general liability coverage part declarations page … · cg 74 00 (ed. 07 01) policy no. - general...

CG 74 00 (Ed. 07 01)

Policy No. -

GENERAL LIABILITY COVERAGE PARTDECLARATIONS PAGE

NAMED INSURED: POLICY PERIOD:t o

LIMITS OF INSURANCE:

General Aggregate Limit (Other Than Products -Completed Operations) $

Products - Completed Operations Aggregate Limit $Personal and Advertising Injury Limit $Each Occurrence Limit $Damage to Premises Rented to You Limit $ Any One PremisesMedical Expense Limit $ Any One Person

FORM OF BUSINESS:

TOTAL ESTIMATED PREMIUM: $

Products/Completed Operations All Other$ $

SCHEDULE OF LOCATIONS:

CODE NUMBER: PREMIUM BASIS:

CLASSIFICATION:

Products/Completed Operations All OtherExposure: Exposure:Rate: Rate:Premium: Premium:

FORMS AND ENDORSEMENTS applicable to this Coverage Part and made a part o f this Policy at the time o fissue are listed on the attached Forms and Endorsements Schedule CG 88 01 (11/85).

CG 74 00 (Ed. 07/01) PRO ( o f 1)

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Copyright, ISO Properties, Inc., 2012CG 00 01 (Ed. 04/13) (Page 1 o f 20)

CG 00 01 (Ed. 04 13)

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this Policy restrict coverage.Read the entire Policy carefully to determinerights, duties and what is and is not covered.

Throughout this Policy the words "you" and "your"refer to the Named Insured shown in the Declara-tions, and any other person or organization quali-fying as a named insured under this Policy. Thewords "we", "us" and "our" refer to the companyproviding this insurance.

The word "insured" means any person or o r -ganization qualifying as such under SECTION II -WHO IS AN INSURED.

Other words and phrases that appear in quotationmarks have special meaning. Refer to SECTION V- DEFINITIONS.

SECTION I - COVERAGES

Coverage A - Bodily Injury and Property Dam-age Liability

1. Insuring Agreement

a. We will pay those sums that the Insuredbecomes legally obligated to pay as dam-ages because o f "bodily injury" or "p rop -erty damage" to which this insurance ap -plies. We will have the right and duty todefend the Insured against any "suit" seek-ing those damages. However, we will haveno duty to defend the Insured against any"suit" seeking damages f o r "bodily injury"or "property damage" to which this insur-ance does not apply. We may, at our d is -cretion, investigate any "occurrence" andsettle any claim or "suit" that may result.But:

(1) the amount we will pay f o r damages islimited as described in SECTION III -LIMITS OF INSURANCE; and

(2) our right and duty to defend endswhen we have used up the applicableLimit o f Insurance in the payment o fjudgments or settlements under Cov -erages A or B or medical expensesunder Coverage C.

No other obligation or liability to pay sumsor perform acts or services is coveredunless explicitly provided fo r under Sup-plementary Payments - Coverages A andB.

b. This insurance applies to "bodily injury"and "property damage" only if:

(1) the "bodily injury" or "property dam-age" is caused by an "occurrence" thattakes place in the "coverage territory";

(2) the "bodily injury" or "property dam-age" occurs during the policy period;and

(3) prior to the policy period, no insuredlisted under paragraph 1. o f SECTIONII - WHO IS AN INSURED and no"employee" authorized by you to giveor receive notice o f an "occurrence"or claim, knew that the "bodily injury"or "property damage" had occurred, inwhole or in part. I f such a listed in -sured or authorized "employee" knew,prior to the policy period, that the"bodily injury" or "property damage"occurred, then any continuation,change or resumption o f such "bodilyinjury" or "property damage" during orafter the policy period will be deemedto have been known prior to the policyperiod.

c. "Bodily injury" or "property damage" whichoccurs during the policy period and wasnot, prior to the policy period, known tohave occurred by any insured listed underparagraph 1. o f SECTION II - WHO IS ANINSURED or any "employee" authorized byyou to give or receive notice o f an "oc -currence" or claim, includes any continu-ation, change or resumption o f that "bodilyinjury" or "property damage" after the endo f the policy period.

d. "Bodily injury" or "property damage" willbe deemed to have been known to haveoccurred at the earliest time when anyinsured listed under paragraph 1. o f SEC-

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TION II - WHO IS AN INSURED or any"employee" authorized by you to give orreceive notice o f an "occurrence" or claim:

(1) reports all, or any part, o f the "bodilyinjury" or "property damage" to us orany other insurer;

(2) receives a written or verbal demand orclaim fo r damages because o f the"bodily injury" or "property damage";or

(3) becomes aware by any other meansthat "bodily injury" or "property dam-age" has occurred or has begun tooccur.

e. Damages because o f "bodily injury" includedamages claimed by any person or o r -ganization f o r care, loss o f services ordeath resulting at any time f rom the "bodi-ly injury."

2. Exclusions

This insurance does not apply to:

a. Expected or Intended Injury

"Bodily injury" or "property damage" e x -pected or intended f rom the standpoint o fthe Insured. This exclusion does not applyto "bodily injury" resulting f rom the use o freasonable force to protect persons orproperty.

b. Contractual Liability

"Bodily injury" or "property damage" f o rwhich the Insured is obligated to pay dam-ages by reason o f the assumption o f l i -ability in a contract or agreement. This e x -clusion does not apply to liability f o r dam-ages:

(1) that the Insured would have in the ab-sence o f the contract or agreement;or

(2) assumed in a contract or agreementthat is an "insured contract," providedthe "bodily injury" or "property dam-age" occurs subsequent to the execu-tion o f the contract or agreement.Solely f o r the purposes o f liability as -sumed in an "insured contract," rea-

sonable attorneys' fees and necessarylitigation expenses incurred by or f o r aparty other than an insured aredeemed to be damages because o f"bodily injury" or "property damage,"provided:

(a) liability to such party for , or f o rthe cost of , that party's defensehas also been assumed in thesame "insured contract"; and

(b) such attorneys' fees and litigationexpenses are f o r defense o f thatparty against a civil or alternativedispute resolution proceeding inwhich damages to which this in -surance applies are alleged.

c. Liquor Liability

"Bodily injury" or "property damage" f o rwhich any insured may be held liable byreason of:

(1) causing or contributing to the intoxi -cation o f any person;

(2) the furnishing o f alcoholic beveragesto a person under the legal drinkingage or under the influence o f alcohol;or

(3) any statute, ordinance or regulationrelating to the sale, gift, distribution oruse o f alcoholic beverages.

This exclusion applies even i f the claimsagainst any insured allege negligence orother wrongdoing in:

(a) the supervision, hiring, employment,training or monitoring o f others bythat Insured; or

(b) providing or failing to provide trans-portation with respect to any personthat may be under the influence o falcohol;

i f the "occurrence" which caused the"bodily injury" or "property damage," i n -volved that which is described in para-graph (1), (2) or (3) above.

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However, this exclusion applies only i f youare in the business o f manufacturing, d is -tributing, selling, serving or furnishing al -coholic beverages. For the purposes o fthis exclusion, permitting a person to bringalcoholic beverages on your premises, f o rconsumption on your premises, whetheror not a fee is charged or a license isrequired fo r such activity, is not by itselfconsidered the business o f selling, servingor furnishing alcoholic beverages.

d. Workers' Compensation and SimilarLaws

Any obligation o f the Insured under aworkers' compensation, disability benefitsor unemployment compensation law orany similar law.

e. Employer's Liability

"Bodily injury" to:

(1) an "employee" o f the Insured arisingout o f and in the course of:

(a) employment by the Insured; or

(b) performing duties related to theconduct o f the Insured's business;or

(2) the spouse, child, parent, brother orsister o f that "employee" as a con -sequence o f paragraph (1) above.

This exclusion applies whether the Insuredmay be liable as an employer or in anyother capacity and to any obligation toshare damages with or repay someoneelse who must pay damages because o fthe injury.

This exclusion does not apply to liabilityassumed by the Insured under an "insuredcontract."

f. Pollution

(1) "Bodily injury" or "property damage"arising out o f the actual, alleged orthreatened discharge, dispersal, seep-age, migration, release or escape o f"pollutants":

(a) at or f rom any premises, site orlocation which is or was at anytime owned or occupied by, orrented or loaned to, any insured.However, this subparagraph doesnot apply to:

(i) "bodily injury" i f sustainedwithin a building and causedby smoke, fumes, vapor orsoot produced by or or ig i -nating f rom equipment that isused to heat, cool or de -humidify the building, orequipment that is used toheat water f o r personal use,by the building's occupantsor their guests;

(ii) "bodily injury" or "propertydamage" f o r which you maybe held liable, i f you are acontractor and the owner orlessee o f such premises, siteor location has been addedto your policy as an addi-tional insured with respect toyour ongoing operationsperformed fo r that Add i -tional Insured at that p rem-ises, site or location andsuch premises, site or loca-tion is not and never wasowned or occupied by, orrented or loaned to, any in -sured, other than that Add i -tional Insured; or

(iii) "bodily injury" or "propertydamage" arising out o f heat,smoke or fumes f rom a"hostile fire";

(b) at or f rom any premises, site orlocation which is or was at anytime used by or f o r any insuredor others f o r the handling, s t o r -age, disposal, processing ortreatment o f waste;

(c) which are or were at any timetransported, handled, stored,treated, disposed of , or p r o -cessed as waste by or for:

(i) any insured; or

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(ii) any person or organizationf o r whom you may be legallyresponsible; or

(d) at or f rom any premises, site orlocation on which any insured orany contractors or subcontrac-tors working directly or indirectlyon any insured's behalf are pe r -forming operations i f the "pol lu-tants" are brought on or to thepremises, site or location in con -nection with such operations bysuch insured, contractor or sub-contractor. However, this sub-paragraph does not apply to:

(i) "bodily injury" or "propertydamage" arising out o f theescape o f fuels, lubricantsor other operating fluidswhich are needed to pe r -fo rm the normal electrical,hydraulic or mechanicalfunctions necessary f o r theoperation o f "mobile equip-ment" or its parts, i f suchfuels, lubricants or otheroperating fluids escape f roma vehicle part designed tohold, store or receive them.This exception does not ap -ply i f the "bodily injury" or"property damage" arises outo f the intentional discharge,dispersal or release o f thefuels, lubricants or otheroperating fluids, or i f suchfuels, lubricants or otheroperating fluids are broughton or to the premises, siteor location with the intentthat they be discharged, d is -persed or released as parto f the operations being pe r -formed by such insured,contractor or subcontractor;

(ii) "bodily injury" or "propertydamage" sustained within abuilding and caused by therelease o f gases, fumes orvapors f rom materialsbrought into that building inconnection with operations

being performed by you oron your behalf by a contrac-tor or subcontractor; or

(iii) "bodily injury" or "propertydamage" arising out o f heat,smoke or fumes f rom a"hostile fire."

(e) at or f rom any premises, site orlocation on which any insured orany contractors or subcontrac-tors working directly or indirectlyon any insured's behalf are pe r -forming operations i f the ope r -ations are to test for , monitor,clean up, remove, contain, treat,detoxify or neutralize, or in anyway respond to, or assess theef fects of , "pollutants."

(2) Any loss, cost or expense arising outo f any:

(a) request, demand, order or statu-tory or regulatory requirementthat any insured or others testfor , monitor, clean up, remove,contain, treat, detoxify or neu-tralize, or in any way respond to,or assess the ef fects of , "pol lu-tants"; or

(b) claim or suit by or on behalf o f agovernmental authority f o r dam-ages because o f testing for ,monitoring, cleaning up, removing,containing, treating, detoxifying orneutralizing, or in any way r e -sponding to, or assessing the e f -fects of , "pollutants."

However, this paragraph does not ap -ply to liability f o r damages because o f"property damage" that the Insuredwould have in the absence o f suchrequest, demand, order or statutory orregulatory requirement, or such claimor "suit" by or on behalf o f a gov -ernmental authority.

g. Aircraft, Auto or Watercraft

"Bodily injury" or "property damage" ar is-ing out o f the ownership, maintenance,use or entrustment to others o f any ai r -

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craft, "auto" or watercraft owned or o p -erated by or rented or loaned to any in -sured. Use includes operation and "loadingor unloading."

This exclusion applies even i f the claimsagainst any insured allege negligence orother wrongdoing in the supervision, h i r -ing, employment, training or monitoring o fothers by that Insured, i f the "occurrence"which caused the "bodily injury" or "p rop -erty damage" involved the ownership,maintenance, use or entrustment to otherso f any aircraft, "auto" or watercraft that isowned or operated by or rented or loanedto any insured.

This exclusion does not apply to:

(1) a watercraft while ashore on premisesyou own or rent;

(2) a watercraft you do not own that is:

(a) less than 26 feet long; and

(b) not being used to carry personsor property f o r a charge;

(3) parking an "auto" on, or on the waysnext to, premises you own or rent,provided the "auto" is not owned by orrented or loaned to you or the Insured;

(4) liability assumed under any "insuredcontract" f o r the ownership, mainten-ance or use o f aircraft or watercraft;or

(5) "bodily injury" or "property damage"arising out of:

(a) the operation o f machinery orequipment that is attached to, orpart of , a land vehicle that wouldqualify under the definition o f"mobile equipment" i f it were notsubject to a compulsory or f inan-cial responsibility law or othermotor vehicle insurance lawwhere it is licensed or principallygaraged; or

(b) the operation o f any o f the ma-chinery or equipment listed inparagraph f.(2) or f.(3) o f thedefinition o f "mobile equipment."

h. Mobile Equipment

"Bodily injury" or "property damage" ar is-ing out of:

(1) the transportation o f "mobile equip-ment" by an "auto" owned or operatedby or rented or loaned to any insured;or

(2) the use o f "mobile equipment" in, orwhile in practice for , or while beingprepared for , any prearranged racing,speed, demolition, or stunting activity.

i. War

"Bodily injury" or "property damage,"however caused, arising, directly or in -directly, out of:

(1) war, including undeclared or civil war;

(2) warlike action by a military force, i n -cluding action in hindering or defend-ing against an actual or expected a t -tack, by any government, sovereign orother authority using military personnelor other agents; or

(3) insurrection, rebellion, revolution,usurped power, or action taken bygovernmental authority in hindering ordefending against any o f these.

j. Damage to Property

"Property damage" to:

(1) property you own, rent, or occupy,including any costs or expenses in -curred by you, or any other person,organization or entity, f o r repair, r e -placement, enhancement, restorationor maintenance o f such property f o rany reason, including prevention o f in -jury to a person or damage to an-other's property;

(2) premises you sell, give away or aban-don, i f the "property damage" arisesout o f any part o f those premises;

(3) property loaned to you;

(4) personal property in the care, custodyor control o f the Insured;

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(5) that particular part o f real property onwhich you or any contractors or sub-contractors working directly or indi-rectly on your behalf are performingoperations, i f the "property damage"arises out o f those operations; or

(6) that particular part o f any propertythat must be restored, repaired or r e -placed because "your work" was in -correctly performed on it.

Paragraphs (1), (3) and (4) o f this exclusiondo not apply to "property damage" (otherthan damage by fire) to premises, includingthe contents o f such premises, rented toyou f o r a period o f seven or fewer con -secutive days. A separate Limit o f Insur-ance applies to Damage to Premises Ren-ted to You as described in SECTION III -LIMITS OF INSURANCE.

Paragraph (2) o f this exclusion does notapply i f the premises are "your work" andwere never occupied, rented or held f o rrental by you.

Paragraphs (3), (4), (5) and (6) o f this e x -clusion do not apply to liability assumedunder a sidetrack agreement.

Paragraph (6) o f this exclusion does notapply to "property damage" included in the"products-completed operations hazard."

k. Damage to Your Product

"Property damage" to "your product" ar is-ing out o f it or any part o f it.

l. Damage to Your Work

"Property damage" to "your work" arisingout o f it or any part o f it and included inthe "products-completed operations haz-ard."

This exclusion does not apply i f thedamaged work or the work out o f whichthe damage arises was performed on yourbehalf by a subcontractor.

m. Damage to Impaired Property or Prop-erty Not Physically Injured

"Property damage" to "impaired property"or property that has not been physicallyinjured, arising out of:

(1) a defect, deficiency, inadequacy ordangerous condition in "your product"or "your work"; or

(2) a delay or failure by you or anyoneacting on your behalf to perform acontract or agreement in accordancewith its terms.

This exclusion does not apply to the losso f use o f other property arising out o fsudden and accidental physical injury to"your product" or "your work" after it hasbeen put to its intended use.

n. Recall of Products, Work or ImpairedProperty

Damages claimed fo r any loss, cost orexpense incurred by you or others f o r theloss o f use, withdrawal, recall, inspection,repair, replacement, adjustment, removalor disposal of:

(1) "your product";

(2) "your work"; or

(3) "impaired property";

i f such product, work, or property iswithdrawn or recalled f rom the market orf rom use by any person or organizationbecause o f a known or suspected defect,deficiency, inadequacy or dangerous con -dition in it.

o. Personal and Advertising Injury

"Bodily injury" arising out o f "personal andadvertising injury."

p. Electronic Data

Damages arising out o f the loss of , losso f use of , damage to, corruption of , i n -ability to access, or inability to manipulateelectronic data.

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However, this exclusion does not apply toliability f o r damages because o f "bodilyinjury."

As used in this exclusion, electronic datameans information, facts or programsstored as or on, created or used on, ortransmitted to or f rom computer s o f t -ware, including systems and applicationssoftware, hard or f loppy disks, CD-ROMs,tapes, drives, cells, data processing de -vices or any other media which are usedwith electronically controlled equipment.

q. Recording and Distribution of Materialor Information in Violation of Law

"Bodily injury" or "property damage" ar is-ing directly or indirectly out o f any actionor omission that violates or is alleged toviolate:

(1) the Telephone Consumer ProtectionAct (TCPA), including any amendmento f or addition to such law;

(2) the CAN-SPAM Act o f 2003, includingany amendment o f or addition to suchlaw;

(3) the Fair Credit Reporting Act (FCRA),and any amendment o f or addition tosuch law, including the Fair and A c -curate Credit Transactions Act(FACTA); or

(4) any federal, state or local statute, o r -dinance or regulation, other than theTCPA, CAN-SPAM Act o f 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or l im-its the printing, dissemination, disposal,collecting, recording, sending, trans-mitting, communicating or distributiono f material or information.

Exclusions c. through n. do not apply to dam-age by f i re to premises while rented to youor temporarily occupied by you with permis-sion o f the owner. A separate Limit o f Insur-ance applies to this coverage as described inSECTION III - LIMITS OF INSURANCE.

Coverage B - Personal and Advertising InjuryLiability


a. We will pay those sums that the Insuredbecomes legally obligated to pay as dam-ages because o f "personal and advertisinginjury" to which this insurance applies. Wewill have the right and duty to defend theInsured against any "suit" seeking thosedamages. However, we will have no dutyto defend the Insured against any "suit"seeking damages fo r "personal and ad-vertising injury" to which this insurancedoes not apply. We may, at our discretion,investigate any offense and settle anyclaim or "suit" that may result. But:


(2) our right and duty to defend end whenwe have used up the applicable Limito f Insurance in the payment o f judg-ments or settlements under CoveragesA or B or medical expenses underCoverage C.

No other obligation or liability to pay sumsor perform acts or services is coveredunless explicitly provided fo r under Sup-plementary Payments - Coverages A andB.

b. This insurance applies to "personal andadvertising injury" caused by an offensearising out o f your business but only i f theoffense was committed in the "coverageterritory" during the policy period.

2. Exclusions


a. Knowing Violation of Rights of Another

"Personal and advertising injury" caused byor at the direction o f the Insured with theknowledge that the act would violate therights o f another and would inflict "per -sonal and advertising injury."

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b. Material Published with Knowledge ofFalsity

"Personal and advertising injury" arising outo f oral or written publication, in any man-ner, o f material, i f done by or at the d i -rection o f the Insured with knowledge o fits falsity.

c. Material Published Prior to Policy Pe-riod

"Personal and advertising injury" arising outo f oral or written publication, in any man-ner, o f material whose f i rst publicationtook place before the beginning o f thepolicy period.

d. Criminal Acts

"Personal and advertising injury" arising outo f a criminal act committed by or at thedirection o f the Insured.

e. Contractual Liability

"Personal and advertising injury" f o r whichthe Insured has assumed liability in a con -tract or agreement. This exclusion doesnot apply to liability f o r damages that theInsured would have in the absence o f thecontract or agreement.

f. Breach of Contract

"Personal and advertising injury" arising outo f a breach o f contract, except an impliedcontract to use another's advertising ideain your "advertisement."

g. Quality or Performance of Goods -Failure to Conform to Statements

"Personal and advertising injury" arising outo f the failure o f goods, products or se r -vices to conform with any statement o fquality or performance made in your "ad-vertisement."

h. Wrong Description of Prices

"Personal and advertising injury" arising outo f the wrong description o f the price o fgoods, products or services stated in your"advertisement."

i. Infringement of Copyright, Patent,Trademark or Trade Secret

"Personal and advertising injury" arising outo f the infringement o f copyright, patent,trademark, trade secret or other intellec-tual property rights. Under this exclusion,such other intellectual property rights donot include the use o f another's advertis-ing idea in your "advertisement."

However, this exclusion does not apply toinfringement, in your "advertisement," o fcopyright, trade dress or slogan.

j. Insureds in Media and Internet TypeBusinesses

"Personal and advertising injury" commi t -ted by an insured whose business is:

(1) advertising, broadcasting, publishing ortelecasting;

(2) designing or determining content o fweb sites f o r others; or

(3) an Internet search, access, content orservice provider.

