10/23/2023
Colony West Financial Insurance Services, Inc.
License # 0C42420
3843 S. Bristol Street #606
Santa Ana CA 92704
Certificates Dept.
(714) 542-4870 (714) 542-4871
[email protected]
Excelsior Elevator Corp
1961 Blair Ave
Santa Ana CA 92705
Great American Insurance Company 16691
Liberty Insurance Underwriters Inc 19917
CompWest Insurance Company 12177
23-24 Master Cert
A Y Y GLP132442606 04/01/2023 04/01/2024
1,000,000
300,000
10,000
1,000,000
4,000,000
4,000,000
Elevator Project General
Aggregate
4,000,000
B 1000473122-03 04/01/2023 04/01/2024
1,000,000
1,000,000
C Y CW WCP 100056512 02 06/12/2023 06/12/2024
1,000,000
1,000,000
1,000,000
City of Redondo Beach is included as Additional Insured with regards to General Liability on a Primary and Non-contributory basis with Waiver of Subrogation in favor of Additional insureds per attached endorsement forms.
City of Redondo Beach
531 N. Gertruda Ave.
Redondo Beach CA 90277
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Excess Insurance Policy
231-XS (Ed. 01 13)
1 1
LIBERTY INSURANCE UNDERWRITERS INC.
(A Stock Insurance Company, hereinafter the "Insurer")
ENDORSEMENT NO. 18
Named Insured: Excelsior Elevator Corporation
Policy Number: 1000473122-02
Effective Date: 04/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
recovery in a written
aived
the right of recovery.
This endorsement does not change any other provision of the policy.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/12/2023 Policy No. CW WCP 100056512 02 Endorsement No.
Insured EXCELSIOR ELEVATOR CORPORATION Premium: $0
Insurance Company COMPWEST INSURANCE
COMPANY
Countersigned by __________________________________________ WC 99 03 13 C
(Ed. 7-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be $ 500.
Schedule
Person or Organization Description
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Excess Insurance Policy
XS-E002-1016
1 1
LIBERTY INSURANCE UNDERWRITERS INC.
(A Stock Insurance Company, hereinafter the "Insurer")
ENDORSEMENT NO. 17
Named Insured: Excelsior Elevator Corporation
Policy Number: 1000473122-02
Effective Date: 04/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE AMENDMENT PRIMARY AND NON-CONTRIBUTORY
Paragraph F. Other Insurance under Section V. CONDITIONS of our policy is deleted and replaced with the following:
F. Other Insurance
insurance. Nothing herein will be construed to make this policy subject to the definitions, terms, conditions and exclusions of such other insurance. However:
1. This provision will not apply if the other insurance is specifically written to be excess of this policy.
2. If a written contract requires that this insurance be primary and non-contributory with respect to an additional insured covered by this insurance, we will not seek contribution from any other insurance where that additional insured is a Named Insured under such other insurance.
This endorsement does not change any other provision of the policy. * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
- SCHEDULED PERSON OR ORGANIZATION
CG 20 10 (Ed. 12/19)
CG 20 10 (Ed. 12/19)
© Insurance Services Office, Inc., 2018
(Page 1 of 2)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION THAT YOU ARE
REQUIRED AND AGREED TO NAME
ANY LOCATION WITHIN THE "COVERAGE
TERRITORY". AS AN ADDITIONAL INSURED ON YOUR POLICY
UNDER:
1. WRITTEN CONTRACT OR AGREEMENT THAT IS IN
EFFECT DURING THE TERM
OF THIS POLICY AND SUCH CONTRACT IS ENTERED
INTO PRIOR TO THE
"OCCURRENCE" OF ANY "BODILY INJURY",
"PROPERTY DAMAGE", "PERSONAL
INJURY" OR "ADVETISING INJURY", OR
2. AN ORAL CONTRACT OR ORAL AGREEMENT WITH
A PERSON OR ORGANIZATION
WHEN A CERTIFICATE OF INSURANCE SHOWING
THAT PERSON OR ORGANIZATION
AS AN ADDITIONAL INSURED HAS BEEN ISSUED; AND
SUCH ORAL CONTRACT OR
ORAL AGREEMENT IS IN EFFECT DURING THE TERM
OF THIS POLICY AND IS
ENTERED INTO PRIOR TO THE "OCCURRENCE" OF
ANY "BODILY INJURY"
"PROPERTY DAMAGE", "PERSONAL INJURY", OR
"ADVERTISING INJURY".
