (1) "Your product"; rented to you for a period of 7 or fewer consecutive days. A separate limit of (2) "Your work"; or insurance applies to Damage To Premises
Rented (3) "Impaired property"; To You as described in Paragraph D.
Liability And Medical Expenses Limit Of if such product, work or property is withdrawn Insurance. or recalled from the market or from use by any person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were dangerous condition in it. never occupied, rented or held for rental by you. p. Personal And Advertising Injury
Paragraphs (3), (4), (5) and (6) of this "Personal and advertising injury":
exclusion do not apply to liability assumed
under a sidetrack agreement. (1) Caused by or at the direction of the insured with the knowledge that the act
Paragraph (6) of this exclusion does not apply would violate the rights of another and to "property damage" included in the would inflict "personal and advertising "products – completed operations hazard." injury";
l. Damage To Your Product (2) Arising out of oral or written publication of material, if done by or at the direction of "Property damage" to "your product" arising the insured with knowledge of its falsity; out of it or any part of it. m. Damage (3) Arising out of oral or written publication of To Your Work material whose first publication took place
"Property damage" to "your work" arising out before the beginning of the policy period; of it or any part of it and included in the
(4) Arising out of a criminal act committed by "products – completed operations hazard." or at the direction of any insured;
This exclusion does not apply if the damaged
work (5) For which the insured has assumed or the work out of which the damage liability in a contract or agreement. This arises was performed on your behalf by a exclusion does not apply to liability for subcontractor. damages that the insured would have in
n. Damage To Impaired Property Or Property the absence of the contract or agreement; Not Physically Injured
(6) Arising out of a breach of contract, except
"Property damage" to "impaired property" or an implied contract to use another's property that has not been physically injured, advertising idea in your "advertisement"; arising out of:
(7) Arising out of the failure of goods,
(1) A defect, deficiency, inadequacy or products or services to conform with any dangerous condition in "your product" or statement of quality or performance made "your work"; or in your "advertisement";
(2) A delay or failure by you or anyone acting (8) Arising out of the wrong description of the on your behalf to perform a contract or price of goods, products or services agreement in accordance with its terms. stated in your "advertisement"; This exclusion does not apply to the loss of (9) Committed by an insured whose business use of other property arising out of sudden is:
and accidental physical injury to "your
(a) Advertising, broadcasting, publishing product" or "your work" after it has been put to or telecasting; its intended use.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
(b) Designing or determining content of Damage To Premises Rented To You Limit of web-sites for others; or Insurance applies to this coverage as described in Paragraph D. Liability And (c) An Internet search, access, content Medical Expenses Limits of Insurance. or service provider.
q. Electronic Data However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal Damages arising out of the loss of, loss of use and advertising injury" under Paragraph of, damage to, corruption of, inability to F. Liability And Medical Expenses access, or inability to manipulate electronic Definitions. data.
For the purposes of this exclusion, the As used in this exclusion, electronic data placing of frames, borders or links, or means information, facts or programs stored advertising, for you or others anywhere as or on, created or used on, or transmitted to on the Internet, by itself, is not considered or from computer software, including systems the business of advertising, broadcasting, and applications software, hard or floppy publishing or telecasting. disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which (10)Arising out of the actual, alleged or are used with electronically controlled threatened discharge, dispersal, seepage, equipment. migration, release or escape of "pollutants" at any time. 2. Applicable To Medical Expenses Coverage (11)With respect to any loss, cost or expense We will not pay expenses for "bodily injury":
arising out of any:
a. To any insured, except "volunteer workers."
(a) Request, demand or order that any b. To a person hired to do work for or on behalf insured or others test for, monitor, of any insured or a tenant of any insured. clean-up, remove, contain, treat, detoxify or neutralize or in any way c. To a person injured on that part of premises respond to, or assess the effects of, you own or rent that the person normally "pollutants"; or occupies.
(b) Claim or "suit" by or on behalf of a d. To a person, whether or not an "employee" of governmental authority for damages any insured, if benefits for the "bodily injury" because of testing for, monitoring, are payable or must be provided under a cleaning up, removing, containing, workers' compensation or disability benefits treating, detoxifying or neutralizing or law or a similar law. in any way responding to, or
e. To a person injured while taking part in assessing the effects of, "pollutants." athletics.