However, this exclusion does not apply toparagraphs 14.a., b. and c. o f "personaland advertising injury" under the Defini-tions section.

For the purposes o f this exclusion, theplacing o f frames, borders or links, oradvertising, f o r you or others anywhereon the Internet, is not by itself, consideredthe business o f advertising, broadcasting,publishing or telecasting.

k. Electronic Chat Rooms or BulletinBoards

"Personal and advertising injury" arising outo f an electronic chat room or bulletinboard the Insured hosts, owns, or overwhich the Insured exercises control.

l. Unauthorized Use of Another's Name orProduct

"Personal and advertising injury" arising outo f the unauthorized use o f another's nameor product in your e-mail address, domain

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name or metatag, or any other similar tac -tics to mislead another's potential custom-ers.

m. Pollution

"Personal and advertising injury" arising outo f the actual, alleged or threatened d is -charge, dispersal, seepage, migration, r e -lease or escape o f "pollutants" at any time.

n. Pollution-related

Any loss, cost or expense arising out o fany:

(1) request, demand, order or statutory orregulatory requirement that any insuredor others test for , monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to,or assess the ef fects of , "pollutants";or

(2) claim or suit by or on behalf o f agovernmental authority f o r damagesbecause o f testing for , monitoring,cleaning up, removing, containing,treating, detoxifying or neutralizing, orin any way responding to, or assessingthe ef fects of , "pollutants."

o. War

"Personal and advertising injury," howevercaused, arising, directly or indirectly, outof:

(1) war, including undeclared or civil war;

(2) warlike action by a military force, i n -cluding action in hindering or defend-ing against an actual or expected a t -tack, by any government, sovereign orother authority using military personnelor other agents; or

(3) insurrection, rebellion, revolution,usurped power, or action taken bygovernmental authority in hindering ordefending against any o f these.

p. Recording and Distribution of Materialor Information in Violation of Law

"Personal and advertising injury" arising d i -rectly or indirectly out o f any action oromission that violates or is alleged to v i o -late:

(1) the Telephone Consumer ProtectionAct (TCPA), including any amendmento f or addition to such law;

(2) the CAN-SPAM Act o f 2003, includingany amendment o f or addition to suchlaw;

(3) the Fair Credit Reporting Act (FCRA),and any amendment o f or addition tosuch law, including the Fair and A c -curate Credit Transactions Act(FACTA); or

(4) any federal, state or local statute, o r -dinance or regulation, other than theTCPA, CAN-SPAM Act o f 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or l im-its the printing, dissemination, disposal,collecting, recording, sending, trans-mitting, communicating or distributiono f material or information.

Coverage C - Medical Payments


a. We will pay medical expenses as de -scribed below fo r "bodily injury" causedby an accident:

(1) on premises you own or rent;

(2) on ways next to premises you own orrent; or

(3) because o f your operations;

provided that:

(a) the accident takes place in the "cov -erage territory" and during the policyperiod;

(b) the expenses are incurred and repor t -ed to us within one year o f the date o fthe accident; and

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(c) the injured person submits to exami-nation, at our expense, by physicianso f our choice as often as we reason-ably require.

b. We will make these payments regardlesso f fault. These payments will not exceedthe applicable Limit o f Insurance. We willpay reasonable expenses for:

(1) f i rst aid administered at the time o f anaccident;

(2) necessary medical, surgical, X- ray anddental services, including prostheticdevices; and

(3) necessary ambulance, hospital, p r o -fessional nursing and funeral services.

2. Exclusions

We will not pay expenses fo r "bodily injury":

a. Any Insured

To any insured, except "volunteer wo r k -ers."

b. Hired Person

To a person hired to do work f o r or onbehalf o f any insured or a tenant o f anyinsured.

c. Injury on Normally Occupied Premises

To a person injured on that part o f p rem-ises you own or rent that the person no r -mally occupies.

d. Workers' Compensation and SimilarLaws

To a person, whether or not an "employ-ee" o f any insured, i f benefits f o r the"bodily injury" are payable or must beprovided under a workers' compensationor disability benefits law or a similar law.

e. Athletics Activities

To a person injured while practicing, i n -structing or participating in any physicalexercises or games, sports, or athleticcontests.

f. Products-Completed Operations Hazard

Included within the "products-completedoperations hazard."

g. Coverage A Exclusions

Excluded under Coverage A .

Supplementary Payments - Coverages A and B

1. We will pay, with respect to any claim weinvestigate or settle, or any "suit" against aninsured we defend:

a. All expenses we incur.

b. Up to $250 f o r cost o f bail bonds r e -quired because o f accidents or traf f ic lawviolations arising out o f the use o f anyvehicle to which the Bodily Injury LiabilityCoverage applies. We do not have to f u r -nish these bonds.

c. The cost o f bonds to release attachments,but only f o r bond amounts within the ap -plicable Limit o f Insurance. We do nothave to furnish these bonds.

d. All reasonable expenses incurred by theInsured at our request to assist us in theinvestigation or defense o f the claim or"suit," including actual loss o f earnings upto $250 a day because o f time o f f f romwork.

e. All court costs taxed against the Insured inthe "suit." However, these payments donot include attorneys' fees or attorneys'expenses taxed against the Insured.

f. Prejudgment interest awarded against theInsured on that part o f the judgment wepay. If we make an o f f e r to pay the ap -plicable Limit o f Insurance, we will not payany prejudgment interest based on thatperiod o f time after the offer .

g. All interest on the full amount o f anyjudgment that accrues after entry o f thejudgment and before we have paid, o f -fered to pay, or deposited in court thepart o f the judgment that is within theapplicable Limit o f Insurance.

These payments will not reduce the Limits o fInsurance.

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2. I f we defend an insured against a "suit" and anindemnitee o f the Insured is also named as aparty to the "suit," we will defend that indem-nitee i f all o f the fol lowing conditions are met:

a. the "suit" against the indemnitee seeksdamages fo r which the Insured has as-sumed the liability o f the indemnitee in acontract or agreement that is an "insuredcontract";

b. this insurance applies to such liability as -sumed by the Insured;

c. the obligation to defend, or the cost o fthe defense of , that indemnitee, has alsobeen assumed by the Insured in the same"insured contract";

d. the allegations in the "suit" and the in -formation we know about the "occur-rence" are such that no confl ict appears toexist between the interests o f the Insuredand the interests o f the indemnitee;

e. the indemnitee and the Insured ask us toconduct and control the defense o f thatindemnitee against such "suit" and agreethat we can assign the same counsel todefend the Insured and the indemnitee; and

f. the indemnitee:

(1) Agrees in writing to:

(a) cooperate with us in the inves-tigation, settlement or defense o fthe "suit";

(b) immediately send us copies o fany demands, notices, summonsesor legal papers received in con -nection with the "suit";

(c) notify any other insurer whosecoverage is available to the in -demnitee; and

(d) cooperate with us with respect tocoordinating other applicable in -surance available to the indem-nitee; and

(2) Provides us with written authorizationto:

(a) obtain records and other i n fo r -mation related to the "suit"; and

(b) conduct and control the defenseo f the indemnitee in such "suit."

So long as the above conditions are met, a t -torneys' fees incurred by us in the defense o fthat indemnitee, necessary litigation expensesincurred by us and necessary litigation e x -penses incurred by the indemnitee at our r e -quest will be paid as Supplementary Payments.Notwithstanding the provisions o f paragraph2.b.(2) o f SECTION I - COVERAGE A - Bodi-ly Injury and Property Damage Liability,such payments will not be deemed to bedamages fo r "bodily injury" and "propertydamage" and will not reduce the Limits o fInsurance.

Our obligation to defend an insured's indem-nitee and to pay fo r attorneys' fees and nec-essary litigation expenses as SupplementaryPayments ends when we have used up theapplicable Limit o f Insurance in the payment o fjudgments or settlements or the conditionsset for th above, or the terms o f the agree-ment described in paragraph f. above, are nolonger met.

SECTION II - WHO IS AN INSURED

1. I f you are designated in the Declarations as:

a. An individual, you and your spouse areinsureds, but only with respect to theconduct o f a business o f which you arethe sole owner.

b. A partnership or joint venture, you are aninsured. Your members, your partners, andtheir spouses are also insureds, but onlywith respect to the conduct o f your busi-ness.

c. A limited liability company, you are an in -sured. Your members are also insureds,but only with respect to the conduct o fyour business. Your managers are insur-eds, but only with respect to their dutiesas your managers.

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d. An organization other than a partnership,joint venture or limited liability company,you are an insured. Your "executive o f -ficers" and directors are insureds, but onlywith respect to their duties as your o f -f icers or directors. Your stockholders arealso insureds, but only with respect totheir liability as stockholders.

e. A trust, you are an insured. Your trusteesare also insureds, but only with respect totheir duties as trustees.

2. Each o f the fol lowing is also an insured:

a. Your "volunteer workers" only while pe r -forming duties related to the conduct o fyour business, or your "employees," otherthan either your "executive off icers" (ifyou are an organization other than a par t -nership, joint venture or limited liabilitycompany) or your managers (if you are alimited liability company), but only f o r actswithin the scope o f their employment byyou or while performing duties related tothe conduct o f your business. However,none o f these "employees" or "volunteerworkers" are insureds for:

(1) "Bodily injury" or "personal and ad-vertising injury":

(a) to you, to your partners or mem-bers (if you are a partnership orjoint venture), to your members(if you are a limited liability c om-pany), to a co-"employee" whilein the course o f his or her em-ployment or performing dutiesrelated to the conduct o f yourbusiness, or to your other "volun-teer workers" while performingduties related to the conduct o fyour business;

(b) to the spouse, child, parent,brother or sister o f that co - " em -ployee" or "volunteer worker" asa consequence o f paragraph (1)(a)above;

(c) f o r which there is any obligationto share damages with or repaysomeone else who must pay

damages because o f the injurydescribed in paragraph (1)(a) or (b)above; or

(d) arising out o f his or her providingor failing to provide professionalhealth care services.

(2) "Property damage" to property:

(a) owned, occupied or used by;

(b) rented to, in the care, custody orcontrol of , or over which physicalcontrol is being exercised fo r anypurpose by;

you, any o f your "employees", "volun-teer workers", any partner or member(if you are a partnership or joint ven-ture), or any member (if you are alimited liability company).

b. Any person (other than your "employee" or"volunteer worker"), or any organizationwhile acting as your real estate manager.

c. Any person or organization having propertemporary custody o f your property i fyou die, but only:

(1) with respect to liability arising out o fthe maintenance or use o f that p r op -erty; and

(2) until your legal representative has beenappointed.

d. Your legal representative i f you die, butonly with respect to duties as such. Thatrepresentative will have all your rights andduties under this Coverage Part.

3. Any organization you newly acquire or form,other than a partnership, joint venture orlimited liability company, and over which youmaintain ownership or majority interest, willqualify as a named insured i f there is no othersimilar insurance available to that organization.However:

a. coverage under this provision is affordedonly until the 90th day after you acquireor fo rm the organization or the end o f thepolicy period, whichever is earlier;

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b. Coverage A does not apply to "bodily in -jury" or "property damage" that occurredbefore you acquired or formed the o r -ganization; and

c. Coverage B does not apply to "personaland advertising injury" arising out o f anoffense committed before you acquiredor formed the organization.

No person or organization is an insured with r e -spect to the conduct o f any current or past par t -nership, joint venture or limited liability companythat is not shown as a named insured in the Dec -larations.

SECTION III - LIMITS OF INSURANCE

1. The Limits o f Insurance shown in the Declara-tions and the rules below f ix the most we willpay regardless o f the number of:

a. insureds;

b. claims made or "suits" brought; or

c. persons or organizations making claims orbringing "suits."

2. The General Aggregate Limit is the most wewill pay f o r the sum of:

a. medical expenses under Coverage C;

b. damages under Coverage A , except dam-ages because o f "bodily injury" or "p rop -erty damage" included in the "products-completed operations hazard"; and

c. damages under Coverage B.

3. The Products-Completed Operations Aggre-gate Limit is the most we will pay under Cov -erage A f o r damages because o f "bodily in -jury" and "property damage" included in the"products-completed operations hazard".

4. Subject to paragraph 2. above, the Personaland Advertising Injury Limit is the most we willpay under Coverage B f o r the sum o f alldamages because o f all "personal and adver-tising injury" sustained by any one person ororganization.

5. Subject to paragraph 2. or 3. above, which-ever applies, the Each Occurrence Limit is themost we will pay f o r the sum of:

a. damages under Coverage A ; and

b. medical expenses under Coverage C

because o f all "bodily injury" and "propertydamage" arising out o f any one "occurrence".

6. Subject to paragraph 5. above, the Damage toPremises Rented to You Limit is the most wewill pay under Coverage A f o r damages be -cause o f "property damage" to any one prem-ises, while rented to you, or in the case o fdamage by fire, while rented to you or tem-porarily occupied by you with permission o fthe owner.

7. Subject to paragraph 5. above, the MedicalExpense Limit is the most we will pay underCoverage C f o r all medical expenses becauseo f "bodily injury" sustained by any one person.

The Limits o f Insurance o f this Coverage Partapply separately to each consecutive annual pe -riod and to any remaining period o f less than 12months, starting with the beginning o f the policyperiod shown in the Declarations, unless the po l i -cy period is extended after issuance fo r an addi-tional period o f less than 12 months. In that case,the additional period will be deemed part o f thelast preceding period f o r purposes o f determin-ing the Limits o f Insurance.

SECTION IV - COMMERCIAL GENERAL LIABIL-ITY CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency o f the Insured or o fthe Insured's estate will not relieve us o f ourobligations under this Coverage Part.

2. Duties in the Event of Occurrence, Offense,Claim or Suit

a. You must see to it that we are notified assoon as practicable o f an "occurrence" oran offense which may result in a claim. Tothe extent possible, notice should include:

(1) how, when and where the "occur-rence" or offense took place;

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(2) the names and addresses o f any in -jured persons and witnesses; and

(3) the nature and location o f any injury ordamage arising out o f the "occurrence"or offense.

b. I f a claim is made or "suit" is broughtagainst any insured, you must:

(1) immediately record the specifics o fthe claim or "suit" and the date r e -ceived; and

(2) notify us as soon as practicable.

You must see to it that we receive writtennotice o f the claim or "suit" as soon aspracticable.

c. You and any other involved insured must:

(1) immediately send us copies o f any de -mands, notices, summonses or legalpapers received in connection with theclaim or "suit";

(2) authorize us to obtain records andother information;

(3) cooperate with us in the investigationor settlement o f the claim or defenseagainst the "suit"; and

(4) assist us, upon our request, in the en -forcement o f any right against anyperson or organization which may beliable to the Insured because o f injuryor damage to which this insurance mayalso apply.

d. No insured will, except at that Insured'sown cost, voluntarily make a payment, as -sume any obligation, or incur any expense,other than fo r f i rst aid, without our con -sent.

3. Legal Action Against Us

No person or organization has a right underthis Coverage Part:

a. to join us as a party or otherwise bring usinto a "suit" asking fo r damages f rom aninsured; or

b. to sue us on this Coverage Part unless allo f its terms have been fully complied with.

A person or organization may sue us to r e -cover on an agreed settlement or on a finaljudgment against an insured; but we will notbe liable f o r damages that are not payableunder the terms o f this Coverage Part or thatare in excess o f the applicable Limit o f Insur-ance. An agreed settlement means a sett le-ment and release o f liability signed by us, theInsured and the claimant or the claimant's legalrepresentative.

4. Other Insurance

I f other valid and collectible insurance is avail-able to the Insured fo r a loss we cover underCoverages A or B o f this Coverage Part, ourobligations are limited as follows:

a. Primary Insurance

This insurance is primary except whenparagraph b. below applies. If this insur-ance is primary, our obligations are notaffected unless any o f the other insuranceis also primary. Then, we will share with allthat other insurance by the method de -scribed in paragraph c. below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any o f the other insurance,whether primary, excess, cont in-gent or on any other basis:

(i) that is Fire, Extended Cov -erage, Builder's Risk, Installa-tion Risk or similar coveragefo r "your work";

(ii) that is Fire insurance fo rpremises rented to you ortemporarily occupied by youwith permission o f the own -er;

(iii) that is insurance purchasedby you to cover your liabilityas a tenant f o r "propertydamage" to premises rentedto you or temporarily occu -pied by you with permissiono f the owner; or

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(iv) i f the loss arises out o f themaintenance or use o f a i r -craft, "autos" or watercraftto the extent not subject toexclusion g. o f SECTION I -COVERAGE A - Bodily In -jury and Property DamageLiability.

(b) Any other primary insuranceavailable to you covering liabilityf o r damages arising out o f thepremises or operations, or theproducts and completed ope r -ations, f o r which you have beenadded as an additional insured.

(2) When this insurance is excess, we willhave no duty under Coverages A or Bto defend the Insured against any "suit"i f any other insurer has a duty to de -fend the Insured against that "suit." Ifno other insurer defends, we will un -dertake to do so, but we will be en -titled to the Insured's rights against allthose other insurers.

(3) When this insurance is excess overother insurance, we will pay only ourshare o f the amount o f the loss, i f any,that exceeds the sum of:

(a) the total amount that all such o th -er insurance would pay fo r theloss in the absence o f this insur-ance; and

(b) the total o f all deductible andself-insured amounts under allthat other insurance.

(4) We will share the remaining loss, i fany, with any other insurance that isnot described in this Excess Insur-ance Provision and was not boughtspecifically to apply in excess o f theLimits o f Insurance shown in the Dec -larations o f this Coverage Part.

c. Method of Sharing

I f all o f the other insurance permits con -tribution by equal shares, we will fo l lowthis method also. Under this approach eachinsurer contributes equal amounts until it

has paid its applicable Limit o f Insuranceor none o f the loss remains, whichevercomes first.

I f any o f the other insurance does notpermit contribution by equal shares, wewill contribute by limits. Under this meth-od, each insurer's share is based on theratio o f its applicable Limit o f Insurance tothe total applicable Limits o f Insurance o fall insurers.

5. Premium Audit

a. We will compute all premiums fo r thisCoverage Part in accordance with ourrules and rates.

b. Premium shown in this Coverage Part asadvance premium is a deposit premiumonly. At the close o f each audit period wewill compute the earned premium fo r thatperiod and send notice to the f i rst NamedInsured. The due date f o r audit and r e t -rospective premiums is the date shown asthe due date on the bill. I f the sum o f theadvance and audit premiums paid f o r thepolicy period is greater than the earnedpremium, we will return the excess to thef i rst Named Insured.

c. The f i rst Named Insured must keeprecords o f the information we need fo rpremium computation, and send us copiesat such times as we may request.

6. Representations

By accepting this Policy, you agree:

a. the statements in the Declarations are ac -curate and complete;

b. those statements are based upon repre-sentations you made to us; and

c. we have issued this Policy in reliance uponyour representations.

7. Separation of Insureds

Except with respect to the Limits o f Insur-ance, and any rights or duties specifically as -signed in this Coverage Part to the f i rstNamed Insured, this insurance applies:

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a. as i f each named insured were the onlynamed insured; and

b. separately to each insured against whomclaim is made or "suit" is brought.

8. Transfer of Rights of Recovery AgainstOthers to Us

I f the Insured has rights to recover all or parto f any payment we have made under thisCoverage Part, those rights are transferred tous. The Insured must do nothing after loss toimpair them. At our request, the Insured willbring "suit" or transfer those rights to us andhelp us enforce them.

9. When We Do Not Renew

I f we decide not to renew this Coverage Part,we will mail or deliver to the f i rst NamedInsured shown in the Declarations written no -tice o f the nonrenewal not less than 30 daysbefore the expiration date.

If notice is mailed, p roo f o f mailing will besufficient p roo f o f notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that isbroadcast or published to the general publicor specific market segments about yourgoods, products or services f o r the purposeo f attracting customers or supporters. For thepurposes o f this definition:

a. notices that are published include materialplaced on the Internet or on similar e lec-tronic means o f communication; and

b. regarding web sites, only that part o f aweb site that is about your goods, p r o -ducts or services f o r the purposes o fattracting customers or supporters isconsidered an advertisement.

2. "Auto" means:

a. a land motor vehicle, trailer or semitrailerdesigned f o r travel on public roads, in -cluding any attached machinery or equip-ment; or

b. any other land vehicle that is subject to acompulsory or financial responsibility lawor other motor vehicle insurance lawwhere it is licensed or principally garaged.

However, "auto" does not include "mobileequipment."

3. "Bodily injury" means bodily injury, sicknessor disease sustained by a person, includingdeath resulting f rom any o f these at any time.

4. "Coverage territory" means:

a. the United States o f America (including itsterritories and possessions), Puerto Ricoand Canada;

b. international waters or airspace, but only i fthe injury or damage occurs in the courseo f travel or transportation between anyplaces included in paragraph a. above; or

c. all other parts o f the world i f the injury ordamage arises out of:

(1) goods or products made or sold byyou in the terri tory described in para-graph a. above;

(2) the activities o f a person whose homeis in the terri tory described in para-graph a. above, but is away f o r a shorttime on your business; or

(3) "personal and advertising injury" o f -fenses that take place through the In-ternet or similar electronic means o fcommunication;

provided the Insured's responsibility to paydamages is determined in a "suit" on the mer -its, in the terri tory described in paragraph a.above or in a settlement we agree to.

5. "Employee" includes a "leased worker". "Em-ployee" does not include a "temporary wo r k -er".

6. "Executive officer" means a person holdingany o f the of f icer positions created by yourcharter, constitution, bylaws or any othersimilar governing document.

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7. "Hostile fire" means one which becomes un-controllable or breaks out f rom where it wasintended to be.