"PROPERTY DAMAGE", "PERSONAL INJURY", OR
"ADVERTISING INJURY".
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
* HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429
© Insurance Services Office, Inc., 2018
CG 20 10 (Ed. 12/19) (Page 2 of 2)
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page1 of 14)
CG 90 53 (Ed. 04/16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELEVATOR CONTRACTOR PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMON POLICY CONDITIONS
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This isa summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the actual policy wording.
Coverage Limit of Insurance Page
Non-Owned Aircraft Included2
Non-Owned Watercraft Included2
Property Damage Elevators Included3
Property Damage Liability- Borrowed Equipment Included3 Damage to Premises Rented to You $300,0003
Medical Payments Extension $10,0004
Supplementary Payments- Bail Bonds $1,0005
Supplementary Payments- Loss of Earnings $5005
Broadened Named Insured Included5
Newly Formed or Acquired Organization Included5
Additional Insureds When Required by Written Contract, Included6 Written Agreement or Permit
Primary and Non-Contributory Additional Insured Extension Included 10 Additional Insureds- Limits of Insurance Included 11
Knowledge of Occurrence, Claim or Suit Included 11
Unintentional Failure to Disclose Hazards Included 11
Notice of Occurrence Included 11
Amended Bodily Injury Definition Included 12
Broadened Mobile Equipment Included 12 * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page2 of 14)
Coverage Limit of Insurance Page
Personal and Advertising Injury Definition Amendment Included 12 of Discrimination and Humiliation
Incidental Malpractice Liability Included 12
Waiver of Transfer of Rights of Recovery Against Others to Us Included 13 Amended Insured Contract Definition Included 13
Notice of Cancellation to Certificate Holder(s) Included 14 A. Non-Owned Aircraft
Under paragraph 2. Exclusions of SECTIONI- CoverageA- Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned witha trained paid crew;
3. The pilot in command holdsa currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or hera commercial or airline pilot; and
4. It is not being used to carry persons or property fora charge.
However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. Non-Owned Watercraft
1. Under Paragraph 2. Exclusions of SECTIONI- CoverageA- Bodily Injury and Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2)A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property fora charge; However, the insurance afforded by this provision does not apply to watercraft 27 to 51 feet long if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page3 of 14)
2. The following is added to SECTION II- WHO IS AN INSURED:
With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property fora charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability.
However, no person or organization is an insured with respect to:
a. "Bodily injury" toa co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in charge of or occupied by you or the employer of any person who is an insured under this provision.
C. Property Damage- Elevators
1. Under Paragraph 2. Exclusions of SECTIONI- CoverageA- Bodily Injury and Property Damage Liability, Subparagraphs (3), and (4) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators.
2. The following is added to SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
D. Property Damage Liability- Borrowed Equipment
1. Under Paragraph 2. Exclusions of SECTIONI- CoverageA- Bodily Injury and Property Damage Liability, Subparagraph (3), and (4) of exclusion j. Damage To Property do not apply to "property damage" to borrowed equipment while not being used to perform operations ata job site.
The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
E. Damage To Premises Rented To You
If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of SECTIONI- CoverageA- Bodily Injury and Property Damage Liability:
3. The last paragraph of Paragraph 2. Exclusions is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in SECTION III- LIMITS OF INSURANCE. * HB * 03/22/2023 * GLP 1324426 06 GREATAMERICAN INSURANCECOMPANY 10842
9 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page4 of 14)
2. Paragraph 6. under SECTION III- LIMITS OF INSURANCE is deleted in its entirety and replaced with the following:
6. Subject to Paragraph 5. above, the most we will pay under COVERAGEA for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, or "explosion" while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion" proximately caused by the same event, whether such damage results from fire, lightning, or "explosion" or any combination of the three, shall be the greater of:
a. $300,000; or
b. the amount shown in DAMAGE TO PREMISES RENTED TO YOU-INCREASED LIMIT, CG8449, if attached to the Policy.
3. Under SECTION IV- Commercial General Liability Conditions, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, item (ii) where the words "Fire insurance" appear they are changed to "insurance for fire, lightning, or "explosion.""
4. As regards coverage provided by this provision E. DAMAGE TO PREMISES RENTED TO YOU, Paragraph 9.a. of SECTIONV- DEFINITIONS is replaced with the following:
a.A contract fora lease of premises. However, that portion of the contract fora lease of premises that indemnifies any person or organization for damage by fire, lightning, or "explosion", to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract".