(12)Arising out of an electronic chatroom or
f. Included within the "products – completed bulletin board the insured hosts, owns or operations hazard." over which the insured exercises control. g. Excluded under Business Liability Coverage. (13)Arising out of the infringement of copyright, patent, trademark, trade secret h. Due to war, whether or not declared, or any or other intellectual property rights. act or condition incident to war. War includes However, civil war, insurrection, rebellion or revolution. this exclusion does not apply to infringement, in your "advertisement," of 3. Applicable To Both Business Liability Coverage copyright, trade dress or slogan. And Medical Expenses Coverage – Nuclear Energy Liability Exclusion (14)Arising out of the unauthorized use of another's name or product in your e-mail This insurance does not apply:
address, domain name or metatags, or
any other similar tactics to mislead a. Under Business Liability Coverage, to "bodily another's potential customers. injury" or "property damage":
Exclusions c., d., e., (1) With respect to which an insured under f., g., h., i., k., l., m., n. and o. in Section II – Liability do not apply to the policy is also an insured under a damage by fire or explosion to premises while nuclear energy liability policy issued by rented to you, or temporarily occupied by you the Nuclear Energy Liability Insurance with permission of the owner. A separate Association, Mutual Atomic Energy SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 16 (Ed. 04/14)
10020006070384118608023
SB-300000-D
(Ed. 04/14)
Liability Underwriters or Nuclear (1) "By-product material" has the meaning Insurance Association of Canada, or given it in the Atomic Energy Act of 1954 would be an insured under any such or in any law amendatory thereof; policy but for its termination upon (2) "Hazardous properties" include exhaustion of its limit of liability; or radioactive, toxic or explosive properties; (2) Resulting from the "hazardous properties" (3) "Nuclear facility" means: of "nuclear material" and with respect to which: (a) Any "nuclear reactor";
(a) Any person or organization is (b) Any equipment or device designed or required to maintain financial used for:
protection pursuant to the Atomic
(i) Separating the isotopes of Energy Act of 1954, or any law uranium or plutonium; amendatory thereof; or
(ii) Processing or utilizing "spent (b) The insured is, or had this policy not fuel"; or been issued would be, entitled to
indemnity from the United States of (iii) Handling, processing or America, or any agency thereof, packaging "waste";
under any agreement entered into by
the United States of America, or any (c) Any equipment or device used for the agency processing, fabricating or alloying of thereof, with any person or organization. "special nuclear material" if at any
time the total amount of such material
b. Under Medical Expenses Coverage, to in the custody of the insured at the expenses incurred with respect to "bodily premises where such equipment or injury" resulting from the "hazardous device is located consists of or properties" of "nuclear material" and arising contains more than 25 grams of out of the operation of a "nuclear facility" by plutonium or uranium 233 or any any person or organization. combination thereof, or more than 250 grams of uranium 235; c. Under Business Liability Coverage, to "bodily injury" or "property damage" resulting from the (d) Any structure, basin, excavation, "hazardous properties" of the nuclear premises or place prepared or used material"; if: for the storage or disposal of "waste";
(1) The "nuclear material": and includes the site on which any of the foregoing is located, all operations (a) Is at any "nuclear facility" owned by, conducted on such site and all premises or operated by or on behalf of, an used for such operations; insured; or
(4) "Nuclear material" means "source (b) Has been discharged or dispersed material," "special nuclear material" or therefrom;
"byproduct material";
(2) The "nuclear material" is contained in
(5) "Nuclear reactor" means an apparatus "spent fuel" or "waste" at any time designed or used to sustain nuclear possessed, handled, used, processed, fission in a self-supporting chain reaction stored, transported or disposed of by or or to contain a critical mass of fissionable on behalf of an insured; or material;
(3) The "bodily injury" or "property damage"
(6) "Property damage" includes all forms of arises out of the furnishing by an insured radioactive contamination of property. of services, materials, parts or equipment in connection with the planning, (7) "Source material" has the meaning given construction, maintenance, operation or it in the Atomic Energy Act of 1954 or in use of any "nuclear facility"; but if such any law amendatory thereof; facility is located within the United States
of America, its territories or possessions (8) "Special nuclear material" has the or Canada, meaning given it in the Atomic Energy Act this Exclusion (3) applies only of 1954 or in any law amendatory thereof; to "property damage" to such "nuclear facility" and any property thereat. (9) "Spent fuel" means any fuel element or d. As used in this exclusion: fuel component, solid or liquid, which has SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 9 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