8. "Impaired property" means tangible p r op -erty, other than "your product" or "yourwork", that cannot be used or is less usefulbecause:

a. it incorporates "your product" or "yourwork" that is known or thought to be de -fective, deficient, inadequate or danger-ous; or

b. you have failed to fulf i l l the terms o f acontract or agreement;

i f such property can be restored to use bythe repair, replacement, adjustment or remov-al o f "your product" or "your work" or yourfulfilling the terms o f the contract or agree-ment.

9. "Insured contract" means:

a. a contract f o r a lease o f premises. How -ever, that portion o f the contract f o r alease o f premises that indemnifies anyperson or organization f o r damage by fi reto premises while rented to you or tem-porarily occupied by you with permissiono f the owner is not an "insured contract";

b. a sidetrack agreement;

c. any easement or license agreement, e x -cept in connection with construction ordemolition operations on or within 50 feeto f a railroad;

d. an obligation, as required by ordinance, toindemnify a municipality, except in con -nection with work f o r a municipality;

e. an elevator maintenance agreement;

f. that part o f any other contract or agree-ment pertaining to your business (includingan indemnification o f a municipality inconnection with work performed fo r amunicipality) under which you assume thetor t liability o f another party to pay fo r"bodily injury" or "property damage" to athird person or organization. Tort liabilitymeans a liability that would be imposed bylaw in the absence o f any contract oragreement.

Paragraph f. does not include that part o fany contract or agreement:

(1) that indemnifies a railroad fo r "bodilyinjury" or "property damage" arisingout o f construction or demolition o p -erations, within 50 feet o f any railroadproperty and affecting any railroadbridge or trestle, tracks, road-beds,tunnel, underpass or crossing;

(2) that indemnifies an architect, engineeror surveyor f o r injury or damage aris-ing out of:

(a) preparing, approving, or failing toprepare or approve, maps, shopdrawings, opinions, reports, su r -veys, field orders, change ordersor drawings and specifications; or

(b) giving directions or instructions,or failing to give them, i f that isthe primary cause o f the injury ordamage; or

(3) under which the Insured, i f an archi-tect, engineer or surveyor, assumes l i -ability f o r an injury or damage arisingout o f the Insured's rendering or fa i l -ure to render professional services,including those listed in (2) above andsupervisory, inspection, architecturalor engineering activities.

10. "Leased worker" means a person leased toyou by a labor leasing f i rm under an agree-ment between you and the labor leasing firm,to perform duties related to the conduct o fyour business. "Leased worker" does not in -clude a "temporary worker."

11. "Loading or unloading" means the handlingo f property:

a. after it is moved f rom the place where itis accepted fo r movement into or onto anaircraft, watercraft or "auto";

b. while it is in or on an aircraft, watercraftor "auto"; or

c. while it is being moved f rom an aircraft,watercraft or "auto" to the place where itis finally delivered;

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but "loading or unloading" does not include themovement o f property by means o f a me -chanical device, other than a hand truck, that isnot attached to the aircraft, watercraft or"auto".

12. "Mobile equipment" means any o f the f o l -lowing types o f land vehicles, including anyattached machinery or equipment:

a. bulldozers, farm machinery, fork l i f ts andother vehicles designed fo r use principallyo f f public roads;

b. vehicles maintained fo r use solely on ornext to premises you own or rent;

c. vehicles that travel on crawler treads;

d. vehicles, whether self-propel led or not,maintained primarily to provide mobility topermanently mounted:

(1) power cranes, shovels, loaders, d ig -gers or drills; or

(2) road construction or resurfacingequipment such as graders, scrapersor rollers;

e. vehicles not described in paragraph a., b.,c. or d. above that are not self-propel ledand are maintained primarily to providemobility to permanently attached equip-ment o f the fol lowing types:

(1) air compressors, pumps and gener-ators, including spraying, welding,building cleaning, geophysical explora-tion, lighting and well servicing equip-ment; or

(2) cherry pickers and similar devicesused to raise or lower workers;

f. vehicles not described in paragraph a., b.,c. or d. above maintained primarily f o rpurposes other than the transportation o fpersons or cargo.

However, self-propel led vehicles with thefol lowing types o f permanently attachedequipment are not "mobile equipment" butwill be considered "autos":

(1) equipment designed primarily for:

(a) snow removal;

(b) road maintenance, but not con -struction or resurfacing; or

(c) street cleaning;

(2) cherry pickers and similar devicesmounted on automobile or truck chas-sis and used to raise or lower wo r k -ers; and

(3) air compressors, pumps and gener-ators, including spraying, welding,building cleaning, geophysical explora-tion, lighting and well servicing equip-ment.

However, "mobile equipment" does not includeany land vehicles that are subject to a com-pulsory or financial responsibility law or othermotor vehicle insurance law where it is l i -censed or principally garaged. Land vehiclessubject to a compulsory or financial respon-sibility law or other motor vehicle insurancelaw are considered "autos".

13. "Occurrence" means an accident, includingcontinuous or repeated exposure to substan-tially the same general harmful conditions.

14. "Personal and advertising injury" means in -jury, including consequential "bodily injury,"arising out o f one or more o f the fol lowingoffenses:

a. false arrest, detention or imprisonment;

b. malicious prosecution;

c. the wrongful eviction from, wrongful en -try into, or invasion o f the right o f privateoccupancy o f a room, dwelling or p rem-ises that a person occupies, committed byor on behalf o f its owner, landlord orlessor;

d. oral or written publication, in any manner,o f material that slanders or libels a personor organization or disparages a person'sor organization's goods, products or se r -vices;

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e. oral or written publication, in any manner,o f material that violates a person's right o fprivacy;

f. the use o f another's advertising idea inyour "advertisement"; or

g. infringing upon another's copyright, tradedress or slogan in your "advertisement".

15. "Pollutants" mean any solid, liquid, gaseousor thermal irritant or contaminant, includingsmoke, vapor, soot, fumes, acids, alkalis,chemicals and waste. Waste includes materialsto be recycled, reconditioned or reclaimed.

16. "Products-completed operations hazard":

a. Includes all "bodily injury" and "propertydamage" occurring away f rom premisesyou own or rent and arising out o f "yourproduct" or "your work" except:

(1) products that are still in your physicalpossession; or

(2) work that has not yet been completedor abandoned. However, "your work"will be deemed completed at the earl i-est o f the fol lowing times:

(a) When all o f the work called f o r inyour contract has been complet-ed.

(b) When all o f the work to be doneat the job site has been com-pleted i f your contract calls f o rwork at more than one job site.

(c) When that part o f the work doneat a job site has been put to itsintended use by any person ororganization other than anothercontractor or subcontractorworking on the same project.

Work that may need service, main-tenance, correction, repair or replace-ment, but which is otherwise com-plete, will be treated as completed.

b. Does not include "bodily injury" or "p rop -erty damage" arising out of:

(1) the transportation o f property, unlessthe injury or damage arises out o f acondition in or on a vehicle not ownedor operated by you, and that conditionwas created by the "loading or un -loading" o f that vehicle by any insured;

(2) the existence o f tools, uninstalledequipment or abandoned or unusedmaterials; or

(3) products or operations f o r which theclassification, listed in the Declarationsor in a policy Schedule, states thatproducts-completed operations aresubject to the General Aggregate Limit.

17. "Property damage" means:

a. physical injury to tangible property, i n -cluding all resulting loss o f use o f thatproperty. All such loss o f use shall bedeemed to occur at the time o f the phys-ical injury that caused it; or

b. loss o f use o f tangible property that is notphysically injured. All such loss o f useshall be deemed to occur at the time o fthe "occurrence" that caused it.

For the purposes o f this insurance, electronicdata is not tangible property.

As used in this definition, electronic datameans information, facts or programs storedas or on, created or used on, or transmittedto or f rom computer software, including sys -tems and applications software, hard or f l o p -py disks, CD-ROMs, tapes, drives, cells, dataprocessing devices or any other media whichare used with electronically controlled equip-ment.

18. "Suit" means a civil proceeding in whichdamages because o f "bodily injury", "propertydamage" or "personal and advertising injury" towhich this insurance applies are alleged. "Suit"includes:

a. an arbitration proceeding in which suchdamages are claimed and to which the In-sured must submit or does submit withour consent; or

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b. any other alternative dispute resolutionproceeding in which such damages areclaimed and to which the Insured submitswith our consent.

19. "Temporary worker" means a person who isfurnished to you to substitute f o r a permanent"employee" on leave or to meet seasonal orshort - term workload conditions.

20. "Volunteer worker" means a person who isnot your "employee", and who donates his orher work and acts at the direction o f andwithin the scope o f duties determined by you,and is not paid a fee, salary or other c om-pensation by you or anyone else f o r theirwork performed f o r you.

21. "Your product":

a. Means:

(1) any goods or products, other than realproperty, manufactured, sold, handled,distributed or disposed o f by:

(a) you;

(b) others trading under your name;or

(c) a person or organization whosebusiness or assets you have ac -quired; and

(2) containers (other than vehicles), ma-terials, parts or equipment furnished inconnection with such goods or p r o -ducts.

b. Includes:

(1) warranties or representations made atany time with respect to the fitness,quality, durability, performance or useo f "your product"; and

(2) the providing o f or failure to providewarnings or instructions.

c. Does not include vending machines orother property rented to or located fo rthe use o f others but not sold.

22. "Your work":

a. Means:

(1) work or operations performed by youor on your behalf; and

(2) materials, parts or equipment furnishedin connection with such work or o p -erations.

b. Includes:

(1) warranties or representations made atany time with respect to the fitness,quality, durability, performance or useo f "your work"; and

(2) the providing o f or failure to providewarnings or instructions.

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Copyright, Insurance Services Office, Inc., 1997CG 21 00 (Ed. 07/98) PRO (Page 1 o f 1)

CG 21 00(Ed. 07/98)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION--ALL HAZARDS IN CONNECTION WITH DESIGNATED PREMISES

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Description And Location Of Premises:

(If no entry appears above, information required to complete this endorsement will be shown in theDeclarations as applicable to this endorsement.)

The fol lowing exclusion is added to Paragraph 2., Exclusions o f Section I - Coverage A - Bodily Injury AndProperty Damage Liability and Paragraph 2., Exclusions o f Section I - Coverage B - Personal AndAdvertising Injury Liability:

This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arisingout of:

1. the ownership, maintenance or use o f the premises shown in the Schedule or any property located onthese premises;

2. operations on those premises or elsewhere which are necessary or incidental to the ownership,maintenance or use o f those premises; or

3. goods or products manufactured at or distributed f rom those premises.

SPECIMEN

Copyright, Insurance Services Office, Inc., 2013CG 21 06 (Ed. 05/14)

CG 21 06 (Ed. 05 14)


EXCLUSION - ACCESS OR DISCLOSURE OFCONFIDENTIAL OR PERSONAL INFORMATION AND

DATA-RELATED LIABILITY - WITHLIMITED BODILY INJURY EXCEPTION



A. Exclusion 2.p. o f SECTION I - COVERAGE A- Bodily Injury and Property Damage Li -ability is replaced by the following:

2. Exclusions


p. Access or Disclosure of Confiden-tial or Personal Information andData-related Liability

Damages arising out of:

(1) any access to or disclosure o fany person's or organization'sconfidential or personal in forma-tion, including patents, trade s e -crets, processing methods, cus -tomer lists, financial information,credit card information, health i n -formation or any other type o fnonpublic information; or

(2) the loss of , loss o f use of , dam-age to, corruption of , inability toaccess, or inability to manipulateelectronic data.

This exclusion applies even i f damagesare claimed f o r notification costs,credit monitoring expenses, forensicexpenses, public relations expenses orany other loss, cost or expense in -curred by you or others arising out o fthat which is described in paragraph (1)or (2) above.

However, unless paragraph (1) aboveapplies, this exclusion does not applyto damages because o f "bodily injury."

As used in this exclusion, electronicdata means information, facts or p r o -grams stored as or on, created orused on, or transmitted to or f romcomputer software, including systemsand applications software, hard orf loppy disks, CD-ROMs, tapes, drives,cells, data processing devices or anyother media which are used with e lec-tronically controlled equipment.

B. The fol lowing is added to paragraph 2. Exclu-sions o f SECTION I - COVERAGE B - Per-sonal and Advertising Injury Liability:

2. Exclusions


Access or Disclosure of Confidential orPersonal Information

"Personal and advertising injury" arising outo f any access to or disclosure o f anyperson's or organization's confidential orpersonal information, including patents,trade secrets, processing methods, cus -tomer lists, financial information, creditcard information, health information or anyother type o f nonpublic information.

This exclusion applies even i f damages areclaimed f o r notification costs, credit mon -itoring expenses, forensic expenses, pub -lic relations expenses or any other loss,cost or expense incurred by you or othersarising out o f any access to or disclosureo f any person's or organization's con f i -dential or personal information.

SPECIMEN

CG 87 70 (Ed. 04/13)

CG 87 70 (Ed. 04 13)


CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION



The fol lowing exclusion is hereby added to SEC-TION I - COVERAGES:

1. Exclusion For Damage First Occurring Prior ToThe Inception Of This Policy:

This insurance does not apply to any Insured'sliability f o r damages, actual or alleged, arisingout o f "bodily injury," "property damage," or"personal and advertising injury":

a. which f i rst occurred or began prior to theinception date o f this Policy; or

b. which is, or is alleged to be, the result o fcontinuous or repeated exposure to sub-stantially the same general harmful c o n -ditions, i f any part o f the actual or alleged

"bodily injury," "property damage," or"personal and advertising injury" beginsprior to the policy period and allegedlycontinues to occur or become worse du r -ing this policy period; or

c. which was caused, or alleged to have beencaused, by any defect deficiency, i n -adequacy or condition which f i rst existedprior to the inception date o f this Policy.

We shall have no duty to defend any Insuredagainst any loss, claim, "suit," or other proceedingarising out o f or related to "bodily injury," "p rop -erty damage" or "personal and advertising injury"to which this endorsement applies.

All other terms and conditions of this Policy remain unchanged.

SPECIMEN

CG 78 72 (Ed. 03/99) XS

CG 78 72(Ed. 03 99)


EARTH MOVEMENT EXCLUSION



This insurance does not apply to any "bodily injury," "property damage," or "personal and advertisinginjury" (personal injury or advertising injury) directly or indirectly arising out of , caused by, resulting from,contributed to, or aggravated by subsidence, expanding, contracting, rising, settling, sinking, slipping,falling away, caving in, shifting, eroding, mudflow, tilting, heaving, cratering, doming, or any othermovement o f land, soil or earth, including but not limited to earthquake, landslide, mudslide, or minesubsidence, whether such movement o f land, soil, or earth occurs alone, in combination with, before,after, or concurrently with any other cause, contributing condition, or aggravating factor, either manmadeor natural.

This endorsement does not change any other provision of the policy.

SPECIMEN

Copyright, ISO Properties, Inc., 2006CG 21 47 (Ed. 12/07) XS

CG 21 47(Ed. 12 07)


EMPLOYMENT-RELATED PRACTICES EXCLUSION



A. The fol lowing exclusion is added to paragraph2., Exclusions o f Section I - Coverage A -Bodily Injury and Property Damage Liability:


"Bodily injury" to:

(1) a person arising out o f any:

(a) refusal to employ that person;

(b) termination o f that person's employ-ment; or

(c) employment-related practices, po l i -cies, acts or omissions, such as c o e r -cion, demotion, evaluation, reassign-ment, discipline, defamation, harass-ment, humiliation, discrimination ormalicious prosecution directed at thatperson; or

(2) the spouse, child, parent, brother or sistero f that person as a consequence o f"bodily injury" to that person at whom anyo f the employment-related practices d e -scribed in paragraphs (a), (b) or (c) aboveis directed.

This exclusion applies:

(1) whether the injury-causing event d e -scribed in paragraphs (a), (b) or (c)above occurs before employment,during employment or after employ-ment o f that person;

(2) whether the Insured may be liable asan employer or in any other capacity;and

(3) to any obligation to share damageswith or repay someone else who mustpay damages because o f the injury.

B. The fol lowing exclusion is added to paragraph2., Exclusions o f Section I - Coverage B -Personal and Advertising Injury Liability:


"Personal and advertising injury" to:

(1) a person arising out o f any:

(a) refusal to employ that person;

(b) termination o f that person's employ-ment; or

(c) employment-related practices, po l i -cies, acts or omissions, such as c o e r -cion, demotion, evaluation, reassign-ment, discipline, defamation, harass-ment, humiliation, discrimination ormalicious prosecution directed at thatperson; or

(2) the spouse, child, parent, brother or sistero f that person as a consequence o f "per -sonal and advertising injury" to that personat whom any o f the employment-relatedpractices described in paragraphs (a), (b)or (c) above is directed.

This exclusion applies:

(1) whether the injury-causing event d e -scribed in paragraphs (a), (b) or (c) aboveoccurs before employment, during e m -ployment or after employment o f thatperson;

(2) whether the Insured may be liable as anemployer or in any other capacity; and

(3) to any obligation to share damages with orrepay someone else who must pay dam-ages because o f the injury.

SPECIMEN

CG 22 38(Ed. 07 98)


EXCLUSION - FIDUCIARY OR REPRESENTATIVELIABILITY OF FINANCIAL INSTITUTIONS



A. The fol lowing exclusion is added to Paragraph2., Exclusions o f Section I - Coverage A -Bodily Injury And Property Damage Liabil-ity:

This insurance does not apply to "bodily i n -jury" or "property damage" arising out o f theownership, maintenance or use, including allrelated operations, o f property f o r which youare acting in a fiduciary or representative c a -pacity.

B. The fol lowing exclusion is added to Paragraph2., Exclusions o f Section I - Coverage B -Personal And Advertising Injury Liability:

This insurance does not apply to "personalinjury" or "advertising injury" arising out o f theownership, maintenance or use, including allrelated operations, o f property in which youare acting in a fiduciary or representative c a -pacity.

Copyright Insurance Services Office, Inc., 1998CG 22 38 (Ed. 07/98) XS

SPECIMEN

Copyright, ISO properties, Inc., 2012CG 21 52 (Ed. 04/13)

CG 21 52 (Ed. 04 13)


EXCLUSION - FINANCIAL SERVICES



The fol lowing exclusion is added to paragraph 2.Exclusions o f SECTION I - COVERAGE A -Bodily Injury and Property Damage Liabilityand paragraph 2. Exclusions o f SECTION I -COVERAGE B - Personal and Advertising InjuryLiability:

This insurance does not apply to "bodily injury","property damage" or "personal and advertisinginjury" resulting f rom the rendering o f or thefailure to render financial services by any insuredto others. For the purpose o f this exclusion, f i -nancial services include but are not limited to:

1. planning, administering or advising on:

a. any:

(1) investment;

(2) pension;

(3) annuity;

(4) savings;

(5) checking; or

(6) individual retirement;

plan, fund or account;

b. the issuance or withdrawal o f any bond,debenture, stock or other securities;

c. the trading o f securities, commodities orcurrencies; or

d. any acquisitions or mergers;

2. acting as a dividend disbursing agent, e x -change agent, redemption or subscriptionagent, warrant or scrip agent, fiscal or payingagent, tax withholding agent, escrow agent,clearing agent, or electronic funds transferagent;

3. lending, or arranging f o r the lending of , mon -ey, including credit card, debit card, leasing ormortgage operations or activities or interbanktransfers;

4. repossessing o f real or personal propertyf rom a borrower or acting as an assignee f o rthe benefit o f creditors;

5. checking or reporting o f credit;

6. maintaining o f financial accounts or records;

7. tax planning, tax advising or the preparation o ftax returns; or

8. selling or issuing traveler's checks, letters o fcredit, certif ied checks, bank checks or mon -ey orders.

This exclusion applies even i f the claims againstany insured allege negligence or other w r o n g -doing in the supervision, hiring, employment,training or monitoring o f others by that Insured, i fthe "occurrence" which caused the "bodily injury"or "property damage", or the offense whichcaused the "personal and advertising injury", i n -volved the rendering o f or the failure to renderfinancial services by any insured to others.SPECIM

EN


CG 21 67(Ed. 12 04)


FUNGI OR BACTERIA EXCLUSION



A. The fol lowing exclusion is added to paragraph2. Exclusions o f SECTION I - Coverage A -Bodily Injury and Property Damage Liability:

2. Exclusions


Fungi or Bacteria

a. "Bodily injury" or "property damage"which would not have occurred, inwhole or in part, but f o r the actual,alleged or threatened inhalation of , i n -gestion of , contact with, exposure to,existence of , or presence of , any"fungi" or bacteria on or within abuilding or structure, including its c o n -tents, regardless o f whether any othercause, event, material or product c o n -tributed concurrently or in any s e -quence to such injury or damage.

b. Any loss, cost or expenses arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to, or assessing theef fects of , "fungi" or bacteria, by anyinsured or by any other person or en -tity.

This exclusion does not apply to any"fungi" or bacteria that are, are on, or arecontained in, a good or product intendedf o r bodily consumption.

B. The fol lowing exclusion is added to paragraph2. Exclusions o f SECTION I - Coverage B -Personal and Advertising Injury Liability:

2. Exclusions


Fungi or Bacteria

a. "Personal and advertising injury" whichwould not have taken place, in wholeor in part, but f o r the actual, alleged orthreatened inhalation of , ingestion of ,contact with, exposure to, existenceof , or presence o f any "fungi" or bac-teria on or within a building or s t ruc-ture, including its contents, regardlesso f whether any other cause, event,material or product contributed c o n -currently or in any sequence to suchinjury.

b. Any loss, cost or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to, or assessing theef fects of , "fungi" or bacteria, by anyinsured or by any other person or en -tity.

C. The fol lowing definition is added to the Def i -nitions Section:

"Fungi" means any type or fo rm o f fungus,including mold or mildew and any mycotoxins,spores, scents or byproducts produced orreleased by fungi.

SPECIMEN

Copyright, ISO Properties, Inc., 2012CG 22 48 (Ed. 04/13)

CG 22 48 (Ed. 04 13)


EXCLUSION - INSURANCE AND RELATED OPERATIONS



The fol lowing exclusion is added to paragraph 2.Exclusions o f SECTION I - COVERAGE A -Bodily Injury and Property Damage Liabilityand paragraph 2. Exclusions o f SECTION I -COVERAGE B - Personal and Advertising InjuryLiability:

This insurance does not apply to "bodily injury","property damage" or "personal and advertisinginjury" f o r which the Insured may be held liable:

1. because of:

a. any obligation assumed by any insured; or

b. the failure to discharge, or the improperdischarge of , any obligation or duty, c o n -tractual or otherwise;

with respect to any contract or treaty o f i n -surance, reinsurance, suretyship, annuity, en -dowment or employee benefit plan, includingapplications, receipts or binders;

2. because o f the membership in or contributionto or management or administration o f anyinsurance plan, pool, association, insolvencyor guarantee fund or any similar insurancefund, organization or association, whethervoluntary or involuntary; or

3. resulting f rom the rendering o f or failure torender the fol lowing professional services:

a. advising, inspecting, reporting or makingrecommendations in the Insured's capacityas an insurance company, consultant,broker, agent or representative thereof;

b. effecting insurance, reinsurance or su r -etyship coverages;

c. investigating, defending or settling anyclaim under any contract or treaty o f i n -surance, selfinsurance, reinsurance orsuretyship;

d. auditing or maintaining accounts orrecords o f others;

e. conducting an investment, loan or real e s -tate department or operations;

f. acting in any capacity as a fiduciary ortrustee f o r mutual funds, pension or w e l -fare funds, annuities, endowments, e m -ployee benefit plans or other similar a c -tivities; or

g. performing any claim, investigative, ad -justment, engineering, inspection, consult-ing, survey, audit, appraisal, actuarial ordata processing service f o r a fee.

This exclusion applies even i f the claims againstany insured allege negligence or other w r o n g -doing in the supervision, hiring, employment,training or monitoring o f others by that Insured, i fthe "occurrence" which caused the "bodily injury"or "property damage", or the offense whichcaused the "personal and advertising injury", i n -volved that which is described in paragraph 1., 2.or 3.SPECIM

EN

Includes copyrighted material o f Insurance Services Office, Inc., with its permission.CG 77 94 (Ed. 07/98) XS

CG 77 94(Ed. 07 98)


EXCLUSION - LIABILITY ARISING OUT OF LEAD


COMMERCIAL GENERAL LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS COVERAGE PART


1. "bodily injury," "property damage," or "per -sonal and advertising injury" arising out of ,resulting from, or in any way caused by orrelated to the actual, alleged or threatenedingestion, inhalation, absorption, or exposureto lead in any fo rm f rom any source; or

2. any loss, cost, expense, liability or other typeo f obligation arising out o f or resulting from,or in any way related to, any:

a. claim, suit, request, demand, directive, ororder by or on behalf o f any person, en -tity, or governmental authority that any In-sured or others test for , monitor, cleanup, remove, contain, treat, detoxify, neu-

tralize, or in any way respond to, or as-sess the ef fects o f lead in any fo rm f romany source, or to any

b. claim or suit by or on behalf o f any p e r -son, entity, or governmental authority f o rdamages or any other relief or remedybecause o f testing for , monitoring, clean-ing up, removing, containing, treating ordetoxifying or neutralizing, or in any wayresponding to, or assessing the ef fects o flead in any form.

We shall not be obligated to investigate on behalfo f an Insured or to defend or indemnify an In-sured or any person or entity claiming any rightunder the policy f o r the matters excluded in thisendorsement.

SPECIMEN

CG 83 66 (Ed. 06/05) XS (Page 1 o f 2)

CG 83 66(Ed. 06 05)


NUCLEAR, BIOLOGICAL, OR CHEMICAL EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE FORMOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM -

COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTORS

A. The fol lowing exclusion is hereby added toparagraph 2. Exclusions o f SECTION I -COVERAGE A. Bodily Injury and PropertyDamage Liability, o f the Commercial Gen-eral Liability Coverage Form, and to para-graph 2., Exclusions, o f SECTION I. COV-ERAGES, o f the Owners and ContractorsProtective Liability Coverage Form - Cov-erage for Operations of Designated Con-tractor:

2. Exclusions

Nuclear, Biological, or Chemical

Notwithstanding any other provision o fthis policy, this insurance does not applyto any "bodily injury" or "property damage"caused, directly or indirectly, in whole orin part, by any o f the following, regardlesso f any other cause(s) or event(s) that maycontribute concurrently or in any othersequence to the "bodily injury" or "p rop -erty damage":

(1) Any actual, attempted, suspected, orthreatened use o f any "NBC material"as part o f any plan, ef for t , or design,actually or apparently intended tocause any:

(a) loss or damage to any tangible orintangible property, or

(b) "bodily injury" or emotional d is -tress.

(2) Any actual, attempted, suspected, orthreatened presence, spread, dissemi-nation, release, escape, or distributiono f any "NBC material" as a direct orindirect result o f any actual, attempted,suspected, or threatened plan, ef for t ,or design, actually or apparently i n -tended to cause any:



"NBC Material" means any nuclear, b i o -logical, or chemical material or substancethat causes damage to property or isharmful to human health. "NBC material"includes, but is not limited to:

(1) any radioactive substance or material,and the radiation it releases,

(2) any pathogen, bacterium, microbe,virus, or other organism,

(3) any substance or material produced byor f rom any pathogen, bacterium, m i -crobe, virus, or other organism, and

(4) any poison, toxin, or other harmfulchemical, substance, or material.

The foregoing list (1) through (4) is onlyillustrative, and should not be construed asa complete, exclusive, or exhaustive list o fall "NBC materials."

SPECIMEN

CG 83 66 (Ed. 06/05) XS (Page 2 o f 2)

B. The fol lowing exclusion is hereby added toparagraph 2., Exclusions o f SECTION I.COVERAGE B., Personal and Advertising In -jury Liability o f the Commercial General L i -ability Coverage Form:

2. Exclusions

Nuclear, Biological, or Chemical

Notwithstanding any other provision o fthis policy, this insurance does not applyto any "personal or advertising injury"caused, directly or indirectly, in whole orin part, by any o f the following, regardlesso f any other cause(s) or event(s) that maycontribute concurrently or in any othersequence to the "personal and advertisinginjury":

(1) Any actual, attempted, suspected, orthreatened use o f any "NBC material"as part o f any plan, ef for t , or design,actually or apparently intended tocause any:



(2) Any actual, attempted, suspected, orthreatened presence, spread, dissemi-nation, release, escape, or distribution

o f any "NBC material" as a direct orindirect result o f any actual, attempted,suspected, or threatened plan, ef for t ,or design, actually or apparently i n -tended to cause any:



"NBC Material" means any nuclear, b i o -logical, or chemical material or substancethat causes damage to property or isharmful to human health. "NBC material"includes, but is not limited to:

(1) any radioactive substance or material,and the radiation it releases,

(2) any pathogen, bacterium, microbe,virus, or other organism,

(3) any substance or material produced byor f rom any pathogen, bacterium, m i -crobe, virus, or other organism, and

(4) any poison, toxin, or other harmfulchemical, substance, or material.

The foregoing list (1) through (4) is onlyillustrative, and should not be construed asa complete, exclusive, or exhaustive list o fall "NBC materials."

This endorsement does not change any other provision of the policy.

SPECIMEN

CG 84 81 (Ed. 01/10) XS (Page 1 o f 2)

CG 84 81(Ed. 01 10)


ORGANIC PATHOGEN EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR

OPERATIONS OF DESIGNATED CONTRACTOR

A. The fol lowing exclusion is added to paragraph2., Exclusions, o f Section I. Coverage A.Bodily Injury and Property Damage Liabil-ity, o f the Commercial General LiabilityCoverage Form:

2. Exclusions


Organic Pathogens

a. Any "bodily injury" which would nothave occurred, in whole or in part, butf o r the actual, alleged, threatened, orsuspected inhalation or ingestion of ,exposure to, discharge, dispersal,seepage, migration, growth, release orescape, or contact with any "organicpathogen."

b. Any "property damage" which wouldnot have occurred in whole or in part,but f o r the actual, alleged, threatened,or suspected contact with, exposureto, discharge, dispersal, seepage, m i -gration, growth, release or escape,existence of , or presence of , any " o r -ganic pathogen."

c. Any loss, cost or expense arising outo f any:

(i) request, demand, order or statu-tory or regulatory requirementthat any insured or others testfor , monitor, clean up, remove,contain, treat, detoxify or neu-

tralize, or in any way respond to,or assess the ef fects o f any " o r -ganic pathogen," or

(ii) claim or suit by or on behalf o f agovernmental authority f o r dam-ages because o f testing for ,monitoring, cleaning up, removing,containing, treating, detoxifying orneutralizing, or in any way r e -sponding to, or assessing the e f -fects o f any "organic pathogen."

This exclusion applies regardless o f thecircumstances o f or leading to such actual,alleged, threatened, or suspected inhala-tion, ingestion, exposure, contact, ex is -tence, or presence.

B. The fol lowing exclusion is added to paragraph2., Exclusions, o f Section I. Coverage B.Personal and Advertising Injury Liability, o fthe Commercial General Liability CoverageForm:

2. Exclusions


Organic Pathogens

a. Any "personal and advertising injury"which would not have taken place, inwhole or in part, but f o r the actual,alleged, threatened, or suspected in -halation or ingestion of , contact with,exposure to, existence of , or p res -ence o f any "organic pathogen."

SPECIMEN

CG 84 81 (Ed. 01/10) XS (Page 2 o f 2)

b. Any loss, cost or expense arising outo f any:

(i) request, demand, order or statu-tory or regulatory requirementthat any insured or others testfor , monitor, clean up, remove,contain, treat, detoxify or neu-tralize, or in any way respond to,or assess the ef fects o f any " o r -ganic pathogen," or

(ii) claim or suit by or on behalf o f agovernmental authority f o r dam-ages because o f testing for ,monitoring, cleaning up, removing,containing, treating, detoxifying or

neutralizing, or in any way r e -sponding to, or assessing the e f -fects o f any "organic pathogen."

This exclusion applies regardless o f thecircumstances o f or leading to such actual,alleged, threatened, or suspected inhala-tion, ingestion, exposure, contact, ex is -tence, or presence.

C. The fol lowing definition is added to the Def i -nitions section:

"Organic pathogen" means any bacteria i n -cluding Escherichia coli, Salmonella, Listerium,microbe, virus, fungi, mold, mildew, myco tox -ins, spores, or their scent or byproducts.

This endorsement does not change any other provision of the Policy.

SPECIMEN

Insurance Services Office, Inc., 2015CG 21 76 (Ed. 01/15)

CG 21 76 (Ed. 01/15)


EXCLUSION OF PUNITIVE DAMAGES RELATEDTO A CERTIFIED ACT OF TERRORISM


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. The fol lowing exclusion is added:


TERRORISM PUNITIVE DAMAGES

Damages arising, directly or indirectly, out o fa "certified act o f terrorism" that are awardedas punitive damages.

B. The fol lowing definition is added:

"Certified act o f terrorism" means an act thatis certif ied by the Secretary o f the Treasury,in accordance with the provisions o f the f e d -eral Terrorism Risk Insurance Act, to be an acto f terrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Actf o r a "certified act o f terrorism" include thefollowing:

1. The act resulted in insured losses in e x -cess o f $5 million in the aggregate, at t r ib-utable to all types o f insurance subject tothe Terrorism Risk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property or i n -frastructure and is committed by an in -dividual or individuals as part o f an e f fo r tto coerce the civilian population o f theUnited States or to influence the policy oraf fect the conduct o f the United StatesGovernment by coercion.

C. The terms and limitations o f any terrorismexclusion, or the inapplicability or omission o fa terrorism exclusion, do not serve to createcoverage f o r injury or damage that is o ther -wise excluded under this Coverage Part.

SPECIMEN

Copyright, ISO Properties, Inc., 2008CG 00 68 (Ed. 05/09) XS (Page 1 o f 2)

CG 00 68(Ed. 05 09)


RECORDING AND DISTRIBUTION OF MATERIAL ORINFORMATION IN VIOLATION OF LAW EXCLUSION



A. Exclusion q. o f paragraph 2. Exclusions o fSection I - Coverage A - Bodily Injury andProperty Damage Liability is replaced by thefollowing:

2. Exclusions


q. Recording and Distribution of M a -terial or Information in Violation ofLaw

"Bodily injury" or "property damage"arising directly or indirectly out o f anyaction or omission that violates or isalleged to violate:

(1) the Telephone Consumer Protec-tion Act (TCPA), including anyamendment o f or addition to suchlaw;

(2) the CAN-SPAM Act o f 2003, i n -cluding any amendment o f or ad -dition to such law;

(3) the Fair Credit Reporting Act(FCRA), and any amendment o f oraddition to such law, including theFair and Accurate Credit Transac-tion Act (FACTA); or

(4) any federal, state or local statute,ordinance or regulation, otherthan the TCPA, CAN-SPAM Acto f 2003 or FCRA and theiramendments and additions, thataddresses, prohibits, or limits theprinting, dissemination, disposal,collecting, recording, sending,

transmitting, communicating ordistribution o f material or i n f o r -mation.

B. Exclusion p. o f paragraph 2. Exclusions o fSection I - Coverage B - Personal and A d -vertising Injury Liability is replaced by thefollowing:

2. Exclusions


p. Recording and Distribution of M a -terial or Information in Violation ofLaw

"Personal and advertising injury" arisingdirectly or indirectly out o f any actionor omission that violates or is allegedto violate:

(1) the Telephone Consumer Protec-tion Act (TCPA), including anyamendment o f or addition to suchlaw;

(2) the CAN-SPAM Act o f 2003, i n -cluding any amendment o f or ad -dition to such law;

(3) the Fair Credit Reporting Act(FCRA), and any amendment o f oraddition to such law, including theFair and Accurate Credit Transac-tion Act (FACTA); or

(4) any federal, state or local statute,ordinance or regulation, otherthan the TCPA, CAN-SPAM Acto f 2003 or FCRA and theiramendments and additions, that

SPECIMEN

Copyright, ISO Properties, Inc., 2008CG 00 68 (Ed. 05/09) XS (Page 2 o f 2)

addresses, prohibits, or limits theprinting, dissemination, disposal,collecting, recording, sending,

transmitting, communicating ordistribution o f material or i n f o r -mation.

SPECIMEN

CG 83 61 (Ed. 02/05) XS (Page 1 o f 2)

CG 83 61(Ed. 02 05)


SILICA OR RELATED DUST EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE FORMOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE

FOR OPERATIONS OF DESIGNATED CONTRACTOR

A. The fol lowing exclusion is added to paragraph2., Exclusions, o f SECTION I. Coverage A.Bodily Injury and Property Damage Liabil-ity, o f the Commercial General LiabilityCoverage Form, and to paragraph 2., Exclu-sions, o f SECTION I. COVERAGES, o f theOwners and Contractors Protective LiabilityCoverage Form - Coverage for Operationsof Designated Contractor:

2. Exclusions


Silica or Related Dust

a. Any "bodily injury" which would nothave occurred, in whole or in part, butf o r the actual, alleged, threatened, orsuspected inhalation or ingestion of ,exposure to, or contact with, "silica"or dust that includes or contains "sil i-ca."

b. Any "property damage" which wouldnot have occurred, in whole or in part,but f o r the actual, alleged, threatened,or suspected contact with, exposureto, existence of , or presence of , "si l i-ca" or dust that includes or contains"silica."

c. Any loss, cost or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to or assessing the

ef fects of , "silica" or dust that includesor contains "silica," by any insured orby any other person or entity.

This exclusion applies regardless of:

(i) the circumstances o f or leadingto such actual, alleged, threat-ened, or suspected inhalation, i n -gestion, exposure, contact, ex is -tence, or presence; and

(ii) whether the "silica" or dust thatincludes or contains "silica," ismixed or combined with, or alsoincludes or contains, any othersubstance.

B. The fol lowing exclusion is added to paragraph2., Exclusions o f SECTION I. Coverage B.Personal and Advertising Injury Liability o fthe Commercial General Liability CoverageForm:

2. Exclusions


Silica or Related Dust

a. Any "personal and advertising injury"which would not have taken place, inwhole or in part, but f o r the actual,alleged, threatened, or suspected in -halation or ingestion of , contact with,exposure to, existence of , or p res -ence of , "silica" or dust that includesor contains "silica."

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CG 83 61 (Ed. 02/05) XS (Page 2 o f 2)

b. Any loss, cost, or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to or assessing theef fects of , "silica" or dust that includesor contains "silica," by any insured orby any other person or entity.



(ii) whether the "silica" or dust thatincludes or contains "silica," ismixed or combined with, or alsoincludes or contains, any othersubstance.

C. The fol lowing definition is added to the Def i -nitions Section:

"Silica" means silicon dioxide (SiO2) in anyform, f rom any source.

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CG 91 63 (Ed. 06/19) (Page 1 o f 2)

CG 91 63 (Ed. 06/19)


TECHNOLOGY EXCLUSION



The following exclusion is added to Paragraph 2., Exclusions o f Section I - Coverage A - BodilyInjury And Property Damage Liability and Paragraph 2., Exclusions o f Section I - Coverage B -Personal And Advertising Injury Liability

Any and all liability o f any nature, including, but not limited to settlements, judgments, costs, charges,expenses, costs o f investigations, or the fees o f attorneys, experts, consultants or medical personnel,arising out of , caused by, resulting from, contributed to, aggravated by, or related in any way, eitherdirectly or indirectly, and either in whole or in part, to:

1. any "bodily injury", "property damage", or "personal injury" or "advertising injury" arising out o f theinsured's rendering o f or failure to render any "professional service", including, but not limited to,any "professional service" in connection with any o f the following activities or operations:

a. providing, installing, maintaining, or servicing any alarm monitoring system or 911 call center;

b. providing, designing, installing, maintaining or servicing "Internet" service or "Internet" access;

c. selling, licensing, franchising, designing, writing, or furnishing any computer software, including,but not limited to, electronic data processing programs and any designs, specifications, manuals,or instructions relating to such programs;

d. "electronic data" processing, computer consulting, or computer programming services, advice,or instruction;

e. evaluating, consulting, or advising with regard to telecommunications equipment or services;

f. evaluating, consulting, advising, inspecting, supervising, providing quality control, providingtelephone network set-up, or providing central o f f ice cabling, on any project on which youserve as a telecommunications equipment or service provider;

g. providing telecommunications equipment or services;

h. "Internet" site design, construction, management, hosting, or consulting services; or

i. evaluating, consulting, or advising concerning "Internet" service or "Internet" access.

As used in this exclusion:

"Internet" means the international computer network o f interoperable packet switched data networks,including, but not limited to, e-mail and the World Wide Web.

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CG 91 63 (Ed. 06/19) (Page 2 o f 2)

"Professional service" means any service that:

a. is performed in the course o f the insured's business, whether or not f o r a fee;

b. requires the application o f specialized education, knowledge, labor, judgment, or skill;

c. is predominantly mental or intellectual (as opposed to physical or manual) in nature.

This endorsement does not change any other provision of the Policy.

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CG 21 65(Ed. 12 04)


TOTAL POLLUTION EXCLUSION WITH A BUILDINGHEATING, COOLING AND DEHUMIDIFYING EQUIPMENT

EXCEPTION AND A HOSTILE FIRE EXCEPTION



Exclusion f. under paragraph 2. Exclusions o fSECTION I - Coverage A - Bodily Injury andProperty Damage Liabilityis replaced by the f o l -lowing:


f. Pollution

(1) "Bodily injury" or "property damage" whichwould not have occurred in whole or partbut f o r the actual, alleged or threateneddischarge, dispersal, seepage, migration,release or escape o f "pollutants" at anytime.


(a) "bodily injury" i f sustained within abuilding which is or was at any timeowned or occupied by, or rented orloaned to, any insured and caused bysmoke, fumes, vapor or soot p r o -duced by or originating f rom equip-ment that is used to heat, cool or d e -humidify the building, or equipmentthat is used to heat water f o r personaluse, by the building's occupants ortheir guest; or

(b) "bodily injury" or "property damage"arising out o f heat, smoke or fumesf rom a "hostile fire" unless that "hostilefire" occurred or originated:

(i) at any premises, site or locationwhich is or was at any time usedby or f o r any insured or othersf o r the handling, storage, d ispos-al, processing or treatment o fwaste; or

(ii) at any premises, site or locationon which any insured or any c o n -tractors or subcontractors w o r k -ing directly or indirectly on anyinsured's behalf are performingoperations to test for , monitor,clean up, remove, contain, treat,detoxify, neutralize or in any wayrespond to, or assess the ef fectsof , "pollutants."

(2) Any loss, cost or expense arising out o fany:

(a) request, demand, order or statutory orregulatory requirement that any insuredor others test for , monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to,or assess the ef fects o f "pollutants";or

(b) claim or suit by or on behalf o f agovernmental authority f o r damagesbecause o f testing for , monitoring,cleaning up, removing, containing,treating, detoxifying or neutralizing, orin any way responding to, or assessingthe ef fects of , "pollutants."SPECIM

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Insurance Services Office, Inc., 2014CG 21 09 (Ed. 06/15) (Page 1 o f 2)

CG 21 09 (Ed. 06/15)


EXCLUSION - UNMANNED AIRCRAFT



A. Exclusion 2.g. Aircraft, Auto Or Watercraftunder Section I - Coverage A - Bodily In -jury And Property Damage Liability is r e -placed by the following:

2. Exclusions


g. Aircraft, Auto Or Watercraft

(1) Unmanned Aircraft

"Bodily injury" or "property dam-age" arising out o f the ownership,maintenance, use or entrustmentto others o f any aircraft that is an"unmanned aircraft". Use includesoperation and "loading or unload-ing".

This Paragraph g.(1) applies eveni f the claims against any insuredallege negligence or otherwrongdoing in the supervision,hiring, employment, training ormonitoring o f others by that i n -sured, i f the "occurrence" whichcaused the "bodily injury" or"property damage" involved theownership, maintenance, use orentrustment to others o f any a i r -craft that is an "unmanned ai r -craft".

(2) Aircraft (Other Than UnmannedAircraft), Auto Or Watercraft

"Bodily injury" or "property dam-age" arising out o f the ownership,maintenance, use or entrustmentto others o f any aircraft (otherthan "unmanned aircraft"), "auto"

or watercraft owned or operatedby or rented or loaned to anyinsured. Use includes operationand "loading or unloading".

This Paragraph g.(2) applies eveni f the claims against any insuredallege negligence or otherwrongdoing in the supervision,hiring, employment, training ormonitoring o f others by that i n -sured, i f the "occurrence" whichcaused the "bodily injury" or"property damage" involved theownership, maintenance, use orentrustment to others o f any a i r -craft (other than "unmanned ai r -craft"), "auto" or watercraft that isowned or operated by or rentedor loaned to any insured.

This Paragraph g.(2) does not ap -ply to:

(a) A watercraft while ashoreon premises you own orrent;

(b) A watercraft you do notown that is:

(i) Less than 26 feet long;and

(ii) Not being used to carrypersons or propertyf o r a charge;

(c) Parking an "auto" on, or onthe ways next to, premisesyou own or rent, provided

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Insurance Services Office, Inc., 2014CG 21 09 (Ed. 06/15) (Page 2 o f 2)

the "auto" is not owned byor rented or loaned to youor the insured;

(d) Liability assumed under any"insured contract" f o r theownership, maintenance oruse o f aircraft or wa te r -craft; or

(e) "Bodily injury" or "propertydamage" arising out of:

(i) The operation o f ma-chinery or equipmentthat is attached to, orpart of , a land vehiclethat would qualify underthe definition o f "mobileequipment" i f it werenot subject to a c o m -pulsory or financial r e -sponsibility law or othermotor vehicle insurancelaw where it is licensedor principally garaged;or

(ii) The operation o f any o fthe machinery or equip-ment listed in Paragraphf.(2) or f.(3) o f thedefinition o f "mobileequipment".

B. The fol lowing exclusion is added to Paragraph2. Exclusions of Coverage B - PersonalAnd Advertising Injury Liability:

2. Exclusions


Unmanned Aircraft

"Personal and advertising injury" arising outo f the ownership, maintenance, use or en -trustment to others o f any aircraft that isan "unmanned aircraft". Use includes o p -eration and "loading or unloading".

This exclusion applies even i f the claimsagainst any insured allege negligence orother wrongdoing in the supervision, h i r -ing, employment, training or monitoring o fothers by that insured, i f the offensewhich caused the "personal and advertisinginjury" involved the ownership, mainten-ance, use or entrustment to others o f anyaircraft that is an "unmanned aircraft".


a. The use o f another's advertising idea inyour "advertisement"; or

b. Infringing upon another's copyright,trade dress or slogan in your "adver-tisement".

C. The fol lowing definition is added to the Def i -nitions section:

"Unmanned aircraft" means an aircraft that isnot:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;

to be controlled directly by a person f romwithin or on the aircraft.

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CG 89 01 (Ed. 03/14)

CG 89 01 (Ed. 03 14)


NON-CUMULATION OF LIMITS



The fol lowing is added to SECTION III - LIMITSOF INSURANCE:

Non-Cumulation of Limits - Bodily Injury andProperty Damage Liability

I f any "bodily injury" or "property damage" is c o v -ered, in whole or in part, under this policy andunder any other policy issued to you by us or byany affiliated insurance company, either before orafter this policy was issued, then:

1. The Each Occurrence Limit, and the applicableaggregate limit o f insurance under this policy,shall be reduced by the amount o f each pay-ment o f damages because o f such "bodilyinjury" or "property damage" made under anyother such policy; and

2. Regardless o f the number o f years this insur-ance remains in force, the number o f policyperiods, the number o f premiums paid, or thenumber o f policies issued, no Each Occur-rence Limit nor any applicable aggregate limito f insurance cumulates f rom year to year,f rom policy to policy, or f rom policy periodto policy period.

Any "bodily injury" or "property damage" that e x -tends over or occurs during the period o f morethan one policy, in whole or in part, shall bedeemed to have been caused by the same " o c -currence."

Non-Cumulation of Limits - Personal and A d -vertising Injury Liability

I f any "personal and advertising injury" is covered,in whole or in part, under this policy and underany other policy issued to you by us or by anyaffiliated insurance company, either before orafter this policy was issued, then:

1. The Personal and Advertising Limit, and theapplicable aggregate limit o f insurance underthis policy, shall be reduced by the amount o feach payment o f damages because o f such"personal and advertising injury" made underany other such policy; and

2. Regardless o f the number o f years this insur-ance remains in force, the number o f policyperiods, the number o f premiums paid, or thenumber o f policies issued, no Personal andAdvertising Injury Limit nor any applicable ag-gregate limit o f insurance cumulates f romyear to year, f rom policy to policy, or f rompolicy period to policy period.

Any "personal and advertising injury" that extendsover or takes place during the period o f morethan one policy, in whole or in part, shall bedeemed to have been caused by the earliest o f -fense taking place in any o f the policy periods.

This endorsement does not apply to any policyissued by us, or by any affiliated insurance c o m -pany, to apply specifically as excess insuranceover this Policy.

This endorsement does not change any other provision of the policy.SPECIM

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Copyright, ISO Properties, Inc., 2006CG 04 35 (Ed. 12/07) PRO (Page 1 o f 8)

CG 04 35(Ed. 12 07)


EMPLOYEE BENEFITS LIABILITY COVERAGE

THIS ENDORSEMENT PROVIDES CLAIMS-MADE COVERAGE.PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY.



Schedule

Each EmployeeCoverage Limit of Insurance Deductible Premium

Employee Benefits $ each employee $ $

Programs $ aggregate

Retroactive Date:

Information required to complete this Schedule, i f not shown above, will be shown in the Declarations.

A. The fol lowing is added to SECTION I - COVERAGES:

Coverage - Employee Benefits Liability


a. We will pay those sums that the Insured becomes legally obligated to pay as damages because o fany act, error or omission, o f the Insured, or o f any other person f o r whose acts the Insured islegally liable, to which this insurance applies. We will have the right and duty to defend the Insuredagainst any "suit" seeking those damages. However, we will have no duty to defend the Insuredagainst any "suit" seeking damages to which this insurance does not apply. We may, at ourdiscretion, investigate any report o f an act, error or omission and settle any "claim" or "suit" thatmay result. But:

(1) the amount we will pay f o r damages is limited as described in paragraph D. (SECTION III -LIMITS OF INSURANCE); and

(2) our right and duty to defend ends when we have used up the applicable Limit o f Insurance inthe payment o f judgments or settlements.

No other obligation or liability to pay sums or perform acts or services is covered unlessexplicitly provided f o r under Supplementary Payments.SPECIM

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b. This insurance applies to damages only if:

(1) the act, error or omission, is negligently committed in the "administration" o f your "employeebenefit program";

(2) the act, error or omission, did not take place before the Retroactive Date, i f any, shown in theSchedule nor after the end o f the policy period; and

(3) a "claim" f o r damages, because o f an act, error or omission, is f i rst made against any insured,in accordance with paragraph c. below, during the policy period or an Extended ReportingPeriod we provide under paragraph F. o f this endorsement.

c. A "claim" seeking damages will be deemed to have been made at the earlier o f the fol lowing times:

(1) when notice o f such "claim" is received and recorded by any insured or by us, whichevercomes first; or

(2) when we make settlement in accordance with paragraph a. above.

A "claim" received and recorded by the Insured within 60 days after the end o f the policy periodwill be considered to have been received within the policy period, i f no subsequent policy isavailable to cover the claim.

d. All "claims" f o r damages made by an "employee" because o f any act, error or omission, or a serieso f related acts, errors or omissions, including damages claimed by such "employee's" dependentsand beneficiaries, will be deemed to have been made at the time the f i rst o f those "claims" is madeagainst any insured.

2. Exclusions


a. Dishonest, Fraudulent, Criminal or Malicious Act

Damages arising out o f any intentional, dishonest, fraudulent, criminal or malicious act, error oromission, committed by any insured, including the willful or reckless violation o f any statute.

b. Bodily Injury, Property Damage, or Personal And Advertising Injury

"Bodily injury," "property damage" or "personal and advertising injury."

c. Failure to Perform a Contract

Damages arising out o f failure o f performance o f contract by any insurer.

d. Insufficiency of Funds

Damages arising out o f an insufficiency o f funds to meet any obligations under any plan included inthe "employee benefit program."

e. Inadequacy of Performance of Investment/Advice Given With Respect to Participation

Any "claim" based upon:

(1) failure o f any investment to perform;

(2) errors in providing information on past performance o f investment vehicles; or

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(3) advice given to any person with respect to that person's decision to participate or not toparticipate in any plan included in the "employee benefit program."

f. Workers' Compensation and Similar Laws

Any "claim" arising out o f your failure to comply with the mandatory provisions o f any workers'compensation, unemployment compensation insurance, social security or disability benefits law orany similar law.

g. Erisa

Damages f o r which any insured is liable because o f liability imposed on a fiduciary by the EmployeeRetirement Income Security Act o f 1974, as now or hereafter amended, or by any similar federal,state or local laws.

h. Available Benefits

Any "claim" f o r benefits to the extent that such benefits are available, with reasonable e f fo r t andcooperation o f the Insured, f rom the applicable funds accrued or other collectible insurance.

i. Taxes, Fines or Penalties

Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similarstate or local law.

j. Employment-Related Practices

Damages arising out o f wrongful termination o f employment, discrimination, or otheremployment-related practices.

B. For the purposes o f the coverage provided by this endorsement:

1. All references to Supplementary Payments - Coverages A and B are replaced by SupplementaryPayments - Coverages A , B and Employee Benefits Liability.

2. Paragraphs 1.b. and 2. o f the Supplementary Payments provision do not apply.

C. For the purposes o f the coverage provided by this endorsement, paragraphs 2. and 3. o f SECTION II - WHOIS AN INSURED are replaced by the following:

2. Each o f the fol lowing is also an insured:

a. Each o f your "employees" who is or was authorized to administer your employee benefit program."

b. Any persons, organizations or "employees" having proper temporary authorization to administeryour "employee benefit program" i f you die, but only until your legal representative is appointed.

c. Your legal representative i f you die, but only with respect to duties as such. That representative willhave all your rights and duties under this Endorsement.

3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liabilitycompany, and over which you maintain ownership or majority interest, will qualify as a named insured i fno other similar insurance applies to that organization. However:

a. Coverage under this provision is afforded only until the 90th day after you acquire or fo rm theorganization or the end o f the policy period, whichever is earlier.

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b. Coverage under this provision does not apply to any act, error or omission that was committedbefore you acquired or formed the organization.

D. For the purposes o f the coverage provided by this endorsement, SECTION III - LIMITS OF INSURANCE isreplaced by the following:

1. Limits of Insurance

a. The Limits o f Insurance shown in the Schedule and the rules below f ix the most we will payregardless o f the number of:

(1) insureds;

(2) "claims" made or "suits" brought;

(3) persons or organizations making "claims" or bringing "suits";

(4) acts, errors or omissions; or

(5) benefits included in your "employee benefit program."

b. The Aggregate Limit is the most we will pay f o r all damages because o f acts, errors or omissionsnegligently committed in the "administration" o f your "employee benefit program."

c. Subject to the Aggregate Limit, the Each Employee Limit is the most we will pay f o r all damagessustained by any one "employee," including damages sustained by such "employee's" dependents andbeneficiaries, as a result of:

(1) an act, error or omission; or

(2) a series o f related acts, errors or omissions

negligently committed in the "administration" o f your "employee benefit program."

However, the amount paid under this endorsement shall not exceed, and will be subject to, the limitsand restrictions that apply to the payment o f benefits in any plan included in the "employee benefitprogram."

The Limits o f Insurance o f this endorsement apply separately to each consecutive annual period andto any remaining period o f less than 12 months, starting with the beginning o f the policy periodshown in the Declarations o f the Policy to which this endorsement is attached, unless the policyperiod is extended after issuance f o r an additional period o f less than 12 months. In that case, theadditional period will be deemed part o f the last preceding period f o r purposes o f determining theLimits o f Insurance.

2. Deductible

a. Our obligation to pay damages on behalf o f the Insured applies only to the amount o f damages inexcess o f the deductible amount stated in the Schedule as applicable to Each Employee. The Limitso f Insurance shall not be reduced by the amount o f this deductible.

b. The deductible amount stated in the Schedule applies to all damages sustained by any one"employee," including such "employee's" dependents and beneficiaries, because o f all acts, errors oromissions to which this insurance applies.

c. The terms o f this insurance, including those with respect to:

(1) our right and duty to defend any "suits" seeking those damages; and

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(2) your duties, and the duties o f any other involved insured, in the event o f an act, error oromission, or "claim."

apply irrespective o f the application o f the deductible amount.

d. We may pay any part or all o f the deductible amount to ef fec t settlement o f any "claim" or "suit"and, upon notification o f the action taken, you shall promptly reimburse us f o r such part o f thedeductible amount as we have paid.

E. For the purposes o f the coverage provided by this endorsement, Conditions 2. and 4. o f SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS are replaced by the following:

2. Duties in The Event of An Act, Error or Omission, or "Claim" or "Suit"

a. You must see to it that we are notified as soon as practicable o f an act, error or omission whichmay result in a "claim." To the extent possible, notice should include:

(1) what the act, error or omission was and when it occurred; and

(2) the names and addresses o f anyone who may suf fer damages as a result o f the act, error oromission.

b. I f a "claim" is made or "suit" is brought against any insured, you must:

(1) immediately record the specifics o f the "claim" or "suit" and the date received; and


You must see to it that we receive written notice o f the "claim" or "suit" as soon as practicable.


(1) immediately send us copies o f any demands, notices, summonses or legal papers received inconnection with the "claim" or "suit";

(2) authorize us to obtain records and other information;

(3) cooperate with us in the investigation or settlement o f the "claim" or defense against the "suit";and

(4) assist us, upon our request, in the enforcement o f any right against any person or organizationwhich may be liable to the Insured because o f an act, error or omission to which this insurancemay also apply.

d. No insured will, except at that Insured's own cost, voluntarily make a payment, assume anyobligation or incur any expense without our consent.

4. Other Insurance

I f other valid and collectible insurance is available to the Insured f o r a loss we cover under thisendorsement, our obligations are limited as follows:


This insurance is primary except when paragraph b. below applies. I f this insurance is primary, ourobligations are not affected unless any o f the other insurance is also primary. Then, we will sharewith all that other insurance by the method described in paragraph c. below.

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b. Excess Insurance

(1) This insurance is excess over any o f the other insurance, whether primary, excess, contingentor on any other basis that is effect ive prior to the beginning o f the policy period shown in theSchedule o f this insurance and that applies to an act, error or omission on other than aclaims-made basis, if:

(a) no Retroactive Date is shown in the Schedule o f this insurance; or

(b) the other insurance has a policy period which continues after the Retroactive Date shownin the Schedule o f this insurance.

(2) When this insurance is excess, we will have no duty to defend the Insured against any "suit" i fany other insurer has a duty to defend the Insured against that "suit." I f no other insurerdefends, we will undertake to do so, but we will be entitled to the Insured's rights against allthose other insurers.

(3) When this insurance is excess over other insurance, we will pay only our share o f the amounto f the loss, i f any, that exceeds the sum o f the total amount that all such other insurancewould pay f o r the loss in absence o f this insurance; and the total o f all deductible andself- insured amounts under all that other insurance.

(4) We will share the remaining loss, i f any, with any other insurance that is not described in thisExcess Insurance provision and was not bought specifically to apply in excess o f the Limits o fInsurance shown in the Schedule o f this endorsement.

c. Method of Sharing

I f all o f the other insurance permits contribution by equal shares, we will fo l low this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable Limit o fInsurance or none o f the loss remains, whichever comes first.

I f any o f the other insurance does not permit contribution by equal shares, we will contribute bylimits. Under this method, each insurer's share is based on the ratio o f its applicable Limits o fInsurance to the total applicable Limits o f Insurance o f all insurers.

F. For the purposes o f the coverage provided by this endorsement, the fol lowing Extended Reporting Periodprovisions are added, or, i f this endorsement is attached to a claims-made coverage part, replaces any similarsection in that Coverage Part:

Extended Reporting Period

1. You will have the right to purchase an Extended Reporting Period, as described below, if:

a. this endorsement is canceled or not renewed; or

b. we renew or replace this endorsement with insurance that:

(1) has a Retroactive Date later than the date shown in the Schedule o f this endorsement; or

(2) does not apply to an act, error or omission on a claims-made basis.

2. The Extended Reporting Period does not extend the policy period or change the scope o f coverageprovided. It applies only to "claims" f o r acts, errors or omissions that were f i rst committed before theend o f the policy period but not before the Retroactive Date, i f any, shown in the Schedule. Once ineffect , the Extended Reporting Period may not be canceled.

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3. An Extended Reporting Period o f f ive years is available, but only by an endorsement and f o r an extracharge.

You must give us a written request f o r the endorsement within 60 days after the end o f the policyperiod. The Extended Reporting Period will not go into ef fec t unless you pay the additional premiumpromptly when due.

We will determine the additional premium in accordance with our rules and rates. In doing so, we maytake into account the following:

a. the "employee benefit programs" insured;

b. previous types and amounts o f insurance;

c. limits o f Insurance available under this endorsement f o r future payment o f damages; and

d. other related factors.

The additional premium will not exceed 100% o f the annual premium f o r this endorsement.

The Extended Reporting Period endorsement applicable to this coverage shall set for th the terms, notinconsistent with this section, applicable to the Extended Reporting Period, including a provision to theef fec t that the insurance afforded f o r "claims" f i rst received during such period is excess over anyother valid and collectible insurance available under policies in force after the Extended Reporting Periodstarts.

4. I f the Extended Reporting Period is in effect , we will provide an extended reporting period aggregateLimit o f Insurance described below, but only f o r claims f i rst received and recorded during the ExtendedReporting Period.

The extended reporting period aggregate Limit o f Insurance will be equal to the dollar amount shown inthe Schedule o f this endorsement under Limits o f Insurance.

Paragraph D.1.b. o f this endorsement will be amended accordingly. The Each Employee Limit shown in theSchedule will then continue to apply as set for th in paragraph D.1.c.

G. For the purposes o f the coverage provided by this endorsement, the fol lowing definitions are added to theDefinitions Section:

1. "Administration" means:

a. providing information to "employees," including their dependents and beneficiaries, with respect toeligibility f o r or scope o f "employee benefit programs";

b. handling records in connection with the "employee benefit program"; or

c. effecting, continuing or terminating any "employee's" participation in any benefit included in the"employee benefit program."

However, "administration" does not include handling payroll deductions.

2. "Cafeteria plans" means plans authorized by applicable law to allow employees to elect to pay f o rcertain benefits with pre- tax dollars.

3. "Claim" means any demand, or "suit," made by an "employee" or an "employee's" dependents andbeneficiaries, f o r damages as the result o f an act, error or omission.

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4. "Employee benefit program" means a program providing some or all o f the fol lowing benefits to"employees," whether provided through a "cafeteria plan" or otherwise:

a. group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexiblespending accounts, provided that no one other than an "employee" may subscribe to such benefitsand such benefits are made generally available to those "employees" who satisfy the plan's eligibilityrequirements;

b. prof i t sharing plans, employee savings plans, employee stock ownership plans, pension plans andstock subscription plans, provided that no one other than an "employee" may subscribe to suchbenefits and such benefits are made generally available to all "employees" who are eligible under theplan f o r such benefits;

c. unemployment insurance, social security benefits, workers' compensation and disability benefits;

d. vacation plans, including buy and sell programs; leave o f absence programs, including military,maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies;and

e. any other similar benefits designated in the Schedule or added thereto by endorsement.

H. For the purposes o f the coverage provided by this endorsement, Definitions 5. and 18. in the DefinitionsSection are replaced by the following:

5. "Employee" means a person actively employed, formerly employed, on leave o f absence or disabled, orretired. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker."

18. "Suit" means a civil proceeding in which damages because o f an act, error or omission to which thisinsurance applies are alleged. "Suit" includes:

a. an arbitration proceeding in which such damages are claimed and to which the Insured must submitor does submit with our consent; or

b. any other alternative dispute resolution proceeding in which such damages are claimed and to whichthe Insured submits with our consent.

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CG 74 38 (Ed. 06/18) (Page 1 o f 1)

CG 74 38 (Ed. 06/18)

Policy No. -

STOP GAP EMPLOYERS' LIABILITY COVERAGE PARTDECLARATIONS PAGE

NAMED INSURED: POLICY PERIOD:to


Employee Bodily Injury by Accident Each Accident $Employee Bodily Injury by Disease Each Employee $Aggregate Employee Bodily Injury by Disease Policy Limit $

DESCRIPTION OF BUSINESS:

Form o f Business:

Estimated Payroll $

Total Advance Premium $

Premium shown is payable: $ at inception;$

FORMS AND ENDORSEMENTS applicable to this Coverage Part and made a part o f this Policy at the time o f issueare listed on the attached Forms and Endorsements Schedule CG 88 01 (11/85).

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Includes copyrighted material o f Insurance Services Office, Inc., with its permissionCG 74 39 (Ed. 06/18) (Page 1 o f 8)

CG 74 39 (Ed. 06/18)

WASHINGTON - STOP GAP - EMPLOYERS' LIABILITY COVERAGE PART

Various provisions o f this Coverage Part restrict coverage. Read the entire Policy carefully to determinerights, duties, and what is and is not covered.

Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in theDeclarations, and any other person or organization qualifying as a named insured under this Policy. Thewords "we", "us" and "our" refer to the Company providing this insurance.

The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS ANINSURED.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V -DEFINITIONS.

SECTION I - STOP GAP COVERAGES


a. We will pay those sums that the Insuredbecomes legally obligated by WashingtonLaw to pay as damages because o f "bodilyinjury by accident" or "bodily injury bydisease" to your "employee" to which thisinsurance applies.

We will have the right and duty to defendthe Insured against any "suit" seeking thosedamages. However, we will have no dutyto defend the Insured against any "suit"seeking damages to which this insurancedoes not apply. We may, at our discretion,investigate any accident or settle any claimor "suit" that may result. But:


(2) our right and duty to defend end whenwe have used up the applicable Limito f Insurance in the payment o f judg-ments or settlements under this c o v -erage.

No other obligation or liability to pay sumsor perform acts or services is coveredunless explicitly provided f o r under Sup-plementary Payments.

b. This insurance applies to "bodily injury byaccident" or "bodily injury by disease" onlyif:

(1) The:

(a) the "bodily injury by accident" or"bodily injury by disease" takesplace in the "coverage territory";

(b) "bodily injury by accident" or"bodily injury by disease" arisesout o f and in the course o f theinjured "employee's" employmentby you; and

(c) "employee", at the time o f the in -jury, was covered under a w o r k -ers' compensation policy andsubject to a "workers' compen-sation law" o f Washington; and

(2) The:

(a) "bodily injury by accident" iscaused by an accident that occursduring the policy period; or

(b) "bodily injury by disease" is caus-ed by or aggravated by conditionso f employment by you and theinjured "employee's" last day o flast exposure to the conditionscausing or aggravating such"bodily injury by disease" occursduring the policy period.

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c. The damages we will pay, where recoveryis permitted by law, include damages:

(1) For:

(a) which you are liable to a thirdparty by reason o f a claim or"suit" against you by that thirdparty to recover the damagesclaimed against such third party asa result o f injury to your "em-ployee".

(b) care and loss o f services; and

(c) consequential "bodily injury byaccident" or "bodily injury by d is -ease" to a spouse, child, parent,brother or sister o f the injured"employee";

Provided that these damages are thedirect consequence o f "bodily injuryby accident" or "bodily injury by d is -ease" that arises out o f and in thecourse o f the injured "employee's"employment by you; and

(2) because o f "bodily injury by accident"or "bodily injury by disease" to your"employee" that arises out o f and inthe course o f the employment, claimedagainst you in a capacity other than asemployer.

2. Exclusions


a. Fines or Penalties

Any assessment, penalty, or fine levied byany regulatory inspection agency or au-thority.

b. Violation of Law

"Bodily injury by accident" or "bodily injuryby disease" suffered or caused by any"employee" while employed in violation o flaw with your actual knowledge or theactual knowledge or any o f your "execu-tive officers".

c. Remuneration

"Bodily injury by accident" or "bodily injuryby disease" suffered by any "employee"whose remuneration has not been includedin the total remuneration upon which p r e -mium f o r this insurance is based.

d. Crew Members

"Bodily injury by accident" or "bodily injuryby disease" to a master or member o f thecrew o f any vessel or any member o f theflying crew o f an aircraft.

e. Federal Laws

Any premium, assessment, penalty, fine,benefit, liability or other obligation i m -posed by or granted pursuant to:

(1) the Federal Employer's Liability Act (45USC Section 51-60) ;

(2) the Non-appropriated Fund Instrumen-talities Act (5 USC Sections8171-8173) ;

(3) the Longshore and Harbor Workers'Compensation Act (33 USC Sections910-950) ;

(4) the Outer Continental Shelf Lands Act(43 USC Section 1331-1356) ;

(5) the Defense Base Act (42 USC Sec-tions 1651-1654) ;

(6) the Federal Coal Mine Health and Safe-ty Act o f 1969 (30 USC Sections901-942) ;

(7) the Migrant and Seasonal AgriculturalWorker Protection Act (29 USC Sec-tions 1801-1872) ;

(8) any other workers' compensation, un -employment compensation or disabilitylaws or any similar law; or

(9) any subsequent amendments to thelaws listed above.

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f. Failure to Comply with "Workers' Com-pensation Law"

"Bodily injury by accident" or "bodily injuryby disease" to an "employee" when youare deprived o f common law defenses orare otherwise subject to penalty becauseo f your failure to secure your obligationsor other failure to comply with any"workers compensation law".

g. Contractual Liability

Liability assumed by you under any c o n -tract or agreement.

h. Statutory Obligations

Any obligation o f the Insured under aworkers' compensation or occupationaldisease law, disability benefits, or unem-ployment compensation law or any similarlaw.

i. Intentional Act

Any injury sustained because o f any actcommitted intentionally or at the directiono f any insured.

j. Termination, Coercion or Discrimination

Damages arising out o f coercion, criticism,demotion, evaluation, reassignment, d isc i -pline, defamation, harassment, humiliation,discrimination against or termination o fany "employee", or arising out o f otheremployment or personnel decisions c o n -cerning the Insured.

k. Punitive Damages

Any claim f o r or award o f punitive, exem-plary or treble damages, or damages in -tended to punish or deter misconduct,rather than to compensate f o r harm.

l. Intentional Injury

"Bodily injury by accident" or "bodily injuryby disease" intentionally caused or aggra-vated by you, or "bodily injury by accident"or "bodily injury by disease" resulting f roman act which is determined to have beencommitted by you i f it was reasonable tobelieve that an injury is substantially certainto occur.

m. Unsafe Work Condition

"Bodily injury by accident" or "bodily injuryby disease" arising after an insured hasfailed to abate an unsafe work conditionf o r which the Insured has received noticeo f an order to abate.

n. Criminal Acts

"Bodily injury by accident" or "bodily injuryby disease" resulting f rom a fraudulent or"criminal act" by the Insured.

o. War

Damages arising out o f war, whether ornot declared, or any act or condition in -cidental to war. War includes civil war,insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany o f these.

p. Asbestos

Damages arising out o f or related in anyway to asbestos, asbestos-containing ma-terials, or asbestos-containing products.

q. Silica or Related Dust

(1) Any "bodily injury by accident" or"bodily injury by disease" which wouldnot have occurred, in whole or in part,but f o r the actual, alleged, threatened,or suspected inhalation or ingestion of ,exposure to, or contact with, "silica"or dust that includes or contains "sil i-ca".

(2) Any loss, cost or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to or assessing theef fects of , "silica" or dust that includesor contains "silica", by any insured orby any other person or entity.

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(ii) whether the "silica" or dust thatincludes or contains "silica", ismixed with or combined with, oralso includes or contains, anyother substance.

"Silica" means any type or fo rm o f thechemical compound silicon dioxide (SiO2)in any form, f rom any source.

r. Violation of Age Laws or Employmentof Minors

"Bodily injury by accident" or "bodily injuryby disease" suffered or caused by anyperson:

(1) knowingly employed by you in violationo f any law as to age; or

(2) under the age o f 14 years, regardlesso f any such law.

s. Pollution

Any liability arising f rom or related to theactual, alleged or threatened discharge,dispersal, seepage, migration, release orescape o f "pollutants" at any time. "Pollu-tants" mean any solid, liquid, gaseous orthermal irritant or contaminant, includingsmoke, vapor, soot, fumes, acids, alkalis,chemicals and waste. Waste includes ma-terials to be recycled, reconditioned orreclaimed.

t. Employee Benefit Plans

Any liability arising out o f any activity bythe Insured concerning any employeebenefit plan or self- insured fund, or toany amounts due under any fringe benefitor retirement program.

u. Abuse, Molestation, Harassment orSexual Conduct

Damages due to "bodily injury by accident"or "bodily injury by disease" arising out of:

(1) the actual, threatened or alleged abuse,molestation, harassment or sexualconduct by any one o f any person; or

(2) the negligent:

(a) employment;

(b) investigation;

(c) supervision;

(d) reporting to the proper authorit-ies, or failure so to report;

(e) retention; or

(f) referral;

o f a person f o r whom any insured isor ever was legally responsible andwhose conduct would be excluded by(1) above.

Supplementary Payments

We will pay, with respect to any claim we inves-tigate or settle, or any "suit" against an insured wedefend:

1. All expenses we incur.

2. The cost o f bonds to release attachments, butonly f o r bond amounts within the applicableLimit o f Insurance. We do not have to furnishthese bonds.

3. All reasonable expenses incurred by the In-sured at our request to assist us in the inves-tigation or defense o f the claim or "suit", i n -cluding actual loss o f earnings up to $250 aday because o f time o f f f rom work.

4. All court costs taxed against the Insured in the"suit". However, these payments do not i n -clude attorneys' fees or attorneys' expensestaxed against the Insured.

5. Prejudgment interest awarded against the In-sured on that part o f the judgment we pay. I fwe make an o f f e r to pay the applicable Limito f Insurance, we will not pay any prejudgmentinterest based on that period o f time after theof fer .

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6. All interest on the full amount o f any judgmentthat occurs after entry o f the judgment andbefore we have paid, o f fered to pay, or d e -posited in court the part o f the judgment thatis within the applicable Limit o f Insurance.

These payments will not reduce the Limit o f In-surance.






d. An organization other than a partnership,joint venture or limited liability company,you are an insured. Your "executive o f -ficers" and directors are insureds, but onlywith respect to their duties as your o f -f icers or directors. Your stockholders arealso insureds, but only with respect totheir liability as stockholders. No personor organization is an Insured with respectto the conduct o f any current or pastpartnership, joint venture or limited liabilitycompany that is not shown as a NamedInsured in the Declarations.

"Executive of f icer" means a person hold-ing any o f the of f icer positions created byyour charter, constitution, bylaws or anyother similar governing document.



a. insureds;


c. persons or organizations making claims orbringing "suits".

2. "Bodily Injury by Accident". The limit shownf o r "Bodily Injury by Accident" - Each A c -cident is the most we will pay f o r all damagescovered by this insurance because o f "bodilyinjury by accident" to one or more employeesin any one accident.

A disease is not "bodily injury by accident",unless it results directly f rom "bodily injury byaccident".

3. "Bodily Injury by Disease". The limit shown f o r"Bodily Injury by Disease" - Aggregate is themost we will pay f o r all damages covered bythis insurance and arising out o f "bodily injuryby disease", regardless o f the number o f e m -ployees who sustain "bodily injury by disease".The limit shown f o r "Bodily Injury by Disease"- Each Employee is the most we will pay f o rall damages because o f "bodily injury by d is -ease" to any one "employee".

"Bodily injury by disease" does not includedisease that results directly f rom a "bodilyinjury by accident".

The limits o f this Coverage Part apply separatelyto each consecutive annual period and to anyremaining period o f less than 12 months, startingwith the beginning o f the policy period shown inthe Declarations, unless the policy period is e x -tended after issuance f o r an additional period o fless than 12 months. In that case, the additionalperiod will be deemed part o f the last precedingperiod f o r purposes o f determining the Limits o fInsurance.

SECTION IV - STOP GAP CONDITIONS

1. Bankruptcy


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2. Duties in the Event of Occurrence, Claim orSuit

a. You must see to it that we are notified assoon as practicable o f a "bodily injury byaccident" or "bodily injury by disease"which may result in a claim. To the extentpossible, notice should include:

(1) how, when and where the "bodily i n -jury by accident" or "bodily injury bydisease" took place;


(3) the nature and location o f any injury.






(1) immediately send us copies o f any d e -mands, notices, summonses or legalpapers received in connection with theinjury, claim, proceeding or "suit";


(3) cooperate with us and assist us, as wemay request, in the investigation orsettlement o f the claim or defenseagainst the "suit";

(4) assist us, upon our request, in the en -forcement o f any right against anyperson or organization which may beliable to the Insured because o f injuryor damage to which this insurance mayalso apply; and

(5) do nothing after an injury occurs thatwould interfere with our right to r e -cover f rom others.

d. No insureds will, except at their own cost,voluntarily make a payment, assume anyobligation, or incur any expense, otherthan f o r f i rst aid, without our consent.



a. to join us as a party or otherwise bring usinto a "suit" asking f o r damages f rom aninsured; or


A person or organization may sue us to r e -cover on an agreed settlement or on a finaljudgment against an insured, but we will notbe liable f o r damages that are not payableunder the terms o f this Coverage Part or thatare in excess o f the applicable Limit o f Insur-ance. An agreed settlement means a sett le-ment and release o f liability signed by us, theInsured and the claimant or the claimant's legalrepresentative.

4. Premium Audit

a. We will compute all premiums f o r thisCoverage Part in accordance with ourrules and rates.

b. Premium shown in this Coverage Part asAdvance Premium is a deposit premiumonly. At the close o f each audit period wewill compute the earned premium f o r thatperiod and send notice to the f i rst NamedInsured. The due date f o r audit and r e t -rospective premiums is the date shown asthe due date on the bill. I f the sum o f theAdvance and audit premiums paid f o r thePolicy term is greater than the earnedpremium, we will return the excess to thef i rst Named Insured.

c. The f i rst Named Insured must keeprecords o f the information we need f o rpremium computation, and send us copiesat such times as we may request.

5. Representations


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a. the statements in the Declarations are a c -curate and complete;

b. those statements are based upon repre -sentations you made to us; and









I f we decide not to renew this Coverage Part,we will mail or deliver to the f i rst NamedInsured shown in the Declarations written n o -tice o f the nonrenewal not less than 30 daysbefore the expiration date.

I f notice is mailed, p roo f o f mailing will besufficient p roo f o f notice.

9. Other Insurance

This insurance is excess over any other validand collectible insurance.


1. "Bodily injury" means "bodily injury by a c -cident" or "bodily injury by disease", includingdeath at any time resulting therefrom.

2. "Bodily injury by accident" means "bodilyinjury", sickness or disease sustained by aperson, including death, resulting f rom an a c -cident. A disease is not "bodily injury by a c -cident" unless it results directly f rom "bodilyinjury by accident".

3. "Bodily injury by disease" means a diseasesustained by a person, including death. "Bodilyinjury by disease" does not include a diseasethat results directly f rom an accident.

4. "Covered territory" means:

a. the United States o f America, its te r r i to r -ies or possessions; or

b. Canada.

provided the "bodily injury by accident" or"bodily injury by disease" arises out o f and inthe course o f employment by any insured e i -ther in operations in the State designated inthe schedule or in operations necessary orincidental thereto, or sustained while tempo-rarily outside the United States o f America, itsterritories or possessions, or Canada arisingout o f and in the course o f his employmentby the Insured in connection with operationsin the State designated in the schedule, butthis insurance does not apply to any suitbrought in or any judgment rendered by anycourt outside the United States o f America, itsterritories or possessions, or Canada or to anaction on such judgment wherever brought.

5. "Criminal act" means an act punishable underany federal, state, or local criminal statute,ordinance or other law.

6. "Employee" includes a "leased worker". "Em-ployee" does not include a "temporary w o r k -er".

7. "Leased worker" means a person leased toyou by a labor leasing f i rm under an agree-ment between you and the labor leasing firm,to perform duties related to the conduct o fyour business. "Leased worker" does not i n -clude a "temporary worker".

8. "Suit" means a civil proceeding in whichdamages to which this insurance applies arealleged. "Suit" includes:

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a. an arbitration proceeding in which suchdamages are claimed and to which the In-sured must submit or submits with ourconsent; or

b. any other alternative dispute resolutionproceeding in which such damages areclaimed and to which the Insured mustsubmit or submits with our consent.


10. "Workers' compensation law" means theWorkers' Compensation Law and any Occupa-tional Disease Law o f Washington. This doesnot include provisions o f any law providingnonoccupational disability benefits.

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CG 81 33 (Ed. 08/11) (Page 1 o f 1)

CG 81 33 (Ed. 08/11)

Policy No. -

OHIO STOP GAP EMPLOYERS' LIABILITY COVERAGE PARTDECLARATIONS PAGE

NAMED INSURED: POLICY PERIOD:to


Bodily Injury By Accident $ Each AccidentBodily Injury By Disease $ Each EmployeeBodily Injury By Disease $ Aggregate Limit

FORM OF BUSINESS:

ESTIMATED ANNUAL PREMIUM: $

FORMS AND ENDORSEMENTS applicable to this Coverage Part and made a part o f this Policy at the time o fissue are listed on the attached Forms and Endorsements Schedule, CG 88 01 (11/85).

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Includes copyrighted material o f ISO Properties, Inc., with its permission.CG 81 34 (Ed. 08/11) (Page 1 o f 9)

CG 81 34 (Ed. 08 11)

OHIO STOP GAP EMPLOYERS' LIABILITY COVERAGE PART

Various provisions o f this Coverage Part restrict coverage. Read the entire policy carefully to determinerights, duties, and what is and is not covered.

Throughout this Coverage Part the words "you" and "your" refer to the Named Insureds shown in theDeclarations. 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 II - WHO ISAN INSURED.


SECTION I - STOP GAP COVERAGE


a. We will pay those sums that the Insuredbecomes legally obligated by Ohio Law topay as damages because o f "bodily injuryby accident" or "bodily injury by disease"to your "employee" to which this insuranceapplies. We will have the right and duty todefend the Insured against any "suit" seek-ing those damages. However, we will haveno duty to defend the Insured against any"suit" seeking damages to which this i n -surance does not apply. We may, at ourdiscretion, investigate any accident andsettle any claim or "suit" that may result.But:

(1) the amount we will pay as damages islimited as described in SECTION III -LIMITS OF INSURANCE; and

(2) our right and duty to defend end whenwe have used up the applicable Limitso f Insurance in the payment o f judg-ments or settlements under this c o v -erage.

No other obligation or liability to pay sumsor performs acts or services is coveredunless explicitly provided f o r under 3.Supplementary Payments.


(1) The:

(a) "bodily injury by accident" or"bodily injury by disease" takesplace in the "coverage territory";


(c) "employee," at the time o f injury,was covered under a workers'compensation policy and subjectto a "workers' compensation law"o f Ohio; and

(2) The:


(b) "bodily injury by disease" is caus-ed by or aggravated by the in -jured "employee's" conditions o femployment by you and the in -jured "employee's" last day o f lastexposure to the conditions caus-

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ing or aggravating such "bodilyinjury by disease" occurs duringthe policy period.

c. The damages we will pay, where this i n -surance applies and recovery is permittedby law, include damages:

(1) For:

(a) which you are liable to a thirdparty by reason o f a claim or"suit" against you by that thirdparty to recover the damagesclaimed against such third party asa result o f "bodily injury by a c -cident" or "bodily injury by d is -ease" to your "employee";

(b) care and loss o f services resul t-ing f rom the injury referred to inc.(1)(a); and

(c) "bodily injury by accident" or"bodily injury by disease" to aspouse, child, parent, brother orsister o f the injured "employee"as a consequence o f the injuryreferred to in c.(1)(a);

provided that these damages are the directconsequence o f "bodily injury by accident"or "bodily injury by disease" that arises outo f and in the course o f the injured "em-ployee's" employment by you; and

(2) Because o f "bodily injury by accident"or "bodily injury by disease" to your"employee" that arises out o f and inthe course o f employment, claimedagainst you in a capacity other than asemployer.

2. Exclusions

This insurance does not apply to any:

a. Abuse

"Bodily injury by accident" or "bodily injuryby disease" arising out of:

(1) any actual, threatened or alleged abuse,molestation, harassment, or sexualconduct or sexual conduct or miscon-duct, o f or directed at any person byany other person; or

(2) the wrongful:

(a) employment;

(b) investigation;

(c) supervision;

(d) reporting to the proper authorit-ies, or failure to so report;

(e) retention; or

(f) referral;

o f or to any person f o r whom anyinsured is or ever was legally respon-sible and whose conduct would beexcluded by (1) above.

This exclusion applies whether or not theconduct or misconduct described in (1) or(2) is, or is alleged to be, sexual, non-sexual, negligent, reckless, knowing, inten-tional, fraudulent, oppressive, malicious, orotherwise.

b. Asbestos

Damages arising out of , attributable to, orin any way related to any fo rm o f asbes-tos, or the actual, threatened, or allegedtransmission o f any fo rm o f asbestos inany manner.

c. Contractual Liability

Liability assumed by any insured under anycontract or agreement.

d. Crew Members

"Bodily injury by accident" or "bodily injuryby disease" to a master or member o f thecrew o f any vessel or any member o f theflying crew o f any aircraft.

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e. Criminal Acts

"Bodily injury by accident" or "bodily injuryby disease" resulting f rom a fraudulent actor "criminal act" by:

(1) any insured;

(2) the "employee" suffering the "bodilyinjury by accident" or "bodily injury bydisease"; or

(3) any other person employed, as eitheran "employee" or a "temporary w o r k -er," by the same employer as the "em-ployee" suffering the "bodily injury byaccident" or "bodily injury by disease."

f. Employee Benefit Plans

(1) liability arising out o f any activity bythe Insured concerning any "employee"benefit plan or self- insured fund, orf o r any amount due under any fringebenefit or retirement program; or

(2) obligation o f the Insured under theEmployee Retirement Income SecurityAct o f 1974 (ERISA) or any o f itsamendments, or under any similar law,regulation, or ordinance.

g. Failure to Comply with "Workers' Com-pensation Law"

"Bodily injury by accident" or "bodily injuryby disease" to an "employee" when youare:

(1) deprived o f common law defenses; or

(2) otherwise subject to penalty;

because o f your failure to secure yourobligations or other failure to comply withany "workers' compensation law."

h. Federal Laws

(1) "Bodily injury by accident" or "bodilyinjury by disease" to any person, sus-tained in the course o f any employ-ment that is subject to any o f the f o l -lowing laws:

(a) the Federal Employer's LiabilityAct (45 USC Sections 51-60) ;

(b) the Non-appropriated Fund In-strumentalities Act (5 USC Sec-tions 8171-8173) ;

(c) the Longshore and Harbor W o r k -ers' Compensation Act (33 USCSections 910-950) ;

(d) the Outer Continental Shelf LandsAct (43 USC Sections1331-1356) ;

(e) the Defense Base Act (42 USCSections 1651-1654) ;

(f) the Federal Coal Mine Health andSafety Act o f 1969 (30 USCSections 901-942) ;

(g) the Migrant and Seasonal Agr icul-tural Worker Protection Act (29USC Sections 1 8 0 1 - 1872);

(h) any other workers' compensation,unemployment compensation ordisability laws or any similar law;or

(i) any subsequent amendments tothe laws listed above; and

(2) Premium, assessment, penalty, fine,benefit, liability, or other obligation i m -posed by or granted pursuant to anylaw described in (1)(a) through (1)(i).

i. Fines and Penalties

Assessment, penalty, or fine levied by anyregulatory or inspection agency or au-thority;

j. Intentional Injury

"Bodily injury by accident" or "bodily injuryby disease":

(1) deliberately caused or aggravated byyou with actual intent to injure an "em-ployee"; or

(2) resulting f rom an act or omission, a c -tually or allegedly committed by you orby any person or organization on yourbehalf, i f at the time o f the act oromission it would have been reason-

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able f o r you, or f o r that person ororganization, to believe that an injurywas substantially certain to occur.

k. Pollution

Liability arising from, related to, or whichwould not have occurred but f o r the d is -charge, dispersal, release, escape, p res -ence of , or exposure to, smoke, vapors,soot, fumes, acids, alkalis, toxic chemicals,liquid gases, waste materials or other i r -ritants, contaminants or pollutants f romany source, at any location, at any time.

l. Punitive Damages

Punitive or exemplary damages, trebledamages, the enhanced or multiple c o m -ponent o f enhanced or multiplied damages,or any other damages intended to punishor deter conduct rather than to compen-sate f o r harm because o f "bodily injury byaccident" or "bodily injury by disease" toan "employee."

m. Remuneration

"Bodily injury by accident" or "bodily injuryby disease" suffered by any "employee"whose full remuneration has not been in -cluded in the total remuneration uponwhich premium f o r this insurance is based.

n. Silica

"Bodily injury by accident" or "bodily injuryby disease" which would not have o c -curred, in whole or in part, but f o r theactual, alleged, threatened, or suspectedinhalation or ingestion of , presence of ,exposure to, or contact with, "silica" ordust that includes or contains "silica."


(1) the circumstances o f or leading tosuch actual, alleged, threatened, orsuspected inhalation, ingestion, e x p o -sure, contact, existence, or presence;and

(2) whether the "silica," or dust that i n -cludes or contains "silica," is mixedwith or combined with, or also in -cludes or contains, any other sub-stance.

o. Statutory Obligations

Obligation o f an insured under a workers'compensation or occupational disease law,disability benefits law, unemploymentcompensation law, or any similar law.

p. Termination, Coercion or Discrimination

Damages arising out o f coercion, criticism,demotion, evaluation reassignment, d isc i -pline, defamation, harassment, humiliation,discrimination against or termination o fany "employee," or arising out o f any o t h -er employment or personnel decision o fthe Insured.

q. Violation of Age Laws or Employmentof Minors




r. Violation of Law

"Bodily injury by accident" or "bodily injuryby disease" suffered or caused by any"employee" while employed in violation o flaw with your actual knowledge or theactual knowledge o f any o f your "execu-tive officers."

s. War

Damages arising out or war, whether ornot declared, or any act or condition in -cidental to war. War includes civil war,insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany o f these.

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t. Welding and Cutting Operations

"Bodily injury by accident" or "bodily injuryby disease" arising out of , caused by, r e -sulting from, contributed to, aggravatedby, or related in any way, whether directlyor indirectly, and whether in whole or inpart, to any actual, alleged, or threatenedexposure to, existence of , presence of ,contact with, ingestion of , inhalation of , orabsorption of , any fume, vapor, dust, r e -sidue, smoke, soot, gas, chemical radiationor radioactive material, particle, or pa r -ticulate, arising f rom any:

(1) welding operation, including, but notlimited to, welding, brazing, soldering,thermal spraying, or cutting; or

(2) welding or cutting equipment or ma-terial, including, but not limited to,rods, electrodes, wire or similar p r o d -uct, welding consumables, base metal,or any coating present on base ma-terial; or

(3) any supervision, instruction, recom-mendation, warning, or advice, given orwhich should have been given, in c o n -nection with item 1. or 2. above.

This exclusion applies regardless o fwhether or not the exposure, existence,presence, contact, ingestion, inhalation, orabsorption, or any o f its effects, wassudden, accidental, gradual, intended, e x -pected, unexpected, preventable, not p r e -ventable, manmade, naturally occurring, orany combination o f the foregoing.

3. Supplementary Payments

We will pay, with respect to any claim weinvestigate or settle, or any "suit" against aninsured we defend:

a. All expenses we incur.

b. The cost o f bonds to release attachments,but only f o r bond amounts within the ap -plicable Limit o f Insurance. We do nothave to furnish these bonds.

c. All reasonable expenses incurred by theInsured at our request to assist us in theinvestigation or defense o f the claim or

"suit," including actual loss o f earnings upto $100 a day because o f time o f f f romwork.

d. All court costs taxed against the Insured inthe "suit." However, these payments donot include attorneys' fees or attorneys'expenses taxed against the Insured.

e. Prejudgment interest awarded against theInsured on that part o f the judgment wepay. I f we make an o f f e r to pay the ap -plicable Limit o f Insurance, we will not payany prejudgment interest based on thatperiod o f time after the of fer .

f. All interest on the full amount o f anyjudgment that accrues after entry o f thejudgment and before we have paid, o f -fered to pay, or deposited in court thepart o f the judgment that is within theapplicable Limit o f Insurance.

These payments will not reduce the Limits o fInsurance.


1. I f you are designated in the Declaration as:

a. An individual, you and your spouse areinsured, but only with respect to the c o n -duct o f a business o f which you are thesole owner.



d. An organization other than a partnership,joint venture, or limited liability company,you are an insured. Your executive o f -f icers and directors are insureds, but onlywith respect to their duties as your o f -f icers or directors. Your stockholders arealso insureds, but only with respect totheir liability as stockholders.

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e. A trust, you are an insured. Your trusteesare also insureds, but only with respect totheir duties as trustees.

2. Any organization you newly acquire or form,other than a partnership, joint venture orlimited liability company, and over which youmaintain ownership or majority interest, willqualify as a named insured i f there is no othersimilar insurance available to that organization.However:

a. coverage under this provision is affordedonly until 90th day after you acquire orfo rm the organization or the end o f thepolicy period whichever is earlier; and

b. coverage does not apply to "bodily injuryby accident" or "bodily injury by disease"that occurred before you acquired orformed the organization.

No person or organization is an insured withrespect to the conduct o f any current or pastpartnership or joint venture or limited liabilitycompany that is not shown as a named insuredin the Declarations.



a. insureds;


c. persons or organizations making claims orbringing "suits."

2. The "Bodily Injury by Accident" - Each A c -cident Limit shown in the Declarations is themost we will pay f o r all damages covered bythis insurance because o f "bodily injury byaccident" to one or more "employees" in anyone accident.

3. The "Bodily Injury by Disease" - AggregateLimit shown in the Declarations is the most wewill pay f o r all damages covered by this i n -surance and arising out o f "bodily injury bydisease," regardless o f the number o f "em-ployees" who sustain "bodily injury by d is -ease."

4. Subject to paragraph 3. above, the "BodilyInjury by Disease" - Each "Employee" Limitshown in the Declarations is the most we willpay f o r all damages because o f "bodily injuryby disease" to any one "employee."

5. The limits o f this Coverage Part apply sepa-rately to each consecutive annual period andto any remaining period o f less than 12months, starting with the beginning o f thepolicy period shown in the Declarations, un -less the policy period is extended after issu-ance f o r an additional period o f less than 12months. In that case, the additional period willbe deemed part o f the last preceding periodf o r purposes o f determining the Limits o fInsurance.

SECTION IV - CONDITIONS

1. Bankruptcy


2. Duties In the Event of Occurrence, Claim orSuit

a. You must see to it that we or our agentare notified as soon as practicable o f a"bodily injury by accident" or "bodily injuryby disease" which may result in a claim. Tothe extent possible, notice should include:








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(1) immediately send us copies o f any d e -mands, notices, summonses or legalpapers received in connection with theinjury, claim or "suit";


(3) cooperate with us in the investigation,settlement or defense o f the claim or"suit"; and

(4) assist us, upon our request, in the en -forcement o f any right against anyperson or organization which may beliable to the Insured because o f injuryto which this insurance may also apply.

d. No insured shall, except at that Insured'sown cost, voluntarily make a payment, as -sume any obligation, or incur any expense,other than f o r f i rst aid, without our c o n -sent.






4. Other Insurance

a. This insurance is primary except whenparagraph b. below applies.

b. I f both this insurance and other insuranceapply to the same "bodily injury by a c -cident" or "bodily injury by disease," thenour insurance applies only in excess o f allthat other insurance, regardless o f wheth-er that other insurance is described asprimary, excess, contributing, contingent,or otherwise. However, our insurance isnot excess over other insurance that isbought and issued specifically to applyonly in excess o f the limits o f our insur-ance.

c. When our insurance is excess over otherinsurance, then we have no duty to defendthe Insured against any "suit" i f any otherinsurer has a duty to defend the Insuredagainst that "suit." I f no other insurer d e -fends, we will undertake to do so, but wewill be entitled to the Insured's rightsagainst all those other insurers.

d. When our insurance is excess over otherinsurance, we will pay only our share o fthe amount o f the damages to which ourinsurance applies, i f any, that exceeds thesum of:

(1) the total amount that all such otherinsurance would pay f o r those dam-ages in the absence o f this insurance;and

(2) the total o f all deductible and se l f -insured amounts under all that otherinsurance.

We will share the remaining damages, i fany, with any other insurance that is notdescribed in this Other Insurance prov i -sion and was not bought and issued spe -cifically to apply in excess o f the limits o four insurance.

5. Premium Audit


b. Premium shown in this Coverage Part asAdvance Premium is a deposit premiumonly. At the close o f each audit period wewill compute the earned premium f o r thatperiod and send notice to the f i rst NamedInsured. The due date f o r audit and r e t -

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rospective premiums is the date shown asthe due date on the bill. I f the sum o f theAdvance and audit premiums paid f o r thePolicy term is greater than the earnedpremium, we will return the excess to thef i rst Named Insured.

c. The f i rst Named Insured must keeprecords o f the information we need f o rpremium computation and send us copiesat such times as we may request.

6. Representations







a. as i f each Named Insured were the onlyNamed Insured; and








1. "Bodily injury by accident" means bodily i n -jury, sickness or disease sustained by a p e r -son, including death, resulting f rom an a c -cident. A disease is not "bodily injury by a c -cident" unless it results directly f rom "bodilyinjury by accident."

2. "Bodily injury by disease" means a diseasesustained by a person, including death. H o w -ever, "bodily injury by disease" does not i n -clude a disease that results directly f rom anaccident.

3. "Coverage territory" means

a. the United States o f America (including itsterritories and possessions), Puerto Rico,and Canada;

b. international waters or airspace, but only i fthe "bodily injury by accident" or "bodilyinjury by disease" occurs in the course o ftravel or transportation between anyplaces included in a. above; and

c. all other parts o f the world, but only i f the"bodily injury by accident" or "bodily injuryby disease" arises out o f the activities o f aperson whose home in the territory d e -scribed in a. above, but who is away f o r ashort time on your business;

provided the "bodily injury by accident" or"bodily injury by disease" arises out o f and inthe course o f employment by an insured, e i -ther:

i. in operations in Ohio or in operations nec-essary or incidental thereto; or

ii. is sustained while temporarily outside theterritory described in a. above, arising outo f and in the course o f employment bythe Insured in connection with operationsin Ohio.

4. "Criminal act" means an act punishable inOhio under any federal, state or local criminalstatute, ordinance or other law.

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5. "Employee" includes a "leased worker." Em-ployee" does not include a "temporary w o r k -er."

6. "Executive officer" means a person holdingany o f the of f icer positions created by yourcharter, constitution, bylaws or any othersimilar governing document.

7. "Leased worker" means a person leased toyou by a labor leasing f i rm under an agree-ment between you and the labor leasing firm,to perform duties related to the conduct o fyour business. "Leased worker" does not i n -clude a "temporary worker."

8. "Silica" means any type or fo rm o f thechemical compound silicon dioxide (SiO2) inany form, f rom any source.

9. "Suit" means a civil proceeding in whichdamages to which this insurance applies arealleged and which is brought in a court locatedin the United States o f America (including itsterritories and possessions), Puerto Rico, orCanada. "Suit" includes:

a. an arbitration proceeding alleging suchdamages to which the Insured must submitor submits with our consent; and

b. any other alternative dispute resolutionproceeding in which such damages areclaimed and to which the Insured submitswith our consent;

which is commenced, conducted, and decidedin the United States o f America (including itsterritories and possessions), Puerto Rico, orCanada.

However, "suit" does not include any p r o -ceeding brought to enforce or collect on ajudgment rendered by any court or tribunallocated outside the United States o f America(including its territories and possessions),Puerto Rico, and Canada.


11. "Workers' Compensation Law" means theWorkers Compensation Law and any Occupa-tional Disease Law o f Ohio. "Workers' Com-pensation Law" does not include the prov i -sions o f any law providing non-occupationaldisability benefits.

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CG 91 33 (Ed. 06/18)

NORTH DAKOTA - STOP GAP - EMPLOYERS' LIABILITY COVERAGE PART







a. We will pay those sums that the Insuredbecomes legally obligated by North DakotaLaw to pay as damages because o f "bodilyinjury by accident" or "bodily injury bydisease" to your "employee" to which thisinsurance applies.






(1) The:



(c) "employee", at the time o f the in -jury, was covered under a w o r k -ers' compensation policy andsubject to a "workers' compen-sation law" o f North Dakota; and

(2) The:


(b) "bodily injury by disease" is caus-ed by or aggravated by conditionso f employment by you and theinjured "employee's" last day o flast exposure to the conditionscausing or aggravating such"bodily injury by disease" occursduring the policy period.

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(1) For:






2. Exclusions




b. Violation of Law


c. Remuneration


d. Crew Members


e. Federal Laws











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i. Intentional Act




k. Punitive Damages






n. Criminal Acts


o. War


p. Asbestos




(2) Any loss, cost or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in anyway responding to or assessing theef fects of , "silica" or dust that includesor contains "silica", by any insured orby any other person or entity.

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s. Pollution







(2) the negligent:

(a) employment;

(b) investigation;

(c) supervision;


(e) retention; or

(f) referral;









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a. insureds;









1. Bankruptcy


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(4) assist us, upon our request, in the en -forcement o f any right against anyperson or organization which may beliable to the Insured because o f injuryor damage to which this insurance mayalso apply; and








4. Premium Audit




5. Representations


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9. Other Insurance








b. Canada.






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10. "Workers' compensation law" means theWorkers' Compensation Law and any Occupa-tional Disease Law o f North Dakota. This doesnot include provisions o f any law providingnonoccupational disability benefits.

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CG 91 34 (Ed. 06/18)

WYOMING - STOP GAP - EMPLOYERS' LIABILITY COVERAGE PART







a. We will pay those sums that the Insuredbecomes legally obligated by WyomingLaw to pay as damages because o f "bodilyinjury by accident" or "bodily injury bydisease" to your "employee" to which thisinsurance applies.




The tender o f the Limits o f Insurancebefore judgment or settlement doesnot relieve us o f our duty to defend.



(1) The:



(c) "employee", at the time o f the in -jury, was covered under a w o r k -ers' compensation policy andsubject to a "workers' compen-sation law" o f Wyoming; and

(2) The:


(b) "bodily injury by disease" is caus-ed by or aggravated by conditionso f employment by you and theinjured "employee's" last day o f

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last exposure to the conditionscausing or aggravating such"bodily injury by disease" occursduring the policy period.


(1) For:






d. Damages include prejudgement interestawarded against the Insured.

2. Exclusions




b. Violation of Law


c. Remuneration


d. Crew Members


e. Federal Laws









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i. Intentional Act




k. Punitive Damages






n. Criminal Acts


o. War


p. Asbestos




(2) Any loss, cost or expense arising outo f the abating, testing for , monitoring,cleaning up, removing, containing,treating, detoxifying, neutralizing, r e -mediating or disposing of , or in any

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way responding to or assessing theef fects of , "silica" or dust that includesor contains "silica", by any insured orby any other person or entity.









s. Pollution







(2) the negligent:

(a) employment;

(b) investigation;

(c) supervision;


(e) retention; or

(f) referral;








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a. insureds;








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1. Bankruptcy















(4) assist us, upon our request, in the en -forcement o f any right against anyperson or organization which may be

liable to the Insured because o f injuryor damage to which this insurance mayalso apply; and








4. Premium Audit



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5. Representations














9. Other Insurance








b. Canada.




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10. "Workers' compensation law" means theWorkers' Compensation Law and any Occupa-tional Disease Law o f Wyoming. This does notinclude provisions o f any law providing non-occupational disability benefits.

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CG 91 59 (Ed. 01/19) (Page 1 o f 4)

CG 91 59 (Ed. 01/19)


FINANCIAL INSTITUTIONS GENERAL LIABILITYAMENDATORY ENDORSEMENT



A. The Exclusions paragraph under Coverage Ais amended as follows:

1. The last paragraph o f the Exclusionsparagraph is replaced by the following:

Exclusions c. through n. do not apply todamage by fire, lightning or "explosion" topremises while rented to you or tempo-rarily occupied by you with permission o fthe owner. A separate Limit o f Insuranceapplies to this coverage as described inthe Limits Of Insurance section.

2. The following exclusions are added:

a. Failure Of Obligation

"Bodily injury" or "property damage"arising out o f any obligation assumedby any insured including the failure todischarge, or the improper dischargeof , any obligation or duty, contractualor otherwise, with respect to anycontract or treaty o f insurance, r e -insurance, suretyship, annuity, endow-ment or employee benefit plan, includ-ing applications, receipts or binders.

b. Insolvency Funds

"Bodily injury" or "property damage"arising out o f membership in or c o n -tributing to or management o f anyplan, pool, association, insolvency orguarantee fund or any similar fund, o r -ganization or association, whethervoluntary or involuntary.

c. Professional Services

"Bodily injury" or "property damage"arising out o f the rendering or failureto render professional services, in -cluding but not limited to:

(1) Advising, inspecting, reporting, ormaking recommendations in theinsured's capacity as an insurancecompany, mortgage servicingagency, bank or lending institu-tion, financial advisor, consultant,broker, agent or representative;

(2) Effecting insurance, reinsuranceor suretyship coverages;

(3) Investigating, defending or settingany claim under any contract orinsurance, self-insurance, re in-surance or suretyship;

(4) Auditing or maintaining o f ac -counts or records o f others;

(5) Conducting an investment, leasing,loan or real estate department oroperation;

(6) Acting in any capacity as a f i du -ciary or trustee;

(7) Performing any claim, investiga-tion, adjustment, engineering, in -spection, survey or appraisal se r -vice;

(8) Performing electronic data p r o -cessing, systems analysis, design,programming or consulting orother similar services;

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CG 91 59 (Ed. 01/19) (Page 2 o f 4)

(9) Checking or reporting o f credit;or

(10) Tax planning, tax advising or thepreparation o f tax returns.

d. Fines And Penalties

Any obligation to pay fines and penal-ties.

e. Safe Deposit Boxes

"Property damage" to property in cus-tomers' safe deposit boxes, or c o n -tained in vaults f o r which customershave been issued storage receipts.

f. Stop Payment

"Bodily injury", "property damage" or"personal and advertising injury" arisingout of:

(1) Compliance or failure to complywith any notice to stop payment;

(2) Refusal to pay or to certify;

(3) Failure to give proper notice o fdishonor on any checks, note ordraft drawn, made or accepted byany depositor o f the insured.

g. Mortgageholder's Liability

Damages due to error or accidentalomission in the operation o f your cus-tomary procedure in procuring andmaintaining valid insurance against theCovered Causes o f Loss f o r thebenefit o f the mortgagor in amounts,and under conditions, customarily ac -cepted by the mortgagor.

B. The provisions o f the Other Insurance c o n -dition are replaced by the following:

Other Insurance

1. I f other valid and collectible insurance isavailable to the insured f o r a loss we c o v -er under Coverages A or B o f this Cov -erage Part, our obligations are limited asfollows:


This insurance is primary except whenParagraph b. below applies. I f this in -surance is primary, our obligations arenot affected unless any o f the otherinsurance is also primary. Then, we willshare with all that other insurance bythe method described in Paragraph c.below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any o f the other insurance,whether primary, excess,contingent or on any otherbasis:

(i) That is Fire, ExtendedCoverage, Builder'sRisk, Installation Risk orsimilar coverage f o r"your work";

(ii) That is Fire, Lightning or"Explosion" insurancef o r premises rented toyou or temporarily o c -cupied by you withpermission o f the o w n -er;

(iii) I f the loss arises out o fthe maintenance or useo f aircraft, "autos" orwatercraft to the extentnot subject to the Ai r -craft, Auto Or Water-craft exclusion underCoverage A .

(iv) I f the loss arises out o f"property damage" toborrowed equipmentwhile not being used toperform operations atthe job site; or

(v) I f the loss arises out o f"property damage" dueto the use o f elevators.

(b) Any other primary insuranceavailable to you covering l i -ability f o r damages arisingout o f the premises or o p -

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CG 91 59 (Ed. 01/19) (Page 3 o f 4)

erations, or the product andcompleted operations, f o rwhich you have been addedas an insured by attachmento f an endorsement.

(2) When this insurance is excess,we will have no duty under Cov-erage A or B to defend the in -sured against any "suit" i f anyother insurer has a duty to defendthe Insured against that "suit". I fno other insurer defends, we willundertake to do so, but we willbe entitled to the Insured's rightsagainst all those other insurers.

(3) When this insurance is excessover other insurance, we will payonly our share o f the amount o fthe loss, i f any, that exceeds thesum of:

(a) The total amount that all suchother insurance would payf o r the loss in the absenceo f this insurance; and

(b) The total o f all deductibleand self-insured amountsunder all that other insurance.

(4) We will share the remaining loss,i f any, with any other insurancethat is not described in this Ex -cess Insurance provision and wasnot bought specifically to apply inexcess o f the Limits o f Insuranceshown in the Declarations o f thisCoverage Part.

c. Method Of Sharing

I f all o f the other insurance permitscontribution by equal shares, we willfo l low this method also. Under thisapproach, each insurer contributesequal amounts until it has paid its ap -plicable Limit o f Insurance or none o fthe loss remains, whichever comesfirst.

I f any o f the other insurance does notpermit contribution by equal shares,we will contribute by limits. Under thismethod, each insurer's share is based

on the ratio o f its applicable Limit o fInsurance to the total applicable Limitso f Insurance o f all insurers.

d. No Insurance

I f an insured has any other insurancef o r "bodily injury" or "property dam-age" due to non-owned aircraft ornon-owned watercraft, the insuranceprovided by this Policy does not apply.

2. I f other valid and collectible insurance isavailable to the injured person f o r a losswe cover under Coverage C o f this Cov -erage Part, this insurance is excess overany other insurance, whether primary orexcess, contingent or on any other basis.

We will pay only our share o f the amounto f the loss, i f any, that exceeds the totalamount that all such other insurance wouldpay f o r the loss in the absence o f thisinsurance. We will share the remainingloss, i f any, with any other insurance thatis not described in this excess Insuranceprovision and was not bought specificallyto apply in excess o f the Limits o f Insur-ance shown in the Declarations page o fthis Coverage Part.

C. The Definitions section is amended as f o l -lows:

1. The following definition is added:

"Explosion" means a sudden release o fexpanding pressure accompanied by anoise, a bursting for th o f material and ev i -dence o f the scattering o f debris to loca-tions further than would have resulted bygravity alone.

"Explosion" does not include any o f thefollowing:

a. Artificially generated electrical current,including electrical arcing, that disturbselectrical devices, appliances or wires;

b. Rupture or bursting o f water pipes;

c. Explosion o f steam boilers, steampipes, steam engines or steam turbinesowned or leased by you, or operatedunder your control; or

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CG 91 59 (Ed. 01/19) (Page 4 o f 4)

d. Rupture or bursting caused by centr i -fugal force.

2. The following provision is added to thedefinition o f "property damage":

Tangible property does not include money,currency, coin, bank notes, Federal Re-serve Notes, money orders, travelers'checks, instruments or contracts that r e -present money or an interest in property,including but not limited to certificated and

uncertificated securities, negotiable in -struments, certificates o f deposit, drafts,checks, acceptances, evidence o f debt,security agreements, withdrawal orders,certificates o f origin or title, letters o fcredit, warrants, scrip, contracts, bills o flading, insurance policies, abstracts o f t i -tle, deeds and mortgages on real estate,revenue and other stamps, tokens, unsoldstate lottery tickets, books o f account andother records, gems, jewelry, preciousmetals in bars or ingots, and all otherproperty o f a similar nature.

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CG 91 57 (Ed. 01/19) (Page 1 o f 7)

CG 91 57 (Ed. 01/19)


FINANCIAL INSTITUTIONS GENERAL LIABILITYENHANCEMENT ENDORSEMENT



The following is a summary of the Limits of Insurance and coverage enhancements provided bythis endorsement. For complete details on specific coverage, please refer to the provisions of thisendorsement and the underlying Commercial General Liability Coverage Form.

SCHEDULE

Coverage Enhancement Page

Bodily Injury Definition Broadened 6

Damage to Premises Rented to You $1,000,000 6

Damage To Property - Borrowed Equipment Broadened 3

Damage To Property - Elevators Broadened 3

Expected or Intended Injury Broadened 2

General Aggregate Limit Per Location Basis 6

Medical Payments Reporting Period 3 Years 3

Newly Acquired Organizations - Extended Coverage 180 days 3

Non-Owned Aircraft (With Crew) Included 2

Non-Owned Watercraft Less Than 75 Feet 2

Notice To Company - Duties In The Event Of Occurrence,Claim Or Suit Broadened 6

Repossessed Watercraft Less Than 75 Feet 2

Subsidiaries As Insureds Included 3

Supplementary Payments - Automatic Teller Machines $1,000 3

Supplementary Payments - Bail Bonds $5,000 3

Supplementary Payments - Loss Of Earnings $1,000 per day 3

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CG 91 57 (Ed. 01/19) (Page 2 o f 7)

Unintentional Failure To Disclose Hazards Broadened 6

Waiver Of Subrogation Broadened 6

Who Is An Insured - Contract, Agreement or Permit Broadened 3

Additional Enhancements (Place an X in the box to indicate coverage)

Bodily Injury To Co-Employee X 5

Incidental Medical Malpractice X 5

Amended Definition Of Personal And Advertising Injury X 7

A. The Exclusions paragraph under Coverage A- Bodily Injury And Property Damage Li-ability is amended as follows:

1. The provisions o f the Expected Or In-tended Injury exclusion are replaced bythe following:

"Bodily injury" or "property damage" e x -pected or intended f rom the standpoint o fthe insured.This exclusion does not applyto "bodily injury" or "property damage"resulting f rom the use o f reasonableforce to protect any person or property.

2. The Aircraft, Auto Or Watercraft exclu-sion is amended as follows:

a. The provisions o f Paragraph (2)(a) areamended to read as follows:

Less than 75 feet long; and

b. The following provision is added:

This exclusion does not apply to anaircraft, with a paid crew, that is hired,chartered or loaned but is not ownedby any insured.

c. The following provision is added:

This exclusion does not apply towatercraft (less than 75 feet long) thatyou have repossessed and are holdingf o r sale that is:

(1) In your care, custody and control;and

(2) Not being used to carry personsor property f o r a charge.

This coverage does not apply i f youhave any other insurance that is p r i -mary, excess, contingent or on anyother basis.

3. The provisions o f the Damage To Prop-erty exclusion are replaced by the f o l -lowing:

"Property damage" to:

a. Property you own, rent, or occupy,including any costs or expenses in -curred by you, or any other person,organization or entity, f o r repair, r e -placement, enhancement, restorationor maintenance o f such property f o rany reason, including prevention o f in -jury to a person or damage to an-other's property;

b. Premises you sell, give away or aban-don, i f the "property damage" arisesout o f any part o f those premises andoccurs f rom hazards that were knownto you or should have been known toyou at the time the property wastransferred or abandoned;

c. Property loaned to you:

d. Personal property in the care, custodyor control o f the insured;

e. That particular part o f real property onwhich you or any contractors or sub-contractors working directly or indi-

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CG 91 57 (Ed. 01/19) (Page 3 o f 7)

rectly on your behalf are performingoperations, i f the "property damage"arises out o f those operations; or

f. That particular part o f any propertythat must be restored, repaired or r e -placed because "your work" was in -correctly performed on it.

Paragraph b. o f this exclusion does notapply i f the premises are "your work" andwere never occupied, rented or held f o rrental by you.

Paragraphs c., d., e. and f. o f this exclu-sion do not apply to liability assumed un-der a sidetrack agreement.

Paragraphs c. and d. o f this exclusion donot apply to the use o f elevators.

Paragraph d. o f this exclusion does notapply to "property damage" to borrowedequipment unless such equipment is beingused to perform operations at a job site.

Paragraph f. o f this exclusion does notapply to "property damage" included in the"products-completed operations hazard".

B. The provisions o f Paragraph (b) under Para-graph a. o f the Coverage C - Medical Pay-ments Insuring Agreement are replaced bythe following:

The expenses are incurred and reported to uswithin three years o f the date o f the accident;and

C. Supplementary Payments - Coverages AAnd B is amended as follows:

1. The provisions o f Paragraph 1.b. are r e -placed by the following:

Up to $5,000 f o r cost o f bail bonds r e -quired because o f accidents or t raf f ic lawviolations arising out o f the use o f anyvehicle to which the Bodily Injury LiabilityCoverage applies. We do not have to f u r -nish these bonds.

2. The provisions o f Paragraph 1.d. are r e -placed by the following:

All reasonable expenses incurred by theinsured at our request to assist us in theinvestigation or defense o f the claim or"suit", including actual loss o f earnings upto $1,000 a day because o f time o f f f romwork.

3. The following provision is added to Para-graph 1.:

At your option, up to $1,000 f o r "p rop-erty damage" to an "auto" resulting f rommaking contact with your drive-throughteller or ATM, provided the "auto" is notrented or owned by you or any insured.

D. The Who Is An Insured section is amended asfollows:

1. The following provision is added to Para-graph 2.:

Any subsidiary, and subsidiary thereof, o fyours which is a legally incorporated entityo f which you own a financial interest o fmore than 50% o f voting stock on theeffective date o f this Coverage Part. Theinsurance afforded herein f o r any subsid-iary not named in this Coverage Part as aNamed Insured does not apply to injury ordamage with respect to which an insuredunder this Coverage Part is also an insuredunder another policy or would be an in -sured under such policy but f o r its t e r -mination or the exhaustion o f its Limits o fInsurance.

2. The provisions o f Paragraph 3.a. are r e -placed by the following:

Coverage under this provision is affordedonly until the 180th day after you acquireor fo rm the organization or the end o f thepolicy period, whichever is earlier;

3. The following provision is added:

Contract, Agreement Or Permit

a. Any person(s) or organization(s) withwhom you agreed in a written c o n -tract, written agreement or permit toprovide insurance such as is affordedunder this Coverage Part will qualify asan additional insured, but only with r e -spect to liability f o r "bodily injury","property damage" or "personal and

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CG 91 57 (Ed. 01/19) (Page 4 o f 7)

advertising injury" caused, in whole orin part, by your acts or omissions orthe acts or omissions o f those actingon your behalf:

(1) In the performance o f "yourwork" f o r the additional insured(s)at the location designated in thecontract, agreement or permit;

(2) In the maintenance, operation oruse o f equipment leased to youby such person(s) or organiza-tion(s); or

(3) In connection with premises youown, rent, lease or occupy.

This insurance applies on a primary andnoncontributory basis i f that is r e -quired in writing by the contract,agreement or permit.

b. The insurance provided to the addi-tional insured herein is limited. The in -surance does not apply:

(1) Unless:

(a) The written contract, agree-ment or permit is currently inef fec t or becomes effectiveduring the term o f this Pol i-cy; and

(b) The contract or agreementwas executed, or permit i s -sued, prior to the "bodily in -jury", "property damage" or"personal and advertising in -jury".

(2) To any person or organization i fthe "bodily injury", "propertydamage" or "personal and adver-tising injury" arises out o f therendering o f or failure to renderany professional architectural,engineering or surveying servicesby or f o r you, including:

(a) The preparing, approving, orfailing to prepare or ap -prove, maps, shop drawings,opinions, reports, surveys,

field orders, change order ordrawings and specifications;or

(b) Supervisory, inspection, a r -chitectural or engineeringactivities.

(3) To any:

(a) Lessor o f equipment afterthe equipment lease termi -nates or expires;

(b) Owners or other interestsf rom whom land has beenleased; or

(c) Managers or lessors o fpremises if:

(i) The "occurrence" takesplace after you ceaseto be a tenant in thatpremises; or

(ii) The "bodily injury","property damage" or"personal and advertis-ing injury" arises out o fstructural alterations,new construction ordemolition operationsperformed by or onbehalf o f the manageror lessor.

(4) To "bodily injury" or "propertydamage" occurring after:

(a) All work on the project(other than service, mainten-ance or repairs) to be p e r -formed by or on behalf o fthe additional insured at thesite o f the covered ope r -ations has been completed;or

(b) That portion o f "your work"out o f which the injury ordamage arises has been putto its intended use by anyperson or organization otherthan a contractor or sub-contractor engaged in p e r -

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CG 91 57 (Ed. 01/19) (Page 5 o f 7)

forming operations f o r aprincipal as part o f the sameproject.

(5) To any person or organization in -cluded as an additional insured byan endorsement issued by us andmade a part o f this CoveragePart.

c. Limits o f insurance applicable to theadditional insured are those specifiedin the contract, agreement or permitor in the Declarations o f this Policy,whichever is less, and is the most wewill pay regardless o f the number of:

(1) Insureds;

(2) Claims made or "suits" brought; or

(3) Persons or organizations makingclaims or bringing "suits".

These Limits o f Insurance are inclusiveof , and not in addition to, the Limits o fInsurance shown in the Declarations.

4. I f coverage f o r Bodily Injury To Co-Em-ployee is indicated in the Schedule above,the provisions o f Paragraph 2.a. are r e -placed by the following:

Your "volunteer workers" only while p e r -forming duties related to the conduct o fyour business, or your "employees" otherthan either your "executive off icers" (ifyou are an organization other than a par t -nership, joint venture or limited liabilitycompany) or your managers (if you are alimited liability company) but only f o r actswithin the scope o f their employment byyou or while performing duties related tothe conduct o f your business. However,none o f these "employees" or "volunteerworkers" is an insured for:

a. "Bodily injury" or "personal and ad-vertising injury:

(1) To you, to your partners ormembers (if you are a partnershipor joint venture), to your mem-bers (if you are a limited liabilitycompany), or to your other "vo l -

unteer workers" while performingduties related to the conduct o fyour business;

(2) To the spouse, child, parent,brother or sister o f that "volun-teer worker" as a consequenceo f Paragraph a.(1) above;

(3) For which there is any obligationto share damages with or repaysomeone else who must paydamages because o f the injurydescribed in Paragraph a.(1) or (2)above; or

(4) Arising out o f his or her prov id-ing or failing to provide p ro fes -sional health care services.

b. "Property damage to property:

(1) Owned, occupied or used by;

(2) Rented to, in the care, custody orcontrol of , or over which physicalcontrol is being exercised f o r anypurpose by;

you, any o f your "employees", anypartner or member (if you are a par t -nership or joint venture), or any mem-ber (if you are a limited liability c o m -pany).

5. I f coverage f o r Incidental Medical Ma l -practice is indicated in the Scheduleabove, the provisions o f Paragraph2.a.(1)(d) are replaced by the following:

Arising out o f his or her providing or fa i l -ing to provide professional health careservices. But this limitation does not applyto you, your "employees", directors, o f -ficers, partners or managers as insureds,with respect to such damages caused byadministering cardiopulmonary resuscita-tion, f i rst aid services or using an AEDdevice by such insured person. Further-more, it does not apply to a physician,dentist, nurse, emergency medical techni-cian or paramedic in their insured capacityas your "employee", director, off icer,partner or manager. The insurance p r o -vided by this provision is excess over any

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CG 91 57 (Ed. 01/19) (Page 6 o f 7)

other valid and collectible insurancewhether such insurance is primary, excess,contingent or on any other basis.

E. The Limits of Insurance section is amendedas follows:

1. The provisions o f Paragraph 6. are r e -placed by the following:

Subject to Paragraph 5. above, the highero f $1,000,000 or the Damage To Prem-ises Rented To You Limit is the most wewill pay under Coverage A f o r damagesbecause o f "property damage" to any onepremises while rented to you or, in thecase o f damage by fire, lightning or e x -plosion, while rented to you or temporar-ily occupied by you with permission o f theowner.

2. The following provision is added:

The General Aggregate Limit applies sepa-rately to each described location listed inthe Declarations.

F. The Commercial General Liability Condi-tions section is amended as follows:

1. The following provision is added to theDuties In The Event Of Occurrence, O f -fense, Claim Or Suit condition:

In the event an insured first reports an"occurrence" to the workers' compensa-tion insurer o f the Named Insured and this"occurrence" later develops into a claimcovered by this Policy, the insured's fa i l -ure to report such "occurrence" to us atthe time o f the "occurrence" shall not bedeemed to be a violation o f this condition.You must, however, give us notice as soonas practicable after being made aware thatthe claim is potentially covered by thisPolicy.

Knowledge o f an "occurrence", claim or"suit" by the agent, servant or "employee"o f any insured shall not in itself constituteknowledge o f the insured unless an o f -f icer or his designee shall have receivednotice f rom its agent, servant or "em-ployee".

2. The following provision is added to theRepresentations condition:

However, i f unintentionally you should failto disclose all existing hazards at the in -ception date o f your policy, we shall notdeny coverage under this Coverage Partbecause o f such failure.

3. The following provision is added to theTransfer Of Rights Of Recovery AgainstOthers To Us condition:

I f the insured has agreed in a contract oragreement to waive that insured's right o frecovery against any person or organiza-tion, we waive our right o f recoveryagainst such person or organization, butonly f o r payments we make because of:

a. "Bodily injury" or "property damage"caused by an "occurrence" that takesplace; or

b. "Personal and advertising injury" caus-ed by an offense that is committed;

subsequent to the execution o f the c o n -tract or agreement.

We will waive any right o f recovery wemay have against any person or organiza-tion because o f payment we make f o rinjury or damage arising out o f your o n -going operations done under a writtencontract or agreement with that person ororganization and included in "your work"or the "products-completed operationshazard". This waiver applies only to p e r -sons or organizations with whom you havea written contract or agreement, executedprior to the "bodily injury" or "propertydamage", that requires you to waive yourrights o f recovery.

G. The Definitions section is amended as f o l -lows:

1. The definition o f "bodily injury" is replacedby the following:

"Bodily injury" means physical injury, s ick-ness, disease or "incidental medical mal-practice" sustained by a person, includingresulting mental anguish, mental injury,emotional distress, humiliation, shock,fright or death.

2. The following definition is added:

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CG 91 57 (Ed. 01/19) (Page 7 o f 7)

"Incidental medical malpractice" means in -jury arising out o f the negligent renderingo f or failure to render medical or para-medical services to persons by any physi-cian, dentist, nurse, emergency medicaltechnician or paramedic who is employedby you to provide such services, providedyou are not engaged in the business oroccupation o f providing any services r e -ferred to in this definition.

3. The definition o f "personal and advertisinginjury" is amended as follows:

a. The provisions o f Paragraph d. are r e -placed by the following:

Oral, written or electronic publication,in any manner, o f material that slandersor libels a person or organization ordisparages a person's or organization'sgoods, products or services;

b. The provisions o f Paragraph e. are r e -placed by the following:

Oral, written or electronic publication,in any manner, o f material that violatesa person's right o f privacy;

c. I f coverage f o r Amended DefinitionOf Personal And Advertising Injuryis indicated in the Schedule above, thefollowing provision is added:

Discrimination or humiliation that r e -sults in injury to the feelings or repu-tation o f a natural person, but only i fsuch discrimination or humiliation isnot:

(1) Done intentionally by or at the d i -rection of:

(a) An insured; or

(b) Any "executive officer", d i -rector, stockholder, partneror member o f the insured;

(2) Directly or indirectly related tothe employment, prospective e m -ployment or termination o f e m -ployment o f any person(s) by anyinsured.

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Insurance Services Office, Inc., 2015CG 21 70 (Ed. 01/15)

CG 21 70 (Ed. 01/15)


CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. I f aggregate insured losses attributable to t e r -rorist acts certif ied under the federal Ter ro r -ism Risk Insurance Act exceed $100 billion ina calendar year and we have met our insurerdeductible under the Terrorism Risk InsuranceAct, we shall not be liable f o r the payment o fany portion o f the amount o f such losses thatexceeds $100 billion, and in such case insuredlosses up to that amount are subject to prorata allocation in accordance with proceduresestablished by the Secretary o f the Treasury.

"Certified act o f terrorism" means an act thatis certif ied by the Secretary o f the Treasury,in accordance with the provisions o f the f e d -eral Terrorism Risk Insurance Act, to be an acto f terrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Actf o r a "certified act o f terrorism" include thefollowing:

1. The act resulted in insured losses in e x -cess o f $5 million in the aggregate, at t r ib-utable to all types o f insurance subject tothe Terrorism Risk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property or i n -frastructure and is committed by an in -dividual or individuals as part o f an e f fo r tto coerce the civilian population o f theUnited States or to influence the policy oraf fect the conduct o f the United StatesGovernment by coercion.

B. The terms and limitations o f any terrorismexclusion, or the inapplicability or omission o fa terrorism exclusion, do not serve to createcoverage f o r injury or damage that is o ther -wise excluded under this Coverage Part.

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general liability coverage part declarations page … · cg 74 00 (ed. 07 01) policy no. - general...

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