5. As regards coverage provided by this provision E. DAMAGE TO PREMISES RENTED TO YOU, SECTIONV- DEFINITIONS is amended by the addition of the following definition:
"Explosion" meansa sudden release of expanding pressure accompanied bya noise,a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone.
Explosion does not include any of the following:
(a) artificially generated electrical current including electrical arcing, that disturbs electrical devices, appliances or wires;
(b) rupture or bursting of water pipes;
(c) explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or
(d) rupture or bursting caused by centrifugal force.
F. Medical Payments Extension
If CoverageC- Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:
Under paragraph 1.a. Insuring Agreement of SECTIONI- CoverageC- Medical Payments, paragraph 1.a.(b) is amended as follows: * HB * 03/22/2023 * GLP 1324426 06 GREA TAMERICAN INSURANCECOMPANY 10842
9 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page5 of 14)
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
The Medical Expense Limit in paragraph 7. of SECTION III-LIMITS OF INSURANCE is replaced by the following Medical Expense Limit:
The Medical Expense Limit provided by this Policy shall be the greater of:
a. $10,000; or
b. the amount shown in the Declarations for Medical Expense Limit.
This provision 7. is subject to all the terms of SECTION III- LIMITS OF INSURANCE.
G. Supplementary Payments
1. In the Supplementary Payments- CoveragesA andB provision, paragraph 1.b. is replaced with:
b. Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. In the Supplementary Payments- CoveragesA andB provision, paragraph 1.c. is replaced with:
c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds.
3. In the Supplementary Payments- CoveragesA andB provision, paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500a day because of time off work.
H. Broadened Named Insured
Under SECTION II- WHO IS AN INSURED, the following item 2.e. is added:
e. Any subsidiary and subsidiary thereof, of yours which isa legally incorporated entity of which you owna financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part asa Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance.
I. Newly Formed or Acquired Organizations
Paragraph 3. of SECTION II- WHO IS AN INSURED is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify asa Named Insured if there is no other similar insurance available to that organization. However: * HB * 03/22/2023 * GLP 1324426 0 6GREATAMERICAN INSURANCECOMPANY 10842
9 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page6 of 14)
a. coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. coverageA does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization;
c. coverageB does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown asa Named Insured in the Declarations or qualifies as an insured under this provision.
J. Blanket Additional Insureds When Required by Written Contract, Written Agreement or Permit The following is added to SECTION II- WHO IS AN INSURED:
4. Additional Insureds When Required by Written Contract, Written Agreement or Permit a. The persons or organizations described in paragraphs b. through g. below are also insureds (and may also be referred to below as additional insureds), but only if:
(1) either:
(a) you have agreed, ina written contract or oral agreement, to have such person or organization added as an additional insured under this Policy; or (b)a permit issued to you bya state or political subdivision requires such person or organization to be added as an additional insured under this Policy; and
(2) the "bodily injury," "property damage," or offense causing "personal and advertising injury" occurs subsequent to execution of the contract or agreement, or issuance of the permit.
No person or organization is an additional insured under paragraphs b. through g. if such person or organization is an insured by virtue of an endorsement issued by us and attached to this Policy.
b. Vendors
(1) Subject to a., above, any person or organization that distributes or sells "your product" in the regular course of that person's or organization's business (referred to below as vendor) as an additional insured, 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, and only if this Policy provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." * HB * 03/22/2023 * GLP 132
442606GREATAMERICAN INSURANCECOMPANY 10842
9 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page7 of 14)
However:
(a) the insurance afforded to such vendor only applies to the extent permitted by law; and
(b) the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. (2) No vendor is an insured with respect to any:
(a) "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability ina 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) express warranty unauthorized by you;
(c) physical or chemical change in the product made intentionally by the vendor; (d) repackaging, except when "your product" is 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) 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 product; (f) demonstration, installation, servicing or repair of "your product," except such operations performed at the vendor's premises in connection with the sale of the product;
(g) product which, after distribution or sale by you. Has been labeled or relabeled or used asa container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "bodily injury" or "property damage" arising out of the sole negligence of:
(i) the vendor for its own acts or omissions; or
(ii) the vendor's employees or anyone else acting on its behalf.
However, paragraph (h) does not apply to:
(i) the exceptions contained in subparagraphs (d) or (f); or (ii) 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. (3) The coverage afforded for vendors under paragraph b. does not apply to any person or organization from whom you have acquired either such products, or any ingredient, part or container, entering into, accompanying or containing such products. * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page8 of 14)
c. Lessors of Equipment
(1) Subject to a., above, any person or organization from whom you lease equipment is an additional insured, 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 equipment you lease from that person or organization. However:
(a) the insurance afforded to such additional insured only applies to the extent permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an additional insured as respects any:
(a) "occurrence" which takes place before the equipment lease begins or after the equipment lease expires, or
(b) "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such person(s) or organization(s). d. Lessors of Land or Premises
(1) Subject toa., above, any person or organization from whom you lease land or premises is an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you.
However:
(a) the insurance afforded to such additional insured only applies to the extent permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an additional insured as respects any:
(a) "occurrence" that takes place before you lease that land or premises; or (b) "occurrence" that takes place after your lease ends; or (c) structural alteration, new construction or demolition operation performed by or on behalf of such person(s) or organization(s).
e. Architects, Engineers or Surveyors
(1) Subject to a., above, any person or organization you engage as an architect, engineer, or surveyor is an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations: * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page9 of 14)
However:
(a) the insurance afforded to such additional insured only applies to the extent permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an "additional insured" with respect to any:
(a) "bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional service by or for you, including:
(i) the preparing, approving, or failing to prepare or approve, any map, shop drawing, opinion, report, survey, field order, change order, drawing, specification; or
(ii) any supervisory, inspection, architectural or engineering activity. f. Permits Or Authorizations Relating To Premises Issued By State Or Governmental Agency Or Subdivision Or Political Subdivision
(1) Subject to a., above, any federal, state, or local government or governmental agency or subdivision or political subdivision that issues youa permit. (2) No such government or agency is an additional insured with respect to any:
(a) "bodily injury," "property damage" or "personal or advertising injury" arising out of operations performed for that government or agency; or
(b) "bodily injury," "property damage" or "personal or advertising injury" including within the products-completed operations hazard."
g. Any Other Party
(1) Subject to a., above, any person or organization described neither:
(a) as an insured in SECTION II- WHO IS AN INSURED, 1. through 3., nor (b) as an additional insured in b. through f. above,
is an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(i) in the performance of your ongoing operations;
(ii) in connection with premises owned by or rented to you; or (iii) in connection with "your work" and included within the "products-completed operations hazard," but only if: * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICA N INSURANCECOMPANY 10842
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CG 90 53 (Ed. 04/16) (Page 10 of 14)
i. the written contract or agreement requires you to provide such coverage to such additional insured; and
ii. this Coverage Form provides coverage for "bodily injury" or "property damage" within the "products-completed operations hazard." However:
(a) the insurance afforded to such additional insured only applies to the extent permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such "additional insured."
(c) with respect to the insurance afforded these additional insured(s), this insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering or failure to render any professional architectural, engineering or surveying services, including:
(i) the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
(ii) supervisory, inspection, architectural or engineering activities.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown asa Named Insured in the Declarations.
K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy.
Condition 4. Other Insurance of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary 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 isa Named Insured under such other insurance; and (2) you have agreed in writing ina contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. * HB * 03/22/2023 * GLP 13
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CG 90 53 (Ed. 04/16) (Page 11 of 14)
L. Additional Insureds- Limits of Insurance
The following is added to SECTION III- LIMITS OF INSURANCE:
Additional Insureds- Limits of Insurance
The most we will pay on behalf of any additional insured described in J., above is the amount of insurance:
a. required by contract or agreement; or
b. available under the applicable Limits of Insurance shown in the Declarations whichever is less.
Such amounts shall not increase the applicable Limits of Insurance shown in the Declarations.
M. Knowledge of Occurrence, Claim or Suit
Under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit:
Knowledge of any "occurrence"; claim, or "suit" by any agent, servant or "employee" of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such "occurrence", claim or "suit" shall have been received by:
a. you, if you are an individual;
b.a partner, if you area partnership; or
c. an executive officer or insurance manager, if you area corporation; d.a manager, if you area limited liability company;
e.a trustee, if you area trust;
f. an elected or appointed official, if you area political subdivision or public entity.
N. Unintentional Failure to Disclose Hazards
Under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations:
Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not intentional on the part of the Insured.
O. Notice of Occurrence
The following is added to SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.
Duties in the Event of Occurrence, Offense, Claim or Suit, a.:
Failure of the insured to give first report ofa claim to us shall not invalidate coverage under this Policy if the loss was inadvertently reported to another insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such an error. * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CG 90 53 (Ed. 04/16) (Page 12 of 14)
P. Amended Bodily Injury Definition
Under SECTIONV- DEFINITIONS, Definition 3. Bodily Injury is replaced by the following:
3. "Bodily injury" means bodily injury, sickness, or disease or "incidental medical malpractice" sustained bya person, including death ofa person. "Bodily Injury" also means mental anguish, mental injury, or shock, if directly resulting from physical injury, sickness, or disease to that person.
Q. Broadened Mobile Equipment
1. Under SECTIONV- DEFINITIONS, Definition 12. Mobile Equipment, the following is added under 12.f.(1):
Provided that the vehicles havea Gross Vehicle Weight of 1,000 pounds or greater.
2. The following is added to SECTION II- WHO IS AN INSURED:
With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment alonga public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" toa co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in charge of or occupied by you or the employer of any person who is an insured under this provision.
R. Personal and Advertising Injury Definition Amendment of Discrimination or Humiliation Under SECTIONV- DEFINITIONS, Definition 14. Personal and Advertising Injury, item 14.h. is added:
h. discrimination or humiliation that results in injury to the feelings or reputation ofa natural person, but only if such discrimination or humiliation is:
(1) not done intentionally by or at the direction of;
(a) an insured; or
(b) any "executive officer" director, stockholder, partner or member of the Insured; and (2) not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured.
S. Incidental Malpractice Liability
1. SECTION II- WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following:
(d) Arising out of his or her providing or failing to provide professional health care services.
However, this exclusion does not apply to physicians, dentists, nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services. * HB * 03/22/2023 * GLP 13
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CG 90 53 (Ed. 04/16) (Page 13 of 14)
2. Under SECTIONV- DEFINITIONS is amended by the addition of the following definition:
"Incidental medical malpractice" means bodily injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition.
T. In SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added at the end of Condition 8. Transfer of Rights of Recovery Against Others to Us:
We waive any right of recovery we may have againsta person or organization because of payments we make for injury or damage arising out of:
a. your ongoing operations; or
b. "your work" pursuant toa written contract between you and that person or organization and included in the "products-completed operations hazard"; but only if:
c. you and that person or organization have agreed, ina written contract or agreement, that you waive such rights against that person or organization; and d. the injury or damage occurs only after you and that person or organization have signed the written contract or agreement described in c.
U. Amended Insured Contract Definition
1. Under SECTIONV- DEFINITIONS, 9. "Insured Contract", c. is replaced by the following:
c. any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet ofa railroad;
2. Under SECTIONV- DEFINITIONS, 9. "Insured Contract", f. is replaced by the following:
f. that part of any other contract or agreement pertaining to your business (including an indemnification ofa municipality in connection with work performed fora municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" toa third person or organization. Tort liability meansa liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. includes that part of any contract or agreement:
(1) that indemnifiesa railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;
However, Paragraph f. does not include that part of any contract or agreement:
(1) that indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or * HB * 03/22/2023 * GLP 1324426 06
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CG 90 53 (Ed. 04/16) (Page 14 of 14)
(b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
(2) under which the Insured, if an architect, engineer or survey or, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
V. The following Conditions are added to the COMMON POLICY CONDITIONS:
1. In the event ofa cancellation, we will give written notice of such cancellation to certificate holder(s) at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 30 days before the effective date of cancellation if we cancel for any other reason. The notice to the certificate holder(s) will state the effective date of the cancellation.
However, such notice of cancellation is solely for the purpose of informing the certificate holder(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.
2. This endorsement does not entitle the certificate holder(s) to any benefit, rights or protection under this policy.
3. Notices will be sent to the certificate holder(s) according to the information on file with the agent of record or with us. If the information provided for said certificate holder(s) is not accurate we assume no responsibility for the failure to notify. We will assume that all information pertaining to the certificate holder(s), including the mailing or email address, is accurate and correct as provided to the agent of record or to us.
4. Failure to give notice in accordance with the terms of this Condition does not:
a. Alter the effective date of policy cancellation, nonrenewal or expiration; b. Render such cancellation ineffective;
c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation or policy expiration, whichever comes first.
e. Impose any obligations or liability of any kind upon us, our agents or representatives. * HB * 03/22/2023 * GLP 1324426 06 GREAT AMERICAN INSURANCE COMPANY 108429