been used or exposed to radiation in a "employees" or "volunteer workers" are "nuclear reactor"; insureds for:
(10)"Waste" means any waste material: (1) "Bodily injury" or "personal and advertising injury": (a) Containing "by-product material" other than the tailings or wastes (a) To you, to your partners or members produced by the extraction or (if you are a partnership or joint concentration of uranium or thorium venture), to your members (if you are from any one processed primarily for a limited liability company), or to a its "source material" content; and co-"employee" while in the course of his or her employment or performing (b) Resulting from the operation by any duties related to the conduct of your person or organization of any business, or to your other "volunteer "nuclear facility" included under workers" while performing duties Paragraph (a) and (b) of the definition related to the conduct of your of "nuclear facility." business; C. Who Is An Insured (b) To the spouse, child, parent, brother
1. If you are designated in the Declarations as: or sister of that co-"employee" as a consequence of Paragraph (a)
a. An individual, you and your spouse are above;
insureds, but only with respect to the conduct
of a business of which you are the sole (c) For which there is any obligation to owner. share damages with or repay
someone else who must pay
b. A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners and described in Paragraphs (a) or (b); or their spouses are also insureds, but only with
respect to the conduct of your business. (d) Arising out of his or her providing or failing to provide professional health
c. A limited liability company, you are an care services. insured. Your members are also insureds, but
only with respect (2) "Property damage" to property: to the conduct of your business. Your managers are insureds, but (a) Owned, occupied or used by, only with respect to their duties as your managers. (b) Rented to, in the care, custody or
control of, or over which physical d. An organization other than a partnership, joint control is being exercised for any venture or limited liability company, you are purpose by an insured. Your "executive officers" and
directors are insureds, but only with respect to you, any of your "employees," "volunteer their duties as your officers or directors. Your workers," any partner or member (if you stockholders are also insureds, but only with are a partnership or joint venture), or any respect to their liability as stockholders. member (if you are a limited liability company).
e. A trust, you are an Insured. Your trustees are
also insureds, but only with respect to their b. Any person (other than your "employee" or duties as trustees. "volunteer worker"), or any organization while acting as your real estate manager. 2. Each of the following is also an insured:
c. Any person or organization having proper
a. Your "volunteer workers" only while temporary custody of your property if you die, performing duties related to the conduct of but only:
your business, or your "employees," other
than either your "executive officers" (if you are (1) With respect to liability arising out of the an organization other than a partnership, joint maintenance or use of that property; and venture or limited liability company) or your (2) Until your legal representative has been managers (if you are a limited liability appointed. company), but only for acts within the scope of their employment by you or while d. Your legal representative if you die, but only performing duties related to the conduct of with respect to duties as such. That your business. However, none of these representative will have all your rights and duties under this policy.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 10 of 16 (Ed. 04/14)
10020006070384118608024
SB-300000-D
(Ed. 04/14)
3. With respect to "mobile equipment" registered in a. Injury or damages under the "products your name under any motor vehicle registration completed operations hazard" arising from all law, any person is an insured while driving such "occurrences" during the policy period is the equipment along a public highway with your Products-Completed Operations Aggregate permission. Any other person or organization Limit shown in the Declarations. responsible for the conduct of such person is also b. All other injury or damages, including medical an insured, but only with respect to liability arising expenses, arising from all "occurrences" out of the operation of the equipment, and only if during the policy period is the General no other insurance of any kind is available to that Aggregate Limit shown in the Declarations. person or organization for this liability. However, no person or organization is an insured with This General Aggregate Limit applies respect to: separately to each of your "locations" owned by or rented to you. a. "Bodily injury" to a co-"employee" of the person driving the equipment; or "Location" means premises involving the same or connecting lots, or premises whose b. "Property damage" to property owned by, connection is interrupted only by a street, rented to, in the charge of or occupied by you roadway or right-of-way of a railroad. or the employer of any person who is an insured under this provision. This aggregate Limit does not apply to "property damage" to premises rented to you 4. Any organization you newly acquire or form, other arising out of fire, lightning or explosion. than a partnership or joint venture, and over which you maintain ownership of majority interest, will 3. Subject to item 2. above, the most we will pay for qualify as a Named Insured if there is no other the sum of all damages because of all "bodily similar insurance available to that organization. injury," "property damage" and medical expenses However: arising out of any one "occurrence" is the Liability and Medical Expense Limit shown in the a. Coverage under this provision is afforded only Declarations. until the 90th day after you acquire or form the organization or the end of the policy period, The most we will pay for all medical expenses whichever is earlier; because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in b. Bodily Injury and Property Damage coverage the Declarations. does not apply to "bodily injury" or "property damage" that occurred before you acquired or 4. Subject to item 2. above, the most we will pay for formed the organization; and the sum of all damages because of all "personal and advertising injury" sustained by any one c. Personal and Advertising Injury coverage person or organization is the Personal and does not apply to "personal injury" or Advertising Injury Limit shown in the Declarations. "advertising injury" arising out of an offense committed before you acquired or formed the 5. The most we will pay under Business Liability organization. Coverage for damages because of "property damage" to premises rented to you, or in the case No person or organization is an insured with of fire, while rented to you or temporarily occupied respect to the conduct of any current or past by you with permission of the owner, is the partnership, joint venture or limited liability Damage To Premises Rented To You Limit shown company that is not shown as a Named Insured in in the Declarations. the Declarations.
The Damage to Premises Rented To You Limit D. Liability And Medical Expenses Limits Of applies to all damage proximately caused by the Insurance same event, whether such damage results from
1. The Limits of Insurance shown in the Declarations fire, lightning, or explosion or any combination of and the rules below fix the most we will pay the three. regardless of the number of: If more than one limit of insurance under this a. Insureds; policy and any endorsements attached thereto applies to any claim or "suit," the most we will pay b. Claims made or "suits" brought; or under this policy and the endorsements is the c. Persons or organizations making claims or single highest limit of liability of all coverages bringing "suits." applicable to such claim or "suit." However, this paragraph does not apply to the Medical
2. The most we will pay for: Expenses limit set forth in paragraph 3. above.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 11 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
The Limits of this policy apply separately to each damage to which this insurance may also consecutive annual period and to any remaining apply.
period of less than 12 months, starting with the d. No insured will, except at that insured's own beginning of the policy period shown in the cost, voluntarily make a payment, assume Declarations, unless the policy period is extended any obligation, or incur any expense, other after issuance for an additional period of less than than for first aid, without our consent. 12 months. In that case, the additional period will be deemed part of the last preceding period for 3. Financial Responsibility Laws purposes of determining the Limits of Insurance.
a. When this policy is certified as proof of
E. Businessowners Liability Conditions financial responsibility for the future under the provisions of any motor vehicle financial 1. Bankruptcy responsibility law, the insurance provided by Bankruptcy or insolvency of the insured or of the the policy for "bodily injury" liability and insured's estate will not relieve us of our "property damage" liability will comply with the obligations under this policy. provisions of the law to the extent of the coverage and limits of insurance required by 2. Duties In The Event Of Occurrence, Offense, that law. Claim Or Suit b. With respect to "mobile equipment" to which
a. You must see to it that we are notified as soon this insurance applies, we will provide any as practicable of an "occurrence" or an liability, uninsured motorists, underinsured offense which may result in a claim. To the motorists, no-fault or other coverage required extent possible, notice should include: by any motor vehicle law. We will provide the (1) How, when and where required limits for those coverages. the "occurrence" or offense took place; 4. Legal Action Against Us
(2) The names and addresses of any injured No person or organization has a right under this persons and witnesses; and policy:
(3) The nature and location of any injury or a. To join us as a party or otherwise bring us into damage arising out of the "occurrence" or a "suit" asking for damages from an insured; offense. or b. If a claim is made or "suit" is brought against b. To sue us on this policy unless all of its terms any insured, you must: have been fully complied with.
(1) Immediately record the specifics of the A person or organization may sue us to claim or "suit" and the date received; and recover on an agreed settlement or on a final (2) Notify us as soon as practicable. judgment against an insured; but we will not be liable for damages that are not payable
You must see to it that we receive written under the terms of this policy or that are in notice of the claim or "suit" as soon as excess of the applicable limit of insurance. An practicable. agreed settlement means a settlement and
c. You release of liability signed by us, the insured and any other involved insured must:
and the claimant or the claimant's legal
(1) Immediately send us copies of any representative.
demands, notices, summonses or legal
5. Separation Of Insureds papers received in connection with the claim or "suit"; Except with respect to the Limits of Insurance in this policy, and any rights or duties specifically (2) Authorize us to obtain records and other assigned in this policy to the first Named Insured, information; this insurance applies:
(3) Cooperate with us in the investigation, or
a. As if each Named Insured were the only settlement of the claim or defense against Named Insured; and the "suit"; and
(4) Assist us, upon our request, in the b. Separately to each insured against whom claim is made or "suit" is brought. enforcement of any right against any person or organization that may be liable
to the insured because of injury or
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 12 of 16 (Ed. 04/14)
10020006070384118608025
SB-300000-D
(Ed. 04/14)
6. Unintentional Failure to Disclose Hazards merits in the territory described in Paragraph a. above or in a settlement we agree to. It is agreed that based on our reliance on your representations as to existing hazards, if 5. "Employee" includes a "leased worker." unintentionally you should fail to disclose all such "Employee" does not include a "temporary hazards at the inception date of your policy, we worker." shall not deny any coverage under this Coverage 6. "Executive officer" means a person holding any of Form because of such failure. the officer positions created by your charter, F. Liability And Medical Expenses Definitions constitution, by-laws or any other similar governing document. 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 7. "Hostile fire" means one which becomes market segments about your goods, products or uncontrollable or breaks out from where it was services for the purpose of attracting customers or intended to be. supporters. For the purposes of this definition: 8. "Impaired property" means tangible property, other a. Notices that are published include material than "your product" or "your work," that cannot be placed on the Internet or on similar electronic used or is less useful because:
means of communication; and
a. It incorporates "your product" or "your work"
b. Regarding web-sites, only that part of a web- that is known or thought to be defective, site that is about your goods, products or deficient, inadequate or dangerous; or services for the purposes of attracting b. You have failed to fulfill the terms of a contract customers or supporters is considered an or agreement; advertisement.
if such property can be restored to use by: 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, (1) The repair, replacement, adjustment or including any attached machinery or equipment. removal of "your product" or "your work"; But "auto" does not include "mobile equipment." or
3. "Bodily injury" means bodily injury, sickness or (2) Your fulfilling the terms of the contract or disease sustained by a person, including death agreement. resulting from any of these at any time.
9. "Insured contract" means:
4. "Coverage territory" means:
a. A contract for a lease of premises. However,
a. The United States of America (including its that portion of the contract for a lease of territories and possessions), Puerto Rico and premises that indemnifies any person or Canada; organization for damage by fire to premises
while rented to you or temporarily occupied by b. International waters or airspace, but only if the you with permission of the owner is not an injury or damage occurs in the course of travel "insured contract"; or transportation between any places included in Paragraph a. above; or b. A sidetrack agreement;
c. All other parts of the world if the injury or c. Any easement or license agreement, except damage arises out of: in connection with construction or demolition operations on or within 50 feet of a railroad; (1) Goods or products made or sold by you in the territory described in Paragraph a. d. An obligation, as required by ordinance, to above; indemnify a municipality, except in connection
with work for a municipality; (2) The activities of a person whose home is in the territory described in Paragraph a. e. An elevator maintenance agreement; above, but is away for a short time on
f. That part of any other contract or agreement your business; or pertaining to your business (including an
(3) "Personal and advertising injury" offenses indemnification of a municipality in connection that take place through the Internet or with work performed for a municipality) under similar electronic means of which you assume the tort liability of another communication; party to pay for "bodily injury" or "property damage" to a third person or organization. provided the insured's responsibility to pay Tort liability means a liability that would be damages is determined in a "suit" on the SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 13 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
imposed by law in the absence of any 12. "Mobile equipment" means any of the following contract or agreement. types of land vehicles, including any attached machinery or equipment: Paragraph f. does not include that part of any contract or agreement: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads; injury" or "property damage" arising out of construction or demolition operations, b. Vehicles maintained for use solely on or next within 50 feet of any railroad property and to premises you own or rent; affecting any railroad bridge or trestle,
c. Vehicles that travel on crawler treads; tracks, road beds, tunnel, underpass or crossing; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out (1) Power cranes, shovels, loaders, diggers of: or drills; or
(a) Preparing, approving or failing to (2) Road construction or resurfacing prepare or approve maps, drawings, equipment such as graders, scrapers or opinions, reports, surveys, change rollers;
orders, designs or specifications; or
e. Vehicles not described in Paragraphs a., b., c.
(b) Giving directions or instructions, or or d. above that are not self-propelled and are failing to give them, if that is the maintained primarily to provide mobility to primary cause of the injury or permanently attached equipment of the damage; or following types:
(c) Under which the insured, if an (1) Air compressors, pumps and generators, architect, engineer or surveyor, including spraying, welding, building assumes liability for an injury or cleaning, geophysical exploration, lighting damage arising out of the insured's and well servicing equipment; or rendering or failure to render
(2) Cherry pickers and similar devices used professional services, including those to raise or lower workers; listed in Paragraph (2) above and supervisory, inspection or f. Vehicles not described in Paragraphs a., b., c. engineering services. or d. above maintained primarily for purposes other than the transportation of persons or 10. "Leased worker" means a person leased to you by cargo. a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties However, self-propelled vehicles with the related to the conduct of your business. "Leased following types of permanently attached worker" does not include a "temporary worker." equipment are not "mobile equipment" but will be considered "autos": 11. "Loading or unloading" means the handling of property: (1) Equipment designed primarily for:
a. After it is moved from the place where it is (a) Snow removal; accepted for movement into or onto an
aircraft, watercraft or (b) Road maintenance, but not "auto"; construction or resurfacing; or
b. While it is in or on an aircraft, watercraft or
(c) Street cleaning; "auto"; or
c. While it is being moved from an aircraft, (2) Cherry pickers and similar devices watercraft or "auto" to the place where it is mounted on automobile or truck chassis finally delivered; and used to raise or lower workers; and but (3) Air compressors, pumps and generators, "loading or unloading" does not include the movement of property by means of a mechanical including spraying, welding, building device, other than a hand truck, that is not cleaning, geophysical exploration, lighting attached and well servicing equipment. to the aircraft, watercraft or "auto."
13. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 14 of 16 (Ed. 04/14)
10020006070384118608026
SB-300000-D
(Ed. 04/14)
14. "Personal and advertising injury" means injury, replacement, but which is otherwise including consequential "bodily injury," arising out complete, will be treated as completed. of one or more of the following offenses: The "bodily injury" or "property damage" must a. False arrest, detention or imprisonment; occur away from premises you own or rent, unless your business includes the selling, b. Malicious prosecution; handling or distribution of "your product" for c. The wrongful eviction consumption on premises you own or rent. from, wrongful entry into, or invasion of the right of private b. Does not include "bodily injury" or "property occupancy of a room, dwelling or premises damage" arising out of: that a person occupies, committed by or on behalf of its owner, landlord or lessor; (1) The transportation of property, unless the injury or damage arises out of a condition d. Oral or written publication, in any manner, of in or on a vehicle not owned or operated material that slanders or libels a person or by you, and that condition was created by organization or disparages a person's or the "loading or unloading" of that vehicle organization's goods, products or services; by any insured; or e. Oral or written publication, in any manner, of (2) The existence of tools, uninstalled material that violates a person's right of equipment or abandoned or unused privacy; materials. f. The use of another's advertising idea in your 17. "Property damage" means: "advertisement"; or a. Physical injury to tangible property, including
g. Infringing upon another's copyright, trade all resulting loss of use of that property. All dress or slogan in your "advertisement." such loss of use shall be deemed to occur at
15. "Pollutants" mean any solid, the time of the physical injury that caused it; liquid, gaseous or thermal irritant or contaminant, including smoke, or
vapor, soot, fumes, acids, alkalis, chemicals and b. Loss of use of tangible property that is not waste. Waste includes materials to be recycled, physically injured. All such loss of use shall be reconditioned or reclaimed deemed to occur at the time of the
16. "Products – completed operations hazard": "occurrence" that caused it. a. Includes all "bodily injury" and "property For the purposes of this insurance, electronic data damage" occurring away is not tangible property. from premises you own or rent and arising out of "your product" As used in this definition, electronic data means or "your work" except: information, facts or programs stored as, created (1) Products that are still in your physical or used on, or transmitted to or from computer possession; or software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes,
(2) Work that has not yet been completed or drives, cells, data processing devices or any other abandoned. However, "your work" will be media which are used with electronically deemed completed at the earliest of the controlled equipment. following times:
18. "Software" means:
(a) When all of the work called for in your
contract has been completed. a. Electronic data processing, recording or storage media such as films, tapes, cards,
(b) When all of the work to be done at discs, drums or cells; and the job site has been completed if
your contract calls for work at more b. Data and programming records used for than one job site. electronic data processing or electronically controlled equipment stored on such media;
(c) When that part of the work done at and
the job site has been put to its
c. Written or printed data, such as programs, intended use by any other person or organization other than another routines, and symbolic languages, essential to contractor or subcontractor working the operation of computers; and on the same project. d. Documents containing information on the Work operation and maintenance of computers. that may need service, maintenance, correction, repair or
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 15 of 16 (Ed. 04/14)
SB-300000-D
(Ed. 04/14)
19. "Suit" means a civil proceeding in which damages (c) A person or organization whose because of "bodily injury," "property damage," business or assets you have "personal and advertising injury" to which this acquired; and insurance applies are alleged. "Suit" includes: (2) Containers (other than vehicles), a. An arbitration proceeding in which such materials, parts or equipment furnished in damages are claimed and to which the connection with such goods or products. insured must submit or does submit with our b. Includes: consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your product"; and our consent. (2) The providing of or failure to provide 20. "Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- c. Does not include vending machines or other term workload conditions. property rented to or located for the use of others but not sold. 21. "Volunteer worker" means a person who is not your "employee," and who donates his or her work 23. "Your work":
and acts at the direction of and within the scope of
a. Means: duties determined by you, and is not paid a fee, salary or other compensation by you or anyone (1) Work or operations performed by you or else for their work performed for you. on your behalf; and
22. "Your product": (2) Materials, parts or equipment furnished in connection with such work or operations. a. Means:
b. Includes: (1) Any goods or products, other than real property, manufactured, sold, handled, (1) Warranties or representations made at distributed or disposed of by: any time with respect to the fitness, quality, durability, performance or use of (a) You;
"your work"; and
(b) Others trading under your name; or
(2) The providing of or failure to provide
warnings or instructions.
SB-300000-D Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 16 of 16 (Ed. 04/14)
10020006070384118608027
SB300129C
(Ed. 10-19)
TARGETED HACKER ATTACK
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
The following coverage is added to your Businessowners Special Property Coverage Form under Paragraph A.6.
Coverage Extensions. Unless otherwise stated, payments made under this Coverage Extension are subject to and not in addition to the applicable Limits of Insurance.
Targeted Hacker Attack
1. We will pay up to the Limits of Insurance indicated in Paragraphs 9. and 10. below, for the following:
a. Corruption, distortion, deletion, damage or destruction of your "electronic data" caused by or resulting from a "targeted hacker attack."
b. Subject to paragraph 8. below, actual loss of Business Income you sustain due to the necessary "suspension" of your "operations" during the "period of restoration." The "suspension" must be caused by the necessary interruption or suspension of your "electronic data processing equipment" resulting from a "targeted hacker attack" that corrupts, distorts, deletes, damages or destroys your "electronic data." c. Subject to paragraph 8. below, with respect to a "suspension" of your "operations" as described in paragraph 1.b. above, the "extra expense" (other than the expense to repair or replace property) to:
(1) Avoid or minimize the "suspension" of business and to continue "operations"; or (2) Minimize the "suspension" of business if you cannot continue "operations."
2. Worldwide coverage is provided under this Coverage Extension. The coverage territory as described in Paragraph F.8.b does not apply to this Coverage Extension.
3. This Coverage Extension does not apply to:
a. "Stock"; or
b. Property that is licensed, leased or rented to others.
4. The following exclusions as described in Section B., Exclusions, of the Businessowners Special Property Coverage Form do not apply to this Coverage Extension:
a. Paragraph 1.j.; and
b. Paragraph 1.k.
5. The following additional exclusions apply:
With respect to this Coverage Extension, we will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
a. Programming errors or omissions, or incorrect instructions to a machine, including without limitation, incorrect instructions to "electronic data processing equipment" from a user incorrectly operating with, or committing an error using, an input device (including, without limitation, a keyboard, mouse or touchpad) and corrupting, distorting, deleting, damaging or destroying "electronic data." b. Misappropriation, theft, copying, transfer or unauthorized viewing of any property, proprietary or confidential information, "money," "securities," "stock," "electronic data processing equipment" "electronic media and data" or "electronic data" including without limitation, the use of any computer to cause such misappropriation, transfer or copying.
c. Errors or deficiency in design, installation, maintenance, repair or modification of your "electronic data processing equipment," "electronic media and data" or "electronic data" or any "electronic data processing equipment," electronic devices, computer system or network to which your "electronic data processing equipment" "electronic media and data" or "electronic data" is connected or dependent; provided, however, this exclusion shall not apply with respect to any such error or deficiency in design, installation, maintenance, repair or modification that is exploited as part of an otherwise covered " targeted hacker attack." SB300129C (Ed. 10-19) Page 1 of 2
Copyright CNA All Rights Reserved.
SB300129C
(Ed. 10-19)
d. Unexplained or indeterminable failure, malfunction or slowdown of an "electronic data processing equipment" "electronic media and data" or "electronic data."
e. Suspension, interruption, delay, disruption, loss of functionality of, inaccessibility to, or inability to use or communicate with, any "electronic data processing equipment," "electronic media and data," "electronic data," computer resource, electronic device, computer system, computer network or equipment. f. "Mass attack malware."
g. "Mass system penetration."
6. The following definitions apply to this Coverage Extension:
a. Business Income means:
(1) Net Income (Net Profit or Loss before Income taxes) that would have been earned or incurred, including; plus (2) Continuing normal operating expenses incurred, including payroll. b. Extra Expense means reasonable and necessary expenses you incur during the "period of restoration" that you would not have incurred if there had been no necessary interruption or suspension of your "electronic data processing equipment" resulting from a "targeted hacker attack" that corrupts, distorts, deletes, damages or destroys your "electronic data." Provided, however, that Extra Expense shall not mean the costs you incur to copy, research, replace or restore "electronic data."
7. For purposes of this Coverage Extension only, the definition for "period of restoration" as set forth in the Businessowners Special Property Coverage Form is changed to the following (the definition shall remained unchanged with respect to all other parts of the policy):
"Period of restoration" means the period of time that:
a. Begins on the date and time of the necessary interruption or suspension of your "electronic data processing equipment"; and
b. Ends on the date and time that the necessary interruption or suspension of your "electronic data processing equipment" ends, or would have ended had you acted with due diligence and dispatch.
Provided, however, that "period of restoration" shall not mean more than, or exceed, thirty (30) days. The expiration date of this policy will not cut short the "period of restoration."
8. We shall not be liable for any payment for the "extra expense" you incur, and loss of Business Income you sustain, during the first 12 hours following the date and time the necessary interruption or suspension of your "electronic data processing equipment" begins; provided, however, if the "business income and extra expense" – 72 Hour Deductible endorsement is part of this policy, the "12 hours" reference in this paragraph shall be changed to "72 hours" and the 72 hour deductible stated in that endorsement shall apply with respect to this Coverage Extension.
9. The most we will pay in the aggregate under this Coverage Extension and the policy for all corruption, distortion, deletion, damage, destruction or any other harm to "electronic data" (combined) caused by or resulting from a "targeted hacker attack," during each separate 12 month period of this policy beginning with the effective date of this policy, is $25,000 or the limit shown on the Declaration page.
10. The most we will pay in the aggregate under this Coverage Extension and the policy for all "extra expense" and loss of "business income" (combined) during each separate 12 month period of this policy beginning with the effective date of this policy is $25,000.
SB300129C (Ed. 10-19) Page 2 of 2
Copyright CNA All Rights Reserved.
10020006070384118608028
SB300139C
(Ed. 4-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PROTECTIVE SAFEGUARDS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
SCHEDULE*
Prem. Protective Safeguards
No. Symbols Applicable
1 P1 Automatic Sprinkler
Describe any "P-9":
Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
A. The following is added to the Property Loss Conditions in the Businessowners Special Property Coverage Form:
PROTECTIVE SAFEGUARDS
1. As a condition of this insurance, you are required to maintain the protective devices or services listed in the Schedule above.
SB300139C (Ed. 4-14) Policy